31 U.S.C. § 1348 — Telephone installation and charges

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 Page 184 TITLE 31—MONEY AND FINANCE § 1349 by the head of the agency. Appropriations of an execu- tive agency are available only if the head of the agency also certifies that the call is necessary in the interest of the Government.’’ 1984—Subsec. (d). Pub. L. 98–407 added subsec. (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–201 effective 180 days after Sept. 23, 1996, see section 1725(a) of Pub. L. 104–201, set out as a note under section 5722 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–407, title VIII, § 811(b), Aug. 28, 1984, 98 Stat. 1523, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall be effective as of January 1, 1984. Funds appropriated to the Depart- ment of Defense may be used to reimburse persons for expenditures made after December 31, 1983, for the in- stallation, repair, and maintenance of telephone wiring in any Government-owned or leased housing unit before the date of the enactment of this Act [Aug. 28, 1984].’’ EMPLOYEES AUTHORIZED TO WORK AT HOME Pub. L. 104–52, title VI, § 620, Nov. 19, 1995, 109 Stat. 501, provided that: ‘‘Notwithstanding any provisions of this or any other Act, during the fiscal year ending September 30, 1996, and hereafter, any department, divi- sion, bureau, or office may use funds appropriated by this or any other Act to install telephone lines, and necessary equipment, and to pay monthly charges, in any private residence or private apartment of an em- ployee who has been authorized to work at home in ac- cordance with guidelines issued by the Office of Per- sonnel Management: Provided, That the head of the de- partment, division, bureau, or office certifies that ade- quate safeguards against private misuse exist, and that the service is necessary for direct support of the agen- cy’s mission.’’ § 1349. Adverse personnel actions (a) An officer or employee of the United States Government or of the District of Columbia gov- ernment violating section 1341(a) or 1342 of this title shall be subject to appropriate administra- tive discipline including, when circumstances warrant, suspension from duty without pay or removal from office. (b) An officer or employee who willfully uses or authorizes the use of a passenger motor vehi- cle or aircraft owned or leased by the United States Government (except for an official pur- pose authorized by section 1344 of this title) or otherwise violates section 1344 shall be sus- pended without pay by the head of the agency. The officer or employee shall be suspended for at least one month, and when circumstances war- rant, for a longer period or summarily removed from office. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 926.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1349(a) ..... 31:665(i)(1)(words be- fore semicolon re- lated to (a), (b)). R.S. § 3679(i)(1)(words before semicolon related to (a), (b)); Mar. 3, 1905, ch. 1484, § 4(1st par.), 33 Stat. 1257; Feb. 27, 1906, ch. 510, § 3, 34 Stat. 48; restated Sept. 6, 1950, ch. 896, § 1211, 64 Stat. 768. 1349(b) ..... 31:638a(c)(2)(2d sen- tence). July 16, 1914, ch. 141, § 5(c)(2)(2d sentence), 38 Stat. 508; restated Aug. 2, 1946, ch. 744, § 16(a), 60 Stat. 810. In subsection (a), the words ‘‘In addition to any pen- alty or liability under other law’’ are omitted as sur- plus. The words ‘‘District of Columbia government’’ are added because of section 47–105 of the D.C. Code. In subsection (b), the words ‘‘of the Government’’ and ‘‘from duty’’ are omitted as unnecessary because of the restatement. The word ‘‘pay’’ is substituted for ‘‘com- pensation’’ for consistency. The word ‘‘agency’’ is sub- stituted for ‘‘department’’ because of section 101 of the revised title and for consistency. § 1350. Criminal penalty An officer or employee of the United States Government or of the District of Columbia gov- ernment knowingly and willfully violating sec- tion 1341(a) or 1342 of this title shall be fined not more than $5,000, imprisoned for not more than 2 years, or both. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 926.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1350 ......... 31:665(i)(1)(words after semicolon related to (a), (b)). R.S. § 3679(i)(1)(words after semicolon related to (a), (b)); Mar. 3, 1905, ch. 1484, § 4(1st par.), 33 Stat. 1257; Feb. 27, 1906, ch. 510, § 3, 34 Stat. 48; restated Sept. 6, 1950, ch. 896, § 1211, 64 Stat. 768. The words ‘‘District of Columbia government’’ are added because of section 47–105 of the D.C. Code. The words ‘‘upon conviction’’ are omitted as surplus. § 1351. Reports on violations If an officer or employee of an executive agen- cy or an officer or employee of the District of Columbia government violates section 1341(a) or 1342 of this title, the head of the agency or the Mayor of the District of Columbia, as the case may be, shall report immediately to the Presi- dent and Congress all relevant facts and a state- ment of actions taken. A copy of each report shall also be transmitted to the Comptroller General on the same date the report is trans- mitted to the President and Congress. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 926; Pub. L. 108–447, div. G, title I, § 1401(a), Dec. 8, 2004, 118 Stat. 3192.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1351 ......... 31:665(i)(2)(related to (a), (b)). R.S. § 3679(i)(2)(related to (a), (b)); Mar. 3, 1905, ch. 1404, § 4(1st par.), 33 Stat. 1257; Feb. 27, 1906, ch. 510, § 3, 34 Stat. 48; restated Sept. 6, 1950, ch. 896, § 1211, 64 Stat. 768. The words ‘‘executive agency’’ are substituted for ‘‘agency’’ because the definition of ‘‘agency’’ in 31:665(d)(2) applies to the source provisions restated in the section and because of section 102 of the revised title. The word ‘‘Mayor’’ is used because of Reorganiza- tion Plan No. 3 of 1967 (eff. Aug. 11, 1967, 81 Stat. 948) and sections 421, 422, and 771 of the District of Columbia Self-Government and Governmental Reorganization Act (Pub. L. 93–198, 87 Stat. 789, 818). The word ‘‘Presi- dent’’ is substituted for ‘‘President, through the Direc- tor of the Office of Management and Budget’’ because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085) designated the Bu- reau of the Budget as the Office of Management and