UNIFORM TIME LEGISLATION

MONDAY, APRIL 29, 1963

U.S. SENATE,

COMMITTEE ON COMMERCE,

Washington, D.C. The committee met, pursuant to notice, at 10 a.m., in room 5110, New Senate Office Building, Hon. Gale W. McGee presiding.

Senator MCGEE. This morning the committee will begin hearings on the problem of clock confusion and on the need for improved time uniformity throughout the United States.

I hope that members of the committee, witnesses, and spectators have solved their own weekend problems of clock confusion and maybe after the added adjustment during the night, we are ready to go ahead this morning on eastern daylight saving time, or on what might hereafter be called Atlantic standard time.

Pending before the committee are three bills designed to modernize the 45-year-old Standard Time Act, and achieve a more uniform and rational system of time. One is S. 1033, introduced by Chairman Magnuson, at the request of the Interstate Commerce Commission. Another is S. 1195, introduced by Senator Cotton, the ranking minority member of the committee.

And over the weekend, Senator Robertson introduced in the Senate another proposal aimed at making our time practices more uniform. His bill, S. 1394 would establish daylight time uniformly throughout the United States during the months of June, July, and August of each year and would prevent States or their political subdivisions from prescribing any time standards in conflict with the Federal provision. The committee, of course, welcomes Senator Robertson's interest in the solution of the time confusion and his bill will be considered by the committee, along with the other two just mentioned.

The bills and related materials will be inserted in the record at this point. (The bills follow :)

[S. 1033, 88th Cong., 1st sess.]

A BILL To establish a uniform system of time standards and measurement for the United States and to require the observance of such time standards for all purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as "The Standard Time Act of 1963".

SEC. 2. As used in this Act

(a) The term "agency" means the agency, commission, or department designated by Congress to administer the provisions of this Act.

Staff assigned to this hearing: Jeremiah J. Kenney, Jr.

(b) The term "person" means any individual, firm, copartnership, corporation, company, association, or joint-stock association; and includes any trustee, receiver, assignee, or personal representative thereof.

SEC. 3. This Act shall take effect at 2 o'clock antemeridian on the Sunday following the sixtieth day after the date of its enactment.

SEC. 4. For the purpose of establishing a uniform system of time and to fix the standard of time measurement for the United States, including the States of Alaska and Hawaii, the territory of the United States shall be divided into eight zones in the manner provided in this Act.

SEC. 5. The general zone system of standard time, under which the local standard time is determined in relation to the mean astronomical time of one of the twenty-four-hour meridians occurring every fifteenth degree of longitude west or east from Greenwich, England, is hereby recognized and adopted so far as applicable to the territory of the United States.

SEC. 6. The standard time based on the mean astronomical time of the sixtieth degree of longitude west from Greenwich shall be known and designated as United States Atlantic standard time; that of the seventy-fifth degree as United States eastern standard time; that of the ninetieth degree as United States central standard time; that of the one hundred and fifth degree as United States mountain standard time; that of the one hundred and twentieth degree as United States Pacific standard time; that of the one hundred and thirty-fifth degree as United States Yukon standard time; that of the one hundred and fiftieth degree as United States Alaska-Hawaii standard time; and that of the one hundred and sixty-fifth degree as United States Bering standard time.

SEC. 7. The limits of each zone shall be defined by an order of the agency and may be modified from time to time: Provided, however, That determinations heretofore made by the Interstate Commerce Commission and in effect on the effective date of this Act shall continue in effect unless and until modified or changed by an appropriate order of the agency: And provided further, That "daylight saving" or other advanced time may continue to be observed, as it has been observed in the past, until the agency has authorized advanced time zones or for one year after the effective date of the Act, whichever comes first.

SEC. 8. In determining the limits of the several zones the agency shall, among other things, consider the appropriateness of the standard of time for the particular areas concerned: Provided, however, That the agency shall not, except as provided in section 9, include in any zone a point or area for which the standard time of the zone would be more than thirty minutes slower or more than one hour faster than local mean astronomical time. So far as practicable, the boundaries of the zones shall be reasonably straight north-south lines, shall be located in sparsely populated areas, and shall follow natural or well-known boundaries. No particular section or group shall be entitled to special consideration, but the line shall be drawn where, in the judgment of the agency, it best promotes the safety, convenience, and welfare of the country as a whole.

SEC. 9. Within each zone, the agency is authorized to define the limits of an advanced-time subzone; and in each year, from 2 o'clock antemeridian on the last Sunday in April until 2 o'clock antemeridian on the last Sunday in October, each advanced-time subzone, as thus defined shall be transferred to and made a part of the zone immediately to the east, and the legal time of such subzone shall be the standard time of the zone into which it is temporarily so transferred: Provided, however, That in determining the limits of any such subzone, the agency shall not in any instance include a point or area for which the standard time of the zone to the east, to which the subzone is temporarily transferred, would be more than one hour and thirty minutes faster than local mean astronomical time: And provided further, That so far as practicable and compatible with such advanced standard of time, the other provisions of this Act be observed.

SEC. 10. In defining or modifying the boundaries between the respective zones or subzones, the agency shall have authority to conduct such hearings and investigations as, in its judgement, are necessary or advisable for the effective administration of this Act; and, in conducting such hearings and investigations, the agency shall have authority to require by compulsory process or otherwise the attendance and testimony of witnesses and the production of all books, papers, records, and documents relating to any matter under investigation.

SEC. 11. The agency shall have authority, subject to the provisions of the civil service laws and the Classification Act of 1949, as amended to appoint such examiners, assistants, and other employees as are necessary in the exercise of its functions under this Act.

SEC. 12. Any person, organization, or body politic may file with the agency a petition seeking the establishment or modification of a boundary of a zone or subzone. After investigation of the merits of the petition, including a public hearing if deemed by the agency to be desirable in the public interest, the agency may deny the petition or may grant such relief as it finds justified in the premises.

SEC. 13. Except as otherwise provided herein or as specifically authorized by the agency hereunder, within the respective zones established under the authority of this Act the standard time of the zone shall be the exclusive time for the transaction of all public business by any agency or department of the United States, or of any State or local government, or by any officer, agent, employee, or representative of such agency or department, and shall be observed by all persons subject to the jurisdiction of the United States in all civil and business relations with the public: Provided, however, That nothing herein shall prevent the use for scientific purposes of standards of time differing from that of the zone, subject to reasonable regulations prescribed by the agency respecting the use of such information so as to protect the public from confusion and inconvenience. The agency may provide other exceptions upon a finding that the safety and convenience of the public will be served thereby. In such instances, the agency shall impose such reasonable conditions as it may deem desirable in the public interest.

SEC. 14. In all statutes, ordinances, orders, rules, and regulations relating to (a) the time of performance of any act by any agency or department of the United States or of any State or local government, or by any officer, agent, employee, or representative of such agency or department; or (b) the time when any right shall mature or terminate; or, (c) the time within which any act shall or shall not be performed, the time specified shall be the standard time of the zone within which the act is to be performed or not performed, or within which the right is to mature or terminate.

SEC. 15. The agency is hereby authorized and required to execute and enforce the provisions of this Act; and, upon the request of the agency, it shall be the duty of any district attorney of the United States to whom the agency may apply to institute in the proper court and to prosecute under the direction of the Attorney General of the United States all necessary proceeding for the enforcement of the provisions of this Act and for the punishment of all violations thereof, and the costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of the courts of the United States.

SEC. 16. Any person knowingly and willfully violating any provision of this Act or any rule, regulation, requirement, or order thereunder shall be deemed guilty of a misdemeanor and upon conviction thereof be subject for each offense to a fine of not more than $500. Each day of such violation shall constitute a separate offense.

SEC. 17. If any person shall fail or refuse to comply with any provision of this Act or any rule, regulation, requirement, or order thereunder, the agency or its duly authorized agent may apply to the district court of the United States for any district in which such offense occurs, or in which the offender is found, for the enforcement of such provision of this Act, or of such rule, regulation, requirement, or order; and such court shall have jurisdiction to enforce obedience thereto by writ of injunction or by other process, mandatory or otherwise, restraining said person, or his or its officers, agents, employees, and representatives from further violation of such provision of this Act or of such rule, regulation, requirement, or order and enjoining upon him or it obedience thereto. SEC. 18. Any person who shall fail or refuse to comply with any provision of this Act or any rule, regulation, requirement, or order thereunder shall forfeit to the United States the sum of $200 for each such offense, and, in the case of a continuing violation, not to exceed $100 for each additional day during which such failure or refusal shall continue. All forfeitures provided for in this section shall be payable into the Treasury of the United States and shall be recoverable in a civil suit by the agency, or its duly authorized agent, brought in the district where such offense occurs or where the offender is found. process in any such case may be served in the judicial district whereof such offender is an inhabitant or wherever he may be found.

All

SEC. 19. Nothing herein shall prevent any State or political subdivision thereof from adopting by statute or local ordinance the standard or standards of time herein provided for the zone or zones (as defined by the orders of the agency) in which such State or subdivision is located, or from enforcing by any lawful