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B-240276 1 (1991-07-26)

handle is hein.gao/gaobadcaf0001 and id is 1 raw text is: Comptroller General of the United States Wshington, D.C. 20648 Decision Ap Matter of: Use of Appropriated Funds to Pay Long Distance Telephone Charges Incurred by a Computer Hacker File: B-240276 - Date: July 26, 1991 DIGEST Under 31 U.S.C. § 1348, an agency may pay long distance telephone charges only when required for official business and certified as necessary in the interest of the Government. The Soil Conservation Service may not reimburse the telephone company for charges incurred by an unidentified computer hacker; the agency may pay for charges incurred during an investigation to identify the hacker, however, as incident to the operations of the agency. DECISION This responds to a request from the Director, Fnancial Management Division, Soil Conservation Service (SCS), for an advance decision regarding the use of appropriated funds to pay certain unauthorized long distance telephone charges. The request focuses on the use of appropriated funds to pay for charges in two different circumstances: first, when SCS had no knowledge of any unauthorized use of its telephone system; and second, when SCS knew of the unauthorized use and allowed it to continue in an effort to identify and catch the offender. Under 31 U.S.C. 5 1348(b)( 988), funds appropriated to an agency are available to pay telephone toll charges only when required for official business and when the head of the agency certifies that the telephone call is necessary in the interest of the Government. SCS has determined that the telephone calls made prior to June 11, *when it had no knowledge of the use of its system by a computer hacker, were not for official business. Consequently, SCS may not use appropriated funds to pay for these toll charges. SCS may pay, however, for long distance telephone calls made during its investigation with the telephone company into the unauthorized use. BACKGROUND SCS has determined that beginning in May 1990, a computer hacker had apparently accessed an SCS computer telephone line and used SCS equipment to randomly dial numbers in an attempt 7 d LI ED DECISION

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