[House Report 109-390]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 109-390
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COMPENSATORY TIME OFF FOR TRAVEL BY DEPARTMENT OF JUSTICE ATTORNEYS
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March 14, 2006.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
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Mr. Tom Davis of Virginia, from the Committee on Government Reform,
submitted the following
R E P O R T
[To accompany H.R. 4057]
[Including cost estimate of the Congressional Budget Office]
The Committee on Government Reform, to whom was referred the
bill (H.R. 4057) to provide that attorneys employed by the
Department of Justice shall be eligible for compensatory time
off for travel under section 5550b of title 5, United States
Code, having considered the same, report favorably thereon
without amendment and recommend that the bill do pass.
CONTENTS
Page
Committee Statement and Views.................................... 2
Section-by-Section............................................... 2
Explanation of Amendments........................................ 2
Committee Consideration.......................................... 2
Roll Call Votes.................................................. 3
Application of Law to the Legislative Branch..................... 3
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 3
Statement of General Performance Goals and Objectives............ 3
Constitutional Authority Statement............................... 3
Federal Advisory Committee Act................................... 3
Unfunded Mandate Statement....................................... 3
Committee Estimate............................................... 3
Budget Authority and Congressional Budget Office Cost Estimate... 4
Changes in Existing Law Made by the Bill as Reported............. 4
COMMITTEE STATEMENT AND VIEWS
Purpose and summary
H.R. 4057 would amend Section 5550b of title 5, U.S. Code,
to extend compensatory time off for travel to attorneys in the
Department of Justice.
Background and need for legislation
Section 203 of the Federal Workforce Flexibility Act of
2004 (Pub. L. 108-411, October 30, 2004) amended title 5, U.S.
Code, by creating a new Sec. 5550b. Section 5550b requires an
employing agency to grant an employee compensatory time off for
time spent in travel status away from his or her official duty
station, if the time is not otherwise compensable. An employee
whose travel time is credited as compensatory time off is not
entitled to pay for those hours.
When the Federal Workforce Flexibility Act of 2004 was
enacted, it was understood that Sec. 5550b of title 5, U.S.
Code, would apply to all Federal employees in Executive branch
agencies. However, after the Federal Workforce Flexibility Act
of 2004 became law, the Department of Justice stated the view
that Pub. L. 106-113, div. B, Sec. 1000(a)(1) [title I, Sec.
115], Nov. 29, 1999, 113 Stat. 1535, 1501A-21, and Pub. L. 106-
553, Sec. 1(a)(2) [title I, Sec. 111], Dec. 21, 2000, 114 Stat.
2762, 2762A-68 (set out as a note under 5 U.S.C. Sec. 5541),
prevented the Department from applying Sec. 5550b to any
individual employed as an attorney, including an Assistant
United States Attorney, in the Department of Justice. H.R. 4057
would remove any ambiguity regarding the application of Sec.
5550b of title 5, U.S. Code, to an individual employed as an
attorney with the Department of Justice.
Legislative history
H.R. 4057 was introduced on October 17, 2005 by
Representative Jon Porter and referred to the Committee on
Government Reform. On October 20, 2005, the Committee on
Government Reform held a consideration and markup hearing and
the bill was reported favorably by voice vote.
SECTION-BY-SECTION
Sec. 1. Compensatory time off for travel
Subsection (a) allows attorneys, including assistant U.S.
attorneys, employed with the Department of Justice to receive
compensatory time for travel under the provisions of section
5550b of title, U.S. Code, without regard to the provisions of
Pub. L. 106-113, div. B, Sec. 1000(a)(1) [title I, Sec. 115]
and Pub. L. 106-553, Sec. 1(a)(2) [title I, Sec. 111].
Subsection (b) provides that subsection (a) applies to time
spent in travel status on or after the date of enactment.
EXPLANATION OF AMENDMENTS
The provisions of the substitute are explained in this
report.
COMMITTEE CONSIDERATION
On October 20, 2005, the Committee met in open session and
ordered reported favorably the bill, H.R. 4057, as introduced,
by voice vote, a quorum being present.
ROLLCALL VOTES
No rollcall votes were held.
APPLICATION OF LAW TO THE LEGISLATIVE BRANCH
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch where the bill relates to the terms and conditions of
employment or access to public services and accommodations.
This bill extends an executive branch authority to provide
compensatory time off for travel to attorneys in the Department
of Justice. As such this bill does not relate to employment or
access to public services and accommodations.
STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS OF THE COMMITTEE
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals and objectives are reflected in the descriptive portions
of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Under clause 3(d)(1) of rule XIII of the Rules of the House
of Representatives, the Committee must include a statement
citing the specific powers granted to Congress to enact the law
proposed by H.R. 4057. Article I, Section 8, clause 18 of the
Constitution of the United States grants the Congress the power
to enact this law.
FEDERAL ADVISORY COMMITTEE ACT
The Committee finds that the legislation does not establish
or authorize the establishment of an advisory committee within
the definition of 5 U.S.C. App., Section 5(b).
UNFUNDED MANDATE STATEMENT
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandate Reform Act, P.L. 104-4) requires a statement whether
the provisions of the reported include unfunded mandates. In
compliance with this requirement the Committee has received a
letter from the Congressional Budget Office included herein.
COMMITTEE ESTIMATE
Clause 3(d)(2) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs that would be incurred in carrying out
H.R. 4057. However, clause 3(d)(3)(B) of that rule provides
that this requirement does not apply when the Committee has
included in its report a timely submitted cost estimate of the
bill prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act.
BUDGET AUTHORITY AND CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and Section 402 of the
Congressional Budget Act of 1974, the Committee has received
the following cost estimate for H.R. 4057 from the Director of
the Congressional Budget Office:
H.R. 4057--A bill to provide that attorneys employed by the Department
of Justice shall be eligible for compensatory time off for
travel under section 5550b of title 5, United States Code
H.R. 4057 would amend the Federal Workforce Flexibility Act
of 2004 (Public Law 108-411) to clarify that Department of
Justice (DOJ) attorneys are eligible to receive compensatory
time off for time spent in travel status if that time is not
otherwise compensable. Office of Personnel Management
regulations allow DOJ attorneys to receive equal time off in
exchange for work-related travel outside of regular business
hours. Current DOJ guidelines, however, specifically bar agency
attorneys from receiving the benefit.
H.R. 4057 could increase costs for DOJ if the use of
compensatory time by attorneys necessitated hiring new
attorneys to complete their current workload. Based on
information from DOJ and the experience of other agencies, CBO
estimates that implementing H.R. 4057 would not have a
significant impact on the federal budget. Enacting the bill
would not affect direct spending or revenues.
H.R. 4057 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Matthew
Pickford. This estimate was approved by Peter H. Fontaine,
Deputy Assistant Director for Budget Analysis.
CHANGES IN EXISTING LAW MADE BY THE BILL AS REPORTED
H.R. 4057 makes no changes to existing law.