49–006 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 109–390 

COMPENSATORY TIME OFF FOR TRAVEL BY 

DEPARTMENT OF JUSTICE ATTORNEYS 

MARCH 14, 2006.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

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 


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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. § 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. 


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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 ComVerDate Aug 31 2005 09:50 Mar 15, 2006 Jkt 049006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR390.XXX HR390

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mittee 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. 

Æ 


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