31 U.S.C. § 1347 — Appropriations or authorizations required

Page 183 TITLE 31—MONEY AND FINANCE § 1348 group’’ are substituted for ‘‘committees, boards, or other interagency groups’’ to eliminate unnecessary words. The words ‘‘includes a representative of the agency’’ are substituted for ‘‘composed in whole or in part of representatives thereof’’ for clarity. In subsection (c)(1), the words ‘‘authorized by law’’ are substituted for ‘‘unless the creation . . . shall be or shall have been authorized by law’’ to eliminate unnec- essary words. In subsection (c)(2), the words ‘‘armed forces’’ are substituted for ‘‘military or naval service of the United States’’ for consistency. Subsection (c)(3) is substituted for the last sentence of 31:672 to eliminate unnecessary words. § 1347. Appropriations or authorizations required for agencies in existence for more than one year (a) An agency in existence for more than one year may not use amounts otherwise available for obligation to pay its expenses without a spe- cific appropriation or specific authorization by law. If the principal duties and powers of the agency are substantially the same as or similar to the duties and powers of an agency estab- lished by executive order, the agency estab- lished later is deemed to have been in existence from the date the agency established by the order came into existence. (b) Except as specifically authorized by law, another agency may not use amounts available for obligation to pay expenses to carry out du- ties and powers substantially the same as or similar to the principal duties and powers of an agency that is prohibited from using amounts under this section. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 925.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1347(a) ..... 31:696(1st, 2d sen- tences). June 27, 1944, ch. 286, § 213, 58 Stat. 387. 1347(b) ..... 31:696(last sen- tence). In the section, the word ‘‘agency’’ is substituted for ‘‘agency or instrumentality’’ because of section 101 of the revised title and for consistency. The words ‘‘amounts otherwise available for obligation’’ are sub- stituted for ‘‘any appropriation or fund made available by this or any other Act’’, and the words ‘‘duties and powers’’ are substituted for ‘‘functions’’, for consist- ency in the revised title. In subsection (a), the words ‘‘After January 1, 1945’’ are omitted as executed. The words ‘‘including those established by Executive order’’ are omitted the first time they appear as surplus. The words ‘‘from the date . . . came into existence’’ are substituted for ‘‘during the existence’’ for clarity. In subsection (b), the word ‘‘amounts’’ is substituted for ‘‘appropriations’’ for consistency in the revised title. § 1348. Telephone installation and charges (a)(1) Except as provided in this section, ap- propriations are not available to install tele- phones in private residences or for tolls or other charges for telephone service from private resi- dences. (2) Under regulations of the Secretary of State, appropriations may be used to install and pay for the use of telephones in residences owned or leased by the United States Govern- ment in foreign countries for the use of the For- eign Service. (b) Under regulations prescribed by the Sec- retary of the Army on recommendation of the Chief of Engineers, not more than $30,000 may be expended each fiscal year to install and use in private residences telephones required for offi- cial business in constructing and operating locks and dams for navigation, flood control, and related water uses. (c) Under regulations prescribed by the Sec- retary of Defense, funds appropriated to the De- partment of Defense are available to install, re- pair, and maintain telephone wiring in resi- dences owned or leased by the United States Government and, if necessary for national de- fense purposes, in other private residences. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 926; Pub. L. 98–407, title VIII, § 811(a), Aug. 28, 1984, 98 Stat. 1523; Pub. L. 104–201, div. A, title XVII, § 1721, Sept. 23, 1996, 110 Stat. 2758.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1348(a)(1) 31:679(words before 2d comma). Aug. 23, 1912, ch. 350, § 7(less proviso), 37 Stat. 414. 1348(a)(2) 31:679(proviso). Aug. 23, 1912, ch. 350, 37 Stat. 360, § 7(proviso); added Apr. 30, 1940, ch. 175, 54 Stat. 175. 1348(b) ..... 31:679(words be- tween 2d comma and proviso). 31:680a. May 10, 1939, ch. 119, § 4, 53 Stat. 738. 1348(c) ..... 31:680. Sept. 22, 1922, ch. 427, § 7, 42 Stat. 1042; May 17, 1950, ch. 188, § 203, 64 Stat. 170; re- stated June 28, 1955, ch. 198, 69 Stat. 188. In subsection (a)(1), the words ‘‘or private apart- ment’’ are omitted as being included in ‘‘private resi- dences’’. In subsection (a)(2), the word ‘‘appropriations’’ is sub- stituted for ‘‘Government funds’’, and the word ‘‘calls’’ is substituted for ‘‘tolls’’, for consistency. The word ‘‘official’’ is omitted as surplus. In subsection (b), the words ‘‘On and after May 10, 1939’’ in 31:680a are omitted as executed. The word ‘‘agency’’ is substituted for ‘‘executive department, es- tablishment, or agency’’ for clarity and because of sec- tion 101 of the revised title. The words ‘‘official busi- ness’’ are substituted for ‘‘public business’’ in 31:679 and ‘‘transaction of public business which the interests of the Government require to be so transacted’’ in 31:680a to eliminate unnecessary words. The words ‘‘division, bureau, or office’’ in 31:679 are omitted as being in- cluded in ‘‘agency’’. The words ‘‘or such subordinates as he may specially designate’’ in 31:680a are omitted as surplus. In subsection (c), the words ‘‘On and after September 22, 1922 the provisions of section 679 of this title, or any other law prohibiting the expenditure of public money . . . shall not be construed to apply to or forbid’’ are omitted as unnecessary because of the restatement. Editorial Notes AMENDMENTS 1996—Subsec. (a)(2). Pub. L. 104–201, § 1721(1), struck out at end ‘‘Subsection (b) of this section applies to long-distance calls made on those telephones.’’ Subsecs. (b) to (d). Pub. L. 104–201, § 1721(2), (3), redes- ignated subsecs. (c) and (d) as (b) and (c), respectively, and struck out former subsec. (b) which read as follows: ‘‘Appropriations of an agency are available to pay charges for a long-distance call if required for official business and the voucher to pay for the call is sworn to