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B-201842 1 (1981-04-20)

handle is hein.gao/gaobadjjz0001 and id is 1 raw text is: 




       DECISION



b_ A

       FILE:  B-201842


THE COMPTROLLER GENERAL
OF THE UNITED STATES
WASHINGTON. D. C. 2  5



/     DA4E: May 20, 1981


MATTER OF: Charges for Telephone Service
             in a Private Residence


    DIGEST: Because of necessity to ensure telephone
              service in the Air Deputy's residence
              upon his occupancy of quarters in Norway,
              telephone service is secured by the U.S.
              Government under long-term lease. For
              2 months, between incumbents the resi-
              dence was vacant but the telephone charges
              continued to accrue. Although 31 U.S.C.
              S 679 prohibits using appropriated funds
              for telephone service in a private resi-
              dence, the statute is not to be applied
              here where neither the outgoing nor
              incoming Air Deputy occupied the premises
              during the period covered by the charges.
              11 Comp. Gen. 365 (1932) modified.

    _This case concerns whether the statutory prohibition?
in 31 U.S.C. § 679,<against using appropriated funds to
pay for telephone services in a private residence, applies
to Government-leased quarters when they are vacant for a
short period between the incoming and outgoing occupants
to whom the quarters are assigned.j As will be explained,
the statute is not for application in the limited circum-
stances presented and appropriated funds may be used.

     The case was presented for an advance decision by
Captain P. E. Ruter, Accounting and Finance Officer, Depart-
ment of the Air Force, Headquarters 86th Tactical Fighter
Wing (USAFE), APO New York 09012.

    a The Air Deputy for the Allied Forces Northern Europe,
a United States Air Force general officer,is stationed
in Norway and is provided with quarters leased by the
Government. For these quarters, the Budget and Finance
Office at Headquarters Allied iorces Northern Europe
secures~telephone service-iunhier a long-term lease with
the Norwegian Telephone Company for which the Air Deputy
pays the charges.7The lease is necessary to ensure that
each new Air Deputy immediately will have the 24-hour tele-
phone service mandated by the nature of his position. If
the service were terminated upon the departure of each Air
Deputy, there is a likelihood of delay in providing tele-
phone service to the successor.--,


/ y N16

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