[Congressional Record Volume 152, Number 36 (Tuesday, March 28, 2006)]
[House]
[Pages H1144-H1145]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




PROVIDING THAT ATTORNEYS EMPLOYED BY THE DEPARTMENT OF JUSTICE SHALL BE 
             ELIGIBLE FOR COMPENSATORY TIME OFF FOR TRAVEL

  Mr. PORTER. Mr. Speaker, I move to suspend the rules and pass 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, as amended.
  The Clerk read as follows:

                               H.R. 4057

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

[[Page H1145]]

     SECTION 1. COMPENSATORY TIME OFF FOR TRAVEL.

       (a) In General.--Attorneys employed by the Department of 
     Justice (including assistant United States attorneys) shall 
     be eligible for compensatory time off for travel under 
     section 5550b of title 5, United States Code, without regard 
     to any provision of section 115 of the Departments of 
     Commerce, Justice, and State, the Judiciary, and Related 
     Agencies Appropriations Act, 2000 (as enacted into law by 
     section 1000(a)(1) of Public Law 106-113 and reenacted by 
     section 111 of the Department of Justice Appropriations Act, 
     2001 (as enacted into law by appendix B of Public Law 106-
     553)).
       (b) Applicability.--Subsection (a) shall apply with respect 
     to time spent in travel status on or after the date of the 
     enactment of this Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Nevada (Mr. Porter) and the gentleman from Illinois (Mr. Davis) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Nevada.


                             General Leave

  Mr. PORTER. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days within which to revise and extend their remarks 
and include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Nevada?
  There was no objection.
  Mr. PORTER. Mr. Speaker, I rise today in support of H.R. 4057 as 
amended. I want to thank the leadership for bringing this important 
legislation to the floor.
  This bill, which has been introduced by myself, Government Reform 
Committee Chairman Tom Davis, Mr. Waxman, Mr. Davis from Illinois and 
Mr. Van Hollen, is intended to clarify that the Department of Justice 
attorneys are eligible to receive compensatory time off for time spent 
in travel status like all other General Schedule employees.
  In 2004, Congress approved this government-wide ``comp time for 
travel'' in the Federal Workforce Flexibility Act. After the bill had 
passed, the Department of Justice determined that the bill as written 
did not give it the authority to waive certain limitations imposed on 
its attorneys by a previous appropriations measure. H.R. 4057 now, 
through the technical assistance of the Justice Department, 
unequivocally clarifies congressional intent.
  This bill would allow Justice Department attorneys to be compensated 
for travel time during nonbusiness hours. This would greatly assist 
those employees who take early morning flights in order to attend to 
business away from the home office, but don't currently get compensated 
for their dedication. In light of the fact that quality-of-life 
programs are among the most effective recruitment and retention tools, 
I believe that Federal employees should receive compensation while 
traveling to do the Government's business.
  Mr. Speaker, I thank you once again for your attention to this bill, 
and I urge passage of H.R. 4057 as amended.
  Mr. Speaker, I reserve the balance of my time.
  Mr. DAVIS of Illinois. Mr. Speaker, I yield myself such time as I 
might consume.
  Mr. Speaker, I am pleased to join Representatives Davis, Waxman, 
Porter and Van Hollen in introducing H.R. 4057, which would make 
attorneys employed by the Department of Justice eligible for 
compensatory time off for travel.
  In 2004, Congress passed the Federal Workforce Flexibility Act which 
provided compensatory time off to Federal employees when they travel on 
official business during nonworking hours. If an employee must travel 
on a Sunday to attend an out-of-town meeting on Monday, that employee 
can receive credit for giving up his weekend to travel on official 
government business.
  The Office of Personnel Management issued interim regulations that 
went into effect on January 28, 2005, allowing Federal workers to 
receive equal time off in exchange for work-related travel outside of 
regular business hours.
  In February of last year, the Justice Department issued guidelines 
barring DOJ attorneys from receiving the benefit. In support of its 
decision, the Department cited provisions in its fiscal year 2000 
appropriations, which banned overtime pay to Justice Department 
attorneys. However, those provisions sought to limit overtime pay for 
attorneys, not compensatory time.
  H.R. 4057, which has bipartisan and bicameral support, will clarify 
that DOJ attorneys are entitled to compensatory time off. And 
therefore, I am pleased to join with my colleagues in introduction and 
urge passage of this legislation.
  Mr. Speaker, I don't believe that I am going to have any additional 
requests for time, and I would yield back the balance of my time.
  Mr. PORTER. Mr. Speaker, I have no other speakers. I yield back the 
balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Nevada (Mr. Porter) that the House suspend the rules and 
pass the bill, H.R. 4057, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________