B-93570, APRIL 21, 1950, 29 COMP. GEN. 419

B-93570, APRIL 21, 1950, 29 COMP. GEN. 419

APPROPRIATIONS - AVAILABILITY - ITEMS NECESSARY IN ENFORCEMENT OF THE IMMIGRATION LAWS THE PURCHASE, INSTALLATION, AND MAINTENANCE OF LIGHTS, WARNING DEVICES, AND OBSERVATION TOWERS ALONG A BOUNDARY FENCE BETWEEN THE UNITED STATES AND MEXICO BEING NECESSARY IN THE ENFORCEMENT OF THE IMMIGRATION LAWS, THE APPROPRIATION " SALARIES AND EXPENSES, IMMIGRATION AND NATURALIZATION SERVICE, 1950" MAY BE REGARDED AS AVAILABLE FOR SUCH PURPOSE, THERE NOT BEING FOUND ANY OTHER APPROPRIATION MAKING MORE SPECIFIC PROVISION FOR SUCH EXPENDITURES. WHERE AN APPROPRIATION IS MADE FOR A PARTICULAR OBJECT, BY IMPLICATION IT CONFERS AUTHORITY TO INCUR EXPENSES WHICH ARE NECESSARY OR INCIDENT TO THE PROPER EXECUTION OF THE OBJECT UNLESS THERE IS ANOTHER APPROPRIATION WHICH MAKES MORE SPECIFIC PROVISION FOR SUCH EXPENDITURES, OR UNLESS SUCH EXPENDITURES ARE PROHIBITED BY LAW.

ACTING COMPTROLLER GENERAL YATES TO THE ATTORNEY GENERAL, APRIL 21, 1950:

REFERENCE IS MADE TO LETTER OF MARCH 7, 1950, FROM THE ASSISTANT TO THE ATTORNEY GENERAL, REQUESTING DECISION AS TO WHETHER THE APPROPRIATION " SALARIES AND EXPENSES, IMMIGRATION AND NATURALIZATION SERVICE 1950" IS AVAILABLE FOR THE PURCHASE AND INSTALLATION OF LIGHTS AND AUTOMATIC WARNING DEVICES AND THE ERECTION OF OBSERVATION TOWERS ADJACENT TO CERTAIN BOUNDARY FENCE BETWEEN THE UNITED STATES AND MEXICO.

IN THE SAID LETTER IT IS STATED:

"AS AN AID TO DEMARKING THE INTERNATIONAL BOUNDARY AND TO THE IMMIGRATION AND NATURALIZATION SERVICE, THE BUREAU OF ANIMAL INDUSTRY OF THE DEPARTMENT OF AGRICULTURE AND THE BUREAU OF CUSTOMS IN MAINTAINING THEIR CONTROLS AT THE BORDER THE UNITED STATES SECTION OF THE INTERNATIONAL BOUNDARY AND WATER COMMISSION ERECTED DURING THE CALENDAR YEAR 1949 SOME 5.6 MILES OF CHAIN LINK FENCE AT CALEXICO, CALIFORNIA. THIS FENCE WAS CONSTRUCTED UNDER AUTHORITY OF THE ACT OF AUGUST 19, 1935 (49 STAT. 660) PROVIDING IN PART AS FOLLOWS: "THE SECRETARY OF STATE, ACTING THROUGH THE AMERICAN COMMISSIONER, INTERNATIONAL BOUNDARY COMMISSION, UNITED STATES AND MEXICO, IS * * * AUTHORIZED TO CONDUCT TECHNICAL AND OTHER INVESTIGATIONS RELATING TO THE * * * FENCING * * * OF THE LAND AND WATER BOUNDARY BETWEEN THE UNITED STATES AND MEXICO * * * AND TO CONSTRUCT AND MAINTAIN FENCES, MONUMENTS, AND OTHER DEMARCATIONS BETWEEN THE BOUNDARY OF THE UNITED STATES AND MEXICO * * *.'

IN ITS RECOMMENDATION TO THE INTERNATIONAL BOUNDARY AND WATER COMMISSION THE IMMIGRATION AND NATURALIZATION SERVICE URGED THAT FENCE LIGHTING AND AUTOMATIC WARNING DEVICES BE PROVIDED SO THAT PATROL OFFICERS COULD PREVENT HOLES BEING CUT IN THE FENCE AT NIGHT BY PERSONS SEEKING ILLEGALLY TO ENTER THE UNITED STATES. IN THAT CONNECTION THE DEPARTMENT OF STATE ADVISED AS FOLLOWS:

"THE CONTRACT WHICH HAS BEEN LET BY THE UNITED STATES SECTION FOR THE CONSTRUCTION OF FENCE AT CALEXICO DOES NOT INCLUDE ANY PROVISION FOR THE LIGHTING OF THIS FENCE OR FOR ANY WARNING DEVICE WHICH MIGHT BE SUITABLE FOR ATTACHMENT TO THE FENCE. WHILE THE UNITED STATES SECTION, UNDER THE AUTHORITY OF THE ACT OF AUGUST 19, 1935, AS AMENDED, (22 U.S.C. SEC. 277A), IS AUTHORIZED TO CONSTRUCT AND MAINTAIN FENCES,MONUMENTS AND OTHER DEMARCATIONS OF THE INTERNATIONAL BOUNDARY LINE, THE DEPARTMENT OF STATE IS OF THE VIEW THAT THE PROVISION OF LIGHTING OF THE FENCE IS BEYOND THE JURISDICTION OF THE UNITED STATES SECTION.'

IT IS STATED FURTHER THAT THE SAID FENCE WAS COMPLETED ABOUT OCTOBER 1, 1949, AND HAS BEEN CUT OR OTHERWISE DAMAGED ELEVEN TIMES SINCE THAT DATE; THAT ONE PRIMARY PURPOSE OF THE FENCE IS TO STOP ILLEGAL ENTRY OF ALIENS AND TO REQUIRE THEM TO ENTER AND DEPART AT ESTABLISHED PORTS OF ENTRY; AND, IN SUBSTANCE, THAT LIGHTS, WARNING DEVICES, AND OBSERVATION TOWERS SUCH AS CONTEMPLATED ARE NECESSARY IN THE ENFORCEMENT OF THE IMMIGRATION LAWS.

THE SAID APPROPRIATION " SALARIES AND EXPENSES, IMMIGRATION AND NATURALIZATION SERVICE, 1950" CONTAINED IN THE DEPARTMENT OF JUSTICE APPROPRIATION ACT, 1950 (PAGE 14 OF PUBLIC LAW 179, 81ST CONGRESS, APPROVED JULY 20, 1949), 63 STAT. 459, PROVIDES IN PERTINENT PART:

FOR EXPENSES, NOT OTHERWISE PROVIDED FOR, NECESSARY FOR THE ADMINISTRATION AND ENFORCEMENT OF THE LAWS RELATING TO IMMIGRATION, NATURALIZATION, AND ALIEN REGISTRATION; * * * CARE, DETENTION, MAINTENANCE, TRANSPORTATION, AND OTHER EXPENSES INCIDENT TO THE DEPORTATION, REMOVAL, AND EXCLUSION OF ALIENS IN THE UNITED STATES AND TO, THROUGH, OR IN FOREIGN COUNTRIES * * *.

THE APPROPRIATION FOR THE INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO, CONTAINED IN THE DEPARTMENT OF STATE APPROPRIATION ACT, 1950 (PAGE 5 OF PUBLIC LAW 179, ABOVE REFERRED TO), 63 STAT. 451, PROVIDES:

FOR EXPENSES NECESSARY TO ENABLE THE UNITED STATES * * * TO COMPLY WITH THE ACT APPROVED AUGUST 19, 1935, AS AMENDED (22 U.S.C. 277 277D), INCLUDING OPERATION AND MAINTENANCE OF THE RIO GRANDE RECTIFICATION, CANALIZATION, FLOOD CONTROL, BANK PROTECTION, BOUNDARY FENCE, AND SANITATION PROJECTS * * *.

IT IS A SETTLED RULE THAT, WHERE AN APPROPRIATION IS MADE FOR A PARTICULAR OBJECT, BY IMPLICATION IT CONFERS AUTHORITY TO INCUR EXPENSES WHICH ARE NECESSARY OR PROPER OR INCIDENT TO THE PROPER EXECUTION OF THE OBJECT UNLESS THERE IS ANOTHER APPROPRIATION WHICH MAKES MORE SPECIFIC PROVISION FOR SUCH EXPENDITURES, OR UNLESS THEY ARE PROHIBITED BY LAW. SEE 6 COMP. GEN. 621; 17 ID. 636.

IN VIEW OF THE FOREGOING, THIS OFFICE WILL NOT BE REQUIRED TO OBJECT TO USE OF THE APPROPRIATION " SALARIES AND EXPENSES, IMMIGRATION AND NATURALIZATION SERVICE, 1950" FOR THE PURCHASE, INSTALLATION, AND MAINTENANCE OF LIGHTS, WARNING DEVICES, AND OBSERVATION TOWERS SUCH AS REFERRED TO IN THE LETTER OF MARCH 7, 1950, IT HAVING BEEN ADMINISTRATIVELY DETERMINED THAT SUCH EXPENDITURES ARE NECESSARY IN THE ENFORCEMENT OF THE IMMIGRATION LAWS, THERE NOT BEING FOUND ANY OTHER APPROPRIATION MAKING MORE SPECIFIC PROVISION FOR SUCH EXPENDITURES, AND THERE APPEARING TO BE NO OTHER BASIS FOR HOLDING THE EXPENDITURES UNAUTHORIZED UNDER THE RULE ABOVE STATED. 27 COMP. GEN. 516; ID. 746.