A-63697, JULY 19, 1935, 15 COMP. GEN. 49

A-63697: Jul 19, 1935

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

IF FUNDS ARE AVAILABLE AND PAYMENT IS AUTHORIZED. THE DEPARTMENT OF LABOR ADVISED THIS DEPARTMENT THAT THE FUNCTION OF THE BORDER PATROL OF THE IMMIGRATION AND NATURALIZATION SERVICE IS TO GUARD THE BORDERS OF THE UNITED STATES AGAINST ILLEGAL ENTRY OF ALIENS. THAT THE PATROL IS UNDER CIVIL SERVICE AND AT PRESENT HAS AN AUTHORIZED STRENGTH OF 912 OFFICERS AND EMPLOYEES. THAT FOR A NUMBER OF YEARS THE VARIOUS BORDER PATROLS DISTRICT ORGANIZATION HAVE ENTERED PISTOL AND RIFLE TEAMS IN NUMEROUS STATE OR REGIONAL CIVILIAN AND POLICE MATCHES. THAT IT IS DESIRED TO SELECT FROM THE ENTIRE SERVICE. TOGETHER WITH A SMALL-ARMS FIRING SCHOOL TO BE CONNECTED THEREWITH AND COMPETITIONS FOR WHICH TROPHIES AND MEDALS ARE PROVIDED BY THE NATIONAL RIFLE ASSOCIATION OF AMERICA.

A-63697, JULY 19, 1935, 15 COMP. GEN. 49

NATIONAL RIFLE MATCHES - CIVILIAN TEAMS WHERE REGULATIONS PROMULGATED BY THE SECRETARY OF WAR UNDER THE ACT OF MAY 28, 1928, 45 STAT. 786, SO PROVIDE, A RIFLE TEAM COMPOSED OF CIVILIAN MEMBERS OF THE IMMIGRATION BORDER PATROL, ON LEAVE WITH OR WITHOUT PAY FROM THEIR REGULAR EMPLOYMENT, MAY PARTICIPATE IN THE NATIONAL RIFLE MATCHES, AND IF FUNDS ARE AVAILABLE AND PAYMENT IS AUTHORIZED, THE INDIVIDUAL MEMBERS MAY BE PAID TRAVEL AND SUBSISTENCE ALLOWANCES AT RATES PRESCRIBED FOR CIVILIANS WHO ATTEND AND PARTICIPATE IN THE MATCHES.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, JULY 19, 1935:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 11, 1935, AS FOLLOWS:

THERE HAS BEEN PRESENTED TO THE WAR DEPARTMENT BY THE IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF LABOR, A QUESTION INVOLVING THE AVAILABILITY OF APPROPRIATED FUNDS IN THE MATTER OF PAYMENT OF MILEAGE REIMBURSEMENT AND COMMUTATION OF RATIONS TO MEMBERS OF A TEAM OF SAID SERVICE DESIROUS OF PARTICIPATING IN THE NATIONAL MATCHES TO BE HELD AT CAMP PERRY, OHIO.

THE DEPARTMENT OF LABOR ADVISED THIS DEPARTMENT THAT THE FUNCTION OF THE BORDER PATROL OF THE IMMIGRATION AND NATURALIZATION SERVICE IS TO GUARD THE BORDERS OF THE UNITED STATES AGAINST ILLEGAL ENTRY OF ALIENS; THAT THE PATROL IS UNDER CIVIL SERVICE AND AT PRESENT HAS AN AUTHORIZED STRENGTH OF 912 OFFICERS AND EMPLOYEES, SCATTERED THROUGHOUT THE CANADIAN AND MEXICAN BORDER STATES AND THE STATE OF FLORIDA; THAT FOR A NUMBER OF YEARS THE VARIOUS BORDER PATROLS DISTRICT ORGANIZATION HAVE ENTERED PISTOL AND RIFLE TEAMS IN NUMEROUS STATE OR REGIONAL CIVILIAN AND POLICE MATCHES, BUT THAT AN ATTEMPT TO SELECT A TEAM REPRESENTATIVE OF THE ENTIRE SERVICE HAS NOT HERETOFORE BEEN MADE; THAT IT IS DESIRED TO SELECT FROM THE ENTIRE SERVICE, WHEREVER LOCATED, A REPRESENTATIVE TEAM CONSISTING OF ONE TEAM CAPTAIN, TEN PRINCIPALS, AND TWO ALTERNATES TO COMPETE IN THE NATIONAL MATCHES, BUT THAT THE SERVICE DOES NOT CONSIDER ITS APPROPRIATIONS AVAILABLE FOR EXPENSES INCIDENT TO SUCH A PURPOSE; AND THAT THE SERVICE ACCORDINGLY DESIRES, IF POSSIBLE, TO ENTER SUCH A TEAM AS A CIVILIAN TEAM, WITH ALLOWANCES AS CIVILIAN COMPETITORS UNDER THE APPROPRIATION "NATIONAL BOARD FOR PROMOTION OF RIFLE PRACTICE, ARMY.'

THE ACT OF MAY 28, 1928 (45 STAT. 786; U.S.C. 32:181 B), PROVIDES IN PART AS FOLLOWS:

"* * * THE NATIONAL MATCHES CONTEMPLATED IN THIS ACT SHALL CONSIST OF RIFLE AND PISTOL MATCHES FOR THE NATIONAL TROPHY, MEDALS, AND OTHER PRIZES MENTIONED IN SECTION 1 ABOVE, TO BE OPEN TO THE ARMY, NAVY, MARINE CORPS, NATIONAL GUARD, OR ORGANIZED MILITIA OF THE SEVERAL STATES, TERRITORIES, AND DISTRICT OF COLUMBIA, THE RESERVE OFFICERS' TRAINING CORPS, AND THE CITIZENS' MILITARY TRAINING CAMPS, RIFLE CLUBS, AND CIVILIANS, TOGETHER WITH A SMALL-ARMS FIRING SCHOOL TO BE CONNECTED THEREWITH AND COMPETITIONS FOR WHICH TROPHIES AND MEDALS ARE PROVIDED BY THE NATIONAL RIFLE ASSOCIATION OF AMERICA, AND FOR THE COST AND EXPENDITURES REQUIRED FOR AND INCIDENT TO THE CONDUCT OF THE SAME, INCLUDING THE PERSONAL EXPENSES OF THE MEMBERS OF THE NATIONAL BOARD FOR THE PROMOTION OF RIFLE PRACTICE, THE SUM NECESSARY FOR THE ABOVE-NAMED PURPOSES IS HEREBY AUTHORIZED TO BE APPROPRIATED ANNUALLY AS A PART OF THE TOTAL SUM APPROPRIATED FOR NATIONAL DEFENSE: PROVIDED, THAT NO COMPETITOR SHALL BE ENTITLED TO COMMUTATION OF RATIONS IN EXCESS OF $1.50 PER DAY, AND WHEN MEALS ARE FURNISHED NO GREATER EXPENSES THAN THAT SUM PER MAN PER DAY FOR THE PERIOD THE CONTEST IS IN PROGRESS: PROVIDED FURTHER, THAT IN LIEU OF TRAVELING EXPENSE AND COMMUTATION OF RATIONS WHILE TRAVELING THE SUM OF 5 CENTS PER MILE MAY BE PAID TO CIVILIAN COMPETITORS, AND SUCH TRAVEL PAY FOR THE RETURN TRIP MAY BE PAID IN ADVANCE OF THE PERFORMANCE OF THE TRAVEL. * * *.'

FUNDS FOR THE CONDUCT OF THE NATIONAL MATCHES ARE PROVIDED IN ANNUAL WAR DEPARTMENT APPROPRIATION ACTS UNDER THE HEADING "NATIONAL BOARD FOR PROMOTION OF RIFLE PRACTICE, ARMY.'

UNDER THE AUTHORITY OF SECTION 8 OF THE ACT OF JULY 31, 1894 (28 STAT. 208; U.S.C. 31:74), IT IS REQUESTED THAT A DECISION BE RENDERED AT THE EARLIEST PRACTICABLE DATE ON THE FOLLOWING QUESTIONS:

1. MAY THE APPROPRIATION "NATIONAL BOARD FOR PROMOTION OF RIFLE PRACTICE, ARMY" BE CHARGED WITH ALLOWANCES TO MEMBERS OF A RIFLE TEAM COMPOSED OF CIVILIAN OFFICERS AND EMPLOYEES ON LEAVE WITH PAY FROM THE IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF LABOR, AT THE RATES AUTHORIZED FOR CIVILIAN COMPETITORS, AS NOW PAID TO RIFLE TEAMS FROM THE NATIONAL GUARD, RESERVE OFFICERS' TRAINING CORPS, CITIZENS' MILITARY TRAINING CAMPS, ORGANIZED RESERVES, AMERICAN LEGION, ETC., I.E., COMMUTATION OF RATIONS NOT IN EXCESS OF $1.50 PER DAY WHILE IN ATTENDANCE AT THE NATIONAL MATCHES, AND 5 CENTS PER MILE IN LIEU OF TRAVELING EXPENSES AND COMMUTATION OF RATIONS WHILE TRAVELING TO AND FROM THE MATCHES?

2. MAY THE ABOVE APPROPRIATION BE SO CHARGED IF THE MEMBERS OF SUCH A TEAM ARE ON LEAVE WITHOUT PAY FROM THEIR REGULAR EMPLOYMENT?

3. IF ALLOWANCES AT THE ABOVE RATES ARE NOT AUTHORIZED, MAY THE MEMBERS OF SUCH A TEAM RECEIVE ALLOWANCES AT THE RATES NOW AUTHORIZED FOR TEAMS OF THE REGULAR ARMY, I.E., EITHER MILEAGE AT RATES ALLOWED TO OFFICERS FROM PLACE OF TRYOUT TO CAMP PERRY, OHIO, AND RETURN TO HOME STATIONS, OR $1.50 PER DAY FOR SUBSISTENCE, PLUS ACTUAL TRANSPORTATION, FROM PLACE OF TRYOUT TO CAMP PERRY, OHIO, AND RETURN TO HOME STATIONS AND $1.20 PER DAY DURING THE NATIONAL MATCHES, AS ALLOWED TO ENLISTED MEN?

THE ACT OF APRIL 9, 1935, 49 STAT. 144, MAKING APPROPRIATIONS FOR THE MILITARY AND NONMILITARY ACTIVITIES OF THE WAR DEPARTMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1936, UNDER THE HEADING ,NATIONAL BOARD FOR PROMOTION OF RIFLE PRACTICE, ARMY," PROVIDES:

* * * FOR THE CONDUCT OF THE NATIONAL MATCHES, INCLUDING INCIDENTAL TRAVEL, AND FOR MAINTENANCE OF THE NATIONAL BOARD FOR THE PROMOTION OF RIFLE PRACTICE, INCLUDING NOT TO EXCEED $7,500 FOR ITS INCIDENTAL EXPENSES AS AUTHORIZED BY ACT OF MAY 28, 1928: TO BE EXPENDED UNDER THE DIRECTION OF THE SECRETARY OF WAR, $491,054.

THERE IS ALSO A PROVISO UNDER "ARMS, UNIFORMS, EQUIPMENT, AND SO FORTH, FOR FIELD SERVICE, NATIONAL GUARD" IN THE APPROPRIATION ACT FOR 1936, AS FOLLOWS:

* * * THAT OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN OF THE NATIONAL GUARD AND ORGANIZED RESERVES, WHO, UNDER REGULATIONS PRESCRIBED BY THE SECRETARY OF WAR, VOLUNTEER TO PARTICIPATE WITHOUT PAY AS COMPETITORS IN THE NATIONAL RIFLE MATCHES TO BE HELD DURING THE FISCAL YEAR 1936, MAY ATTEND SUCH MATCHES WITHOUT PAY, NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, BUT SHALL BE ENTITLED TO TRAVEL AND SUBSISTENCE ALLOWANCES AT THE SAME RATES AS ARE PROVIDED FOR CIVILIANS WHO ATTEND AND PARTICIPATE IN SAID MATCHES.

IT APPEARS THAT THE IMMIGRATION BORDER PATROL IS AN AUXILIARY BRANCH OF THE REGULAR IMMIGRATION SERVICE, ESTABLISHED PRIMARILY TO PREVENT AND DETECT THE SURREPTITIOUS ENTRY OF ALIENS INTO THE UNITED STATES. THE MEMBERS OF SUCH PATROL ARE CIVILIAN EMPLOYEES OF THE DEPARTMENT OF LABOR. IT IS PROPOSED TO SELECT A TEAM, UNDERSTOOD TO CONSIST OF 13 MEMBERS, FROM THIS BRANCH OF THE SERVICE, AND PAY THEIR TRAVEL ALLOWANCE FROM THEIR RESPECTIVE DUTY STATIONS TO THE NATIONAL MATCHES AND RETURN, AND COMMUTATION OF RATIONS WHILE PARTICIPATING IN THE NATIONAL MATCHES, ON THE BASIS OF CIVILIAN COMPETITORS.

THE ACT OF MAY 28, 1928, AUTHORIZES THE PARTICIPATION OF CIVILIANS IN THE NATIONAL MATCHES, BUT IT WOULD APPEAR THAT ONLY A PART OF THE INDIVIDUAL MEMBERS OF CIVILIAN TEAMS AUTHORIZED TO PARTICIPATE, ATTEND AT FEDERAL EXPENSE. (SEE HEARINGS W.D. BILL 1936, PAGE 519-520.) THE APPROPRIATION IS TO BE EXPENDED UNDER THE DIRECTION OF THE SECRETARY OF WAR, AND THE SELECTION OF TEAMS FOR PARTICIPATION AT THE MATCHES AT FEDERAL EXPENSE IS LARGELY A MATTER TO BE FIXED BY REGULATIONS OF THE WAR DEPARTMENT. IT IS UNDERSTOOD THAT RULES AND REGULATIONS FOR THE NATIONAL MATCHES, 1935, HAVE NOT YET BEEN PROMULGATED. SHOULD PROVISION BE MADE IN SUCH REGULATIONS, IF AND WHEN PROMULGATED, FOR THE PARTICIPATION OF A CIVILIAN TEAM TO BE SELECTED FROM THE MEMBERS OF THE IMMIGRATION BORDER PATROL, THERE IS PERCEIVED NO REASON WHY PAYMENT OF TRAVEL ALLOWANCE AND COMMUTATION OF RATIONS TO THE MEMBERS COMPOSING SUCH CIVILIAN TEAM MAY NOT BE PAID UNDER THE APPROPRIATION "NATIONAL BOARD FOR PROMOTION OF RIFLE PRACTICE, ARMY," PROVIDED SUFFICIENT FUNDS ARE AVAILABLE THEREFORE. ACCORDINGLY, YOUR QUESTIONS 1 AND 2 ARE ANSWERED IN THE AFFIRMATIVE, AND QUESTION 3 IN THE NEGATIVE.