B-66052, MAY 26, 1947, 26 COMP. GEN. 893

B-66052: May 26, 1947

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IS TO BE REGARDED AS LOCATED WITHIN THE COMMONWEALTH OF VIRGINIA. IT APPEARS FROM YOUR LETTER THAT THE THREE TIME RECORDERS ARE TO BE INSTALLED AT THE WASHINGTON NATIONAL AIRPORT IN ORDER TO RECORD THE HOURS OF SERVICE OF THE MAINTENANCE AND CUSTODIAL PERSONNEL ON DUTY AT VARIOUS LOCATIONS AT THE AIRPORT. IT APPEARS FURTHER THAT THE INSTALLATION OF THE RECORDERS HAS BEEN DETERMINED TO BE IN THE BEST INTERESTS OF THE GOVERNMENT ON THE BASIS THAT THEIR USE WILL MATERIALLY INCREASE THE EFFICIENCY OF SUPERVISORS AND RESULT IN SOME INCREASE IN THE AMOUNT OF WORK PERFORMED BY THE EMPLOYEES CONCERNED. WHEREAS THE AIRPORT IS LOCATED ON THE VIRGINIA SIDE OF THE POTOMAC RIVER. WHICH ESTABLISHES THE BOUNDARY BETWEEN THE DISTRICT OF COLUMBIA AND THE COMMONWEALTH OF VIRGINIA AND WHICH WAS RATIFIED BY THE 1946 SESSION OF THE VIRGINIA GENERAL ASSEMBLY.

B-66052, MAY 26, 1947, 26 COMP. GEN. 893

PROHIBITION AGAINST USE OF RECORDING CLOCKS - WASHINGTON NATIONAL AIRPORT THE PROHIBITION IN THE ACT OF FEBRUARY 24, 1899, AGAINST THE USE OF RECORDING CLOCKS IN THE EXECUTIVE DEPARTMENTS IN WASHINGTON, HAS REFERENCE TO THE USE OF SUCH DEVICES IN WASHINGTON, ONLY, AND DOES NOT PRECLUDE THE PURCHASE FROM OTHERWISE AVAILABLE APPROPRIATED FUNDS OF TIME RECORDING CLOCKS FOR USE AT THE WASHINGTON NATIONAL AIRPORT WHICH, BY REASON OF THE ACT OF OCTOBER 31, 1945, AS RATIFIED BY THE VIRGINIA GENERAL ASSEMBLY, ESTABLISHING THE DISTRICT OF COLUMBIA-1VIRGINIA BOUNDARY, IS TO BE REGARDED AS LOCATED WITHIN THE COMMONWEALTH OF VIRGINIA.

COMPTROLLER GENERAL WARREN TO ANN A. POE, DEPARTMENT OF COMMERCE, MAY 26, 1947:

THERE HAS BEEN RECEIVED BY REFERENCE FROM THE OFFICE OF THE GENERAL ACCOUNTS SERVICE, YOUR LETTER OF APRIL 28, 1947, IN WHICH YOU REQUEST AN ADVANCE DECISION AS TO WHETHER YOU PROPERLY MAY CERTIFY FOR PAYMENT A VOUCHER SUBMITTED THEREWITH IN FAVOR OF THE E. C. CUSH CO., IN THE GROSS AMOUNT OF $423, COVERING CLAIM FOR PAYMENT OF THREE TIME RECORDERS FURNISHED THE WASHINGTON NATIONAL AIRPORT UNDER CONTRACT NO. CCANA-121, DATED JANUARY 16, 1947.

IT APPEARS FROM YOUR LETTER THAT THE THREE TIME RECORDERS ARE TO BE INSTALLED AT THE WASHINGTON NATIONAL AIRPORT IN ORDER TO RECORD THE HOURS OF SERVICE OF THE MAINTENANCE AND CUSTODIAL PERSONNEL ON DUTY AT VARIOUS LOCATIONS AT THE AIRPORT. IT APPEARS FURTHER THAT THE INSTALLATION OF THE RECORDERS HAS BEEN DETERMINED TO BE IN THE BEST INTERESTS OF THE GOVERNMENT ON THE BASIS THAT THEIR USE WILL MATERIALLY INCREASE THE EFFICIENCY OF SUPERVISORS AND RESULT IN SOME INCREASE IN THE AMOUNT OF WORK PERFORMED BY THE EMPLOYEES CONCERNED. YOU INDICATE IN YOUR LETTER THAT YOUR DOUBT AS TO WHETHER THE VOUCHER MAY BE CERTIFIED FOR PAYMENT ARISES BY REASON OF THE ACT OF FEBRUARY 24, 1899, 30 STAT. 864, WHICH PROVIDES, IN PERTINENT PART, AS FOLLOWS:

NO MONEY APPROPRIATED BY THIS ACT SHALL BE USED FOR EXPENSE OF REPAIRING RECORDING CLOCKS USED FOR RECORDING TIME OF CLERKS OR OTHER EMPLOYEES IN ANY OF THE EXECUTIVE DEPARTMENTS AT WASHINGTON, NOR SHALL THERE HEREAFTER BE USED IN ANY OF THE EXECUTIVE DEPARTMENTS AT WASHINGTON ANY SUCH RECORDING CLOCKS.

THE ABOVE-QUOTED STATUTORY PROVISIONS APPEAR TO PROHIBIT THE USE OF TIME RECORDING CLOCKS IN THE EXECUTIVE DEPARTMENTS IN WASHINGTON ONLY, WHEREAS THE AIRPORT IS LOCATED ON THE VIRGINIA SIDE OF THE POTOMAC RIVER. THE ACT OF OCTOBER 31, 1945, 59 STAT. 552, WHICH ESTABLISHES THE BOUNDARY BETWEEN THE DISTRICT OF COLUMBIA AND THE COMMONWEALTH OF VIRGINIA AND WHICH WAS RATIFIED BY THE 1946 SESSION OF THE VIRGINIA GENERAL ASSEMBLY, SETS THE BOUNDARY LINE AT THE HIGH-WATER MARK OF THE POTOMAC RIVER ON THE VIRGINIA SIDE AND, UNDER SECTION 101 THEREOF, PROVIDES,"THAT WHENEVER SAID MEAN HIGH-WATER MARK ON THE VIRGINIA SHORE IS ALTERED BY ARTIFICIAL FILLS AND EXCAVATIONS MADE BY THE UNITED STATES, OR BY ALLUVION OR EROSION, THEN THE BOUNDARY SHALL FOLLOW THE NEW MEAN HIGH-WATER MARK ON THE VIRGINIA SHORE AS ALTERED.' IT WOULD SEEM TO FOLLOW THAT, SO FAR AS CONCERNS THE INSTANT MATTER, THE SAID AIRPORT MAY BE REGARDED AS LOCATED WITHIN THE COMMONWEALTH OF VIRGINIA AND, THEREFORE, THAT THE PURCHASE OF TIME RECORDING CLOCKS FOR USE AT SUCH LOCATION IS NOT PROHIBITED BY THE STATUTORY PROVISIONS QUOTED ABOVE. FURTHERMORE, THERE APPEARS TO BE NO LAW SPECIFICALLY PROHIBITING THE USE OF TIME RECORDING CLOCKS AT THE SAID AIRPORT. IN VIEW THEREOF AND SINCE, UNDER THE ACT OF JULY 5, 1946, 60 STAT. 468, THE APPROPRIATION DESIGNATED ON THE VOUCHER COVERING THE PURCHASE OF THE TIME RECORDERS IS AVAILABLE FOR SALARIES AND EXPENSES INCIDENT TO THE CARE, OPERATION, MAINTENANCE, AND PROTECTION OF THE WASHINGTON NATIONAL AIRPORT, THIS OFFICE WILL NOT BE REQUIRED TO OBJECT TO CERTIFICATION OF THE VOUCHER FOR PAYMENT, IF OTHERWISE CORRECT.

THE VOUCHER, TOGETHER WITH ITS ACCOMPANYING PAPERS, IS RETURNED HEREWITH.