B-152692, SEPTEMBER 13, 1966, 46 COMP. GEN. 213

B-152692, SEPTEMBER 13, 1966, 46 COMP. GEN. 213

TIME - DAYLIGHT SAVING V. STANDARD - UNIFORM TIME ACT OF 1966 - EFFECTIVE DATE A VOUCHER PREPARED TO SHOW THE DEPARTURE OF AN EMPLOYEE FROM VANCOUVER, WASHINGTON, AT 5 A.M. PACIFIC STANDARD TIME AND RETURN AT 3:15 P.M. THE FOLLOWING DAY MAY BE CERTIFIED FOR 1 3/4 DAYS PER DIEM WITHOUT CORRECTION TO SHOW ADVANCED STANDARD TIME, THE UNIFORM TIME ACT OF 1966, PRESCRIBING APRIL 1, 1967 FOR THE UNIFORM ADOPTION OF DAYLIGHT TIME, NOT PURPORTING TO ESTABLISH IN 1966 THE DAYLIGHT SAVING TIME USED IN SOME AREAS AS STANDARD TIME, AND PACIFIC STANDARD TIME LAWFUL IN THE STATE OF WASHINGTON DURING 1966, SECTION 6.9A OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS CONTROLS THE PAYMENT, THE SECTION PROVIDING THAT WHEN ABSENCES FROM AN OFFICIAL STATION ARE IN EXCESS OF 24 HOURS, STANDARD TIME PREVAILS EVEN THOUGH DAYLIGHT SAVING TIME IS IN EFFECT AT THE PLACE WHERE OFFICIAL TRAVEL BEGINS AND ENDS.

TO J. E. PERRY, UNITED STATES DEPARTMENT OF THE INTERIOR, SEPTEMBER 13, 1966:

ON AUGUST 5, 1966, YOU REQUESTED OUR DECISION WHETHER A TRAVEL VOUCHER FOR $21 PER DIEM FOR MR. RAYMOND GILCHRIST MAY BE CERTIFIED FOR PAYMENT.

THE VOUCHER IS FOR TRAVEL FROM VANCOUVER, WASHINGTON, AT 5 A.M. PACIFIC STANDARD TIME AND RETURN AT 3:15 P.M. THE FOLLOWING DAY. SINCE THE STATE OF WASHINGTON HAS ADOPTED STATEWIDE DAYLIGHT SAVING TIME, BY WHICH MR. GILCHRIST'S DEPARTURE TIME WAS 6 A.M; YOU ASK WHETHER, IN VIEW OF THE UNIFORM TIME ACT OF 1966, PUBLIC LAW 89-387, 80 STAT. 107, 15 U.S.C. 260 NOTE, THE VOUCHER MAY BE CERTIFIED FOR PAYMENT WITHOUT ITS BEING CORRECTED TO SHOW ADVANCED STANDARD TIME.

AS YOU NOTE, SECTION 6.9A OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDES IN PART:

* * * THERE IS A STATUTORY REQUIREMENT THAT STANDARD TIME MUST BE USED IN ANY CASE WHERE AN EMPLOYEE'S RIGHTS ARE AFFECTED, EVEN THOUGH DAYLIGHT SAVING TIME MAY BE IN EFFECT (15 U.S.C. 262). ACCORDINGLY, FOR ABSENCES FROM OFFICIAL STATIONS OF MORE THAN 24 HOURS, STANDARD TIME WILL BE USED EVEN THOUGH DAYLIGHT SAVING TIME IS IN EFFECT AT THE PLACE WHERE OFFICIAL TRAVEL BEGINS AND ENDS. * * *

SECTION 3/A) OF THE UNIFORM TIME ACT OF 1966, PUBLIC LAW 89-387, 80 STAT. 107, 15 U.S.C. 260A, PROVIDES IN PART:

DURING THE PERIOD COMMENCING AT 2 O-CLOCK ANTEMERIDIAN ON THE LAST SUNDAY OF APRIL OF EACH YEAR AND ENDING AT 2 O-CLOCK ANTEMERIDIAN ON THE LAST SUNDAY OF OCTOBER OF EACH YEAR, THE STANDARD TIME OF EACH ZONE ESTABLISHED BY THE ACT OF MARCH 19, 1918 (15 U.S.C. 261-264), AS MODIFIED BY THE ACT OF MARCH 4, 1921 (15 U.S.C. 265), SHALL BE ADVANCED ONE HOUR AND SUCH TIME AS SO ADVANCED SHALL FOR THE PURPOSES OF SUCH ACT OF MARCH 19, 1918, AS SO MODIFIED, BE THE STANDARD TIME OF SUCH ZONE DURING SUCH PERIOD * * (ITALICS SUPPLIED.)

SECTION 6 OF THE UNIFORM TIME ACT OF 1966, 80 STAT. 108, 15 U.S.C. 260NOTE, PROVIDES THAT:

THIS ACT SHALL TAKE EFFECT ON APRIL 1, 1967; EXCEPT THAT IF ANY STATE, THE DISTRICT OF COLUMBIA, THE COMMONWEALTH OF PUERTO RICO, OR ANY POSSESSION OF THE UNITED STATES, OR ANY POLITICAL SUBDIVISION THEREOF, OBSERVES DAYLIGHT SAVING TIME IN THE YEAR 1966, SUCH TIME SHALL ADVANCE THE STANDARD TIME OTHERWISE APPLICABLE IN SUCH PLACE BY ONE HOUR AND SHALL COMMENCE AT 2 O-CLOCK ANTEMERIDIAN ON THE LAST SUNDAY IN APRIL OF THE YEAR 1966 AND SHALL END AT 2 O-CLOCK ANTEMERIDIAN ON THE LAST SUNDAY IN OCTOBER OF THE YEAR 1966. (ITALICS SUPPLIED.)

SECTION 3/A) OF THE ACT SPECIFIES THAT THE TIME ADVANCED AS PROVIDED THEREIN SHALL, FOR THE PURPOSES OF THE ACT OF MARCH 19, 1918, AS MODIFIED, BE THE STANDARD TIME OF THE ZONE. SECTION 6, HOWEVER, DOES NOT PURPORT TO ESTABLISH IN 1966 THE DAYLIGHT SAVING TIME USED IN NUMEROUS STATES AND COMMUNITIES AS THE STANDARD TIME OF SUCH AREAS. RATHER, SECTION 6 IS TO BE REGARDED AS INTERIM LEGISLATION DESIGNED TO ACHIEVE, IN LINE WITH THE MAIN THRUST OF THE LAW AND TO THE EXTENT POSSIBLE IN 1966, UNIFORMITY IN THOSE JURISDICTIONS WHICH PRIOR TO APRIL 1, 1967, ELECT TO USE DAYLIGHT SAVING TIME. IT PRESCRIBES UNIFORM BEGINNING AND ENDING DATES AND TIMES, AND IT PROVIDES THAT 1 HOUR ONLY SHALL BE THE DEGREE OF CHANGE FROM STANDARD TIME. THE LAW, HOWEVER, AS STATED ABOVE, DOES NOT PROVIDE THAT DAYLIGHT SAVING TIME IN 1966 SHALL BE THE STANDARD TIME OF THE AREA OR ZONE CONCERNED. IT FOLLOWS THAT PACIFIC STANDARD TIME AS DISTINGUISHED FROM DAYLIGHT SAVING TIME STILL IS LAWFUL IN THE STATE OF WASHINGTON AND THAT SECTION 6.9A OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS STILL IS CONTROLLING.

THEREFORE, THE VOUCHER WHICH IS RETURNED HEREWITH, IF OTHERWISE CORRECT, MAY BE CERTIFIED FOR PAYMENT OF 1 3/4 DAYS PER DIEM AS CLAIMED.