A-99559, DECEMBER 2, 1938, 18 COMP. GEN. 492

A-99559: Dec 2, 1938

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OR AS AFFECTING THE RIGHTS OF FEDERAL EMPLOYEES WHICH OTHERWISE ARE FOR ADJUSTMENT IN ACCORDANCE WITH THE ACT OF MARCH 19. "THAT THE TIME SHALL BE THE UNITED STATES STANDARD TIME OF THE ZONE WITHIN WHICH THE ACT IS TO BE PERFORMED.'. MUST BE CONSIDERED AND COMPUTED ON THE BASIS OF THE UNITED STATES STANDARD TIME OF THE ZONE WITHIN WHICH THE ACT WAS PERFORMED AND NOT ON THE BASIS OF THE DAYLIGHT SAVING TIME INVOLVED. AS FOLLOWS: REFERENCE IS MADE TO A NOTICE OF EXCEPTION ON VOUCHER NO. 7456 IN THE ACCOUNTS OF CECIL M. FOR THE REASON THAT THE BOAT ON WHICH HE DEPARTED WAS SCHEDULED TO SAIL AT NOON ON SEPTEMBER 23. THAT IT HAS PREVIOUSLY BEEN HELD IN CONNECTION WITH THE TRAVEL OF A GOVERNMENT EMPLOYEE FROM WASHINGTON TO PARIS IN OCTOBER 1935 THAT STANDARD TIME IS THE ONLY TIME TO BE CONSIDERED IN THE SAILING OF SHIPS AND THAT ANY LOCAL DAYLIGHT-SAVING HOURS ARE TO BE IGNORED.

A-99559, DECEMBER 2, 1938, 18 COMP. GEN. 492

TIME - STANDARD V. DAYLIGHT SAVING - OFFICERS AND EMPLOYEES EXCHANGE RELIEF, ETC. LOCAL ENACTMENTS OR CUSTOMS, NOT IN HARMONY WITH THE EXPRESS TERMS OF A STATUTE, MAY NOT BE CONSIDERED AS CHANGING THE TERMS OF THE STATUTE, OR AS AFFECTING THE RIGHTS OF FEDERAL EMPLOYEES WHICH OTHERWISE ARE FOR ADJUSTMENT IN ACCORDANCE WITH THE ACT OF MARCH 19, 1918, 40 STAT. 451, DIRECTING, FOR THE PURPOSES ENUMERATED THEREIN,"THAT THE TIME SHALL BE THE UNITED STATES STANDARD TIME OF THE ZONE WITHIN WHICH THE ACT IS TO BE PERFORMED.' THE TIME OF COMMENCEMENT OF TRAVEL, OR OF THE STATUS ENTITLING A FOREIGN SERVICE OFFICER TO EXCHANGE RELIEF, MUST BE CONSIDERED AND COMPUTED ON THE BASIS OF THE UNITED STATES STANDARD TIME OF THE ZONE WITHIN WHICH THE ACT WAS PERFORMED AND NOT ON THE BASIS OF THE DAYLIGHT SAVING TIME INVOLVED.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF STATE, DECEMBER 2, 1938:

THERE HAS BEEN CONSIDERED YOUR LETTER OF OCTOBER 26, 1938, AS FOLLOWS:

REFERENCE IS MADE TO A NOTICE OF EXCEPTION ON VOUCHER NO. 7456 IN THE ACCOUNTS OF CECIL M. P. CROSS, DISTRICT ACCOUNTING AND DISBURSING OFFICER AT PARIS, FRANCE, FOR THE MONTH OF OCTOBER 1936, WITHHOLDING CREDIT IN ACCORDANCE WITH 7 COMP. GEN. 834 FOR A PAYMENT IN THE AMOUNT OF $10.58 MADE TO THE HONORABLE DAVE H. MORRIS ON ACCOUNT OF EXCHANGE RELIEF, FOR THE REASON THAT THE BOAT ON WHICH HE DEPARTED WAS SCHEDULED TO SAIL AT NOON ON SEPTEMBER 23, 1936, DAYLIGHT-SAVING TIME.

IN THIS CONNECTION THE DEPARTMENT HAS BEEN ADVISED BY CECIL M. P. CROSS, DISTRICT ACCOUNTING AND DISBURSING OFFICER AT PARIS, THAT IT HAS PREVIOUSLY BEEN HELD IN CONNECTION WITH THE TRAVEL OF A GOVERNMENT EMPLOYEE FROM WASHINGTON TO PARIS IN OCTOBER 1935 THAT STANDARD TIME IS THE ONLY TIME TO BE CONSIDERED IN THE SAILING OF SHIPS AND THAT ANY LOCAL DAYLIGHT-SAVING HOURS ARE TO BE IGNORED.

THIS INFORMATION IS HOWEVER FRAGMENTARY AND RELATES TO A PARTICULAR CASE, AND ACCORDINGLY IT WILL BE MUCH APPRECIATED IF YOU WILL ADVISE FOR THE FUTURE ADMINISTRATION OF THIS FUND WHICH TIME SHOULD BE CONSIDERED IN CONNECTION WITH THE COMPUTATION OF PER DIEM AND FOREIGN SERVICE PAY ADJUSTMENTS DUE TO THE APPRECIATION OF FOREIGN CURRENCIES.

THE ACT OF MARCH 19, 1918, 40 STAT. 451, PROVIDES:

* * * IN ALL STATUTES, ORDERS, RULES, AND REGULATIONS RELATING TO THE TIME OF PERFORMANCE OF ANY ACT BY ANY OFFICER OR DEPARTMENT OF THE UNITED STATES, WHETHER IN THE LEGISLATIVE, EXECUTIVE, OR JUDICIAL BRANCHES OF THE GOVERNMENT, OR RELATING TO THE TIME WITHIN WHICH ANY RIGHT SHALL ACCRUE OR DETERMINE, OR WITHIN WHICH ANY ACT SHALL OR SHALL NOT BE PERFORMED BY ANY PERSON SUBJECT TO THE JURISDICTION OF THE UNITED STATES, IT SHALL BE UNDERSTOOD AND INTENDED THAT THE TIME SHALL BE PERFORMED BY ANY PERSON SUBJECT TO THE JURISDICTION OF THE UNITED STATES, IT SHALL BE UNDERSTOOD AND INTENDED THAT THE TIME SHALL BE THE UNITED STATES STANDARD TIME OF THE ZONE WITHIN WHICH THE ACT IS TO BE PERFORMED.

THE LANGUAGE OF THIS PROVISION OF LAW IS SO CLEAR AND UNAMBIGUOUS THAT ITS PLAIN TERMS PERMIT OF NO INTERPRETATION OR CONSTRUCTION. LOCAL ENACTMENTS OR CUSTOMS, NOT IN HARMONY WITH THE EXPRESS TERMS OF A STATUTE, MAY NOT BE CONSIDERED AS CHANGING THE TERMS OF SUCH STATUTE OR AS AFFECTING THE RIGHTS OF FEDERAL EMPLOYEES WHICH OTHERWISE ARE FOR ADJUSTMENT IN ACCORDANCE WITH THE PROVISIONS OF THE QUOTED STATUTE. THE INSTANT CASE THE TIME OF THE COMMENCEMENT OF THE TRAVEL OR OF THE STATUS ENTITLING THE OFFICER TO THE EXCHANGE RELIEF INVOLVED MUST BE CONSIDERED AND COMPUTED ON THE BASIS OF THE UNITED STATES STANDARD TIME OF THE ZONE WITHIN WHICH THE ACT WAS PERFORMED. HENCE, THE TIME OF SAILING-- - THE COMMENCEMENT OF THE STATUS--- WILL BE REGARDED AS 11 A.M., EASTERN STANDARD TIME, AND CREDIT WILL BE ALLOWED ACCORDINGLY.