[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5439 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5439

           To establish the Civil Service Reform Commission.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 14, 2008

Mr. Thornberry introduced the following bill; which was referred to the 
 Committee on Oversight and Government Reform, and in addition to the 
 Committee on Rules, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
           To establish the Civil Service Reform Commission.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Civil Service Reform Commission Act 
of 2008''.

SEC. 2. CIVIL SERVICE REFORM COMMISSION.

    (a) Establishment.--There is established a commission to be known 
as the ``Civil Service Reform Commission'' (in this Act referred to as 
the ``Commission'').
    (b) Duties of Commission.--
            (1) Study.--The Commission shall study the following 
        aspects of the Federal civil service system:
                    (A) The Federal compensation system, including pay 
                and benefit structures, with an emphasis on 
                performance-based pay and benefits.
                    (B) Recruiting individuals for the Federal 
                workforce, with an emphasis on identifying and filling 
                skill gaps in the Federal workforce, including 
                experience in scientific fields, engineering, foreign 
                language fluency, cultural understanding, and 
                information technology.
                    (C) Expediting and improving hiring processes.
                    (D) Retaining a high-quality Federal workforce and 
                providing continuing professional education to maintain 
                the quality of such workforce.
                    (E) Policies and barriers related to the 
                termination of under-performing workers.
                    (F) The role and oversight of Federal contractors 
                and issues related to contractor assumption of 
                traditionally Federal duties.
            (2) Report and proposed legislation.--Not later than 2 
        years after the initial meeting of the Commission under 
        subsection (c)(8)(A), the Commission shall submit to the 
        President and each House of Congress (on the same day and while 
        each House is in session)--
                    (A) a report containing a detailed statement of the 
                findings and conclusion of the Commission with respect 
                to the Federal civil service system, together with the 
                recommendations of the Commission for improvements to 
                such system based on such findings; and
                    (B) proposed legislative language to carry out the 
                recommendations described in subparagraph (A).
    (c) Membership.--
            (1) Number; appointment.--The Commission shall be composed 
        of 11 members who shall be appointed by the President by and 
        with the advice and consent of the Senate.
            (2) Eligibility.--
                    (A) No serving members of congress or federal 
                employees.--A member appointed under paragraph (1) may 
                not be an officer or employee of the Federal Government 
                or a Member of Congress serving at the time of such 
                appointment.
                    (B) Background of members.--
                            (i) Former federal employees.--Four members 
                        appointed under paragraph (1) shall be former 
                        officers or employees of the Federal Government 
                        under the Federal civil service system. Any 
                        former officer or employee appointed as a 
                        member under this clause may not be appointed 
                        as a member under clause (ii).
                            (ii) Private sector experts.--Seven members 
                        appointed under paragraph (1) shall be 
                        individuals in the private sector who are 
                        recognized experts in matters relating to 
                        management or personnel management. Any 
                        individual appointed as a member under this 
                        clause may not be appointed as a member under 
                        clause (i).
            (3) Political affiliation.--Not more than 6 members 
        appointed under paragraph (1) may be of the same political 
        party.
            (4) Vacancies.--Any member appointed to fill a vacancy 
        occurring before the expiration of the term for which the 
        predecessor of such member was appointed shall be appointed 
        only for the remainder of such term. Any appointment to fill a 
        vacancy shall be subject to the requirements of paragraphs (1) 
        through (3).
            (5) Basic pay.--
                    (A) Rates of pay.--To the extent or in the amounts 
                provided in advance in appropriation Acts, each member 
                shall be paid at a rate equal to level I of the 
                Executive Schedule under section 5312 of title 5, 
                United States Code.
                    (B) Travel expenses.--Each member shall receive 
                travel expenses, including per diem in lieu of 
                subsistence, in accordance with applicable provisions 
                of subchapter I of chapter 57 of title 5, United States 
                Code.
            (6) Chairperson.--Not later than 30 days after all members 
        have been appointed under paragraph (1), the President shall 
        designate a Chairperson of the Commission.
            (7) Quorum.--Six members of the Commission shall constitute 
        a quorum but a lesser number may hold hearings.
            (8) Meetings.--
                    (A) Initial meeting.--Not later than 30 days after 
                all members have been appointed under paragraph (1), 
                the Commission shall hold its initial meeting.
                    (B) Frequency of meetings.--The Commission shall 
                meet at least monthly at the call of the Chairperson.
    (d) Staff of Commission; Experts and Consultants.--
            (1) Director.--The Commission shall appoint a Director. To 
        the extent or in the amounts provided in advance in 
        appropriation Acts, the Director shall be paid at a rate not to 
        exceed the minimum rate of basic pay for GS-15 of the General 
        Schedule.
            (2) Staff.--Subject to rules prescribed by the Commission, 
        the Director may appoint and fix the pay of staff members as 
        the Director determines appropriate, except that not more than 
        14 staff members may be appointed under this paragraph.
            (3) Experts and consultants.--Subject to the approval of 
        the Commission, the Director may procure temporary and 
        intermittent services under section 3109(b) of title 5, United 
        States Code.
    (e) Powers of Commission.--
            (1) Hearings and sessions.--The Commission may hold 
        hearings, sit and act at times and places, take testimony, and 
        receive evidence as the Commission determines appropriate.
            (2) Powers of members and agents.--Any member or agent of 
        the Commission may, if authorized by the Commission, take any 
        action which the Commission is authorized to take by this 
        subsection.
            (3) Obtaining official data.--The Commission may obtain, 
        from any department or agency of the United States, information 
        necessary to enable it to carry out its duties. At the request 
        of the Chairperson, the head of such department or agency shall 
        furnish such information to the Commission.
            (4) Visits.--The Commission may visit the facilities and 
        installations of any department or agency of the United States.
            (5) Mails.--The Commission may use the United States mails 
        in the same manner and under the same conditions as any 
        department or agency of the United States.
            (6) Subpoena power.--
                    (A) Issuance.--The Commission may issue subpoenas 
                requiring the attendance and testimony of witnesses, 
                the production of any evidence, or both, relating to 
                any matter which the Commission is directed to study 
                under subsection (b). The attendance of witnesses, 
                production of evidence, or both, may be required from 
                any place in the United States at any designated place 
                of hearing in the United States.
                    (B) Failure to obey.--If a person fails to obey a 
                subpoena issued under subparagraph (A), the Commission 
                may apply to a United States district court for an 
                order requiring that person to appear before the 
                Commission to give testimony, produce evidence, or 
                both, relating to the matter under examination. The 
                application may be made in the judicial district where 
                the hearing is conducted or where that person is found, 
                resides, or transacts business. Any failure to obey the 
                order of the court may be punished by the court as 
                civil contempt.
                    (C) Service of subpoenas.--A subpoena of the 
                Commission shall be served in the manner provided for 
                subpoenas issued by a United States district court 
                under the Federal Rules of Civil Procedure for United 
                States district courts.
                    (D) Service of process.--All process of any court 
                to which application is made under subparagraph (B) may 
                be served in the judicial district in which the person 
                required to be served resides or may be found.
            (7) Immunity.--The Commission is an agency of the United 
        States for the purpose of part V of title 18, United States 
        Code (relating to immunity of witnesses).
            (8) Contract authority.--To the extent or in the amounts 
        provided in advance in appropriation Acts, the Commission may 
        contract with and compensate private agencies or persons for 
        services.
    (f) Termination.--The Commission shall terminate 10 days after 
submitting the report and proposed legislation required by subsection 
(b)(2).

SEC. 3. LEGISLATION TO IMPLEMENT RECOMMENDATIONS OF THE COMMISSION.

    (a) Definition.--For purposes of this section, the term 
``implementing bill'' means a bill the text of which consists of the 
legislative language submitted by the Commission to Congress in 
accordance with section 2(b)(2) and the title of which is ``A bill to 
implement the recommendations of the Civil Service Reform 
Commission.''.
    (b) Introduction.--Not later than 60 days after the date on which 
the Commission submits its report and proposed legislation to Congress 
in accordance with section 2(b)(2), an implementing bill--
            (1) shall be introduced (by request) in the House of 
        Representatives by the majority leader of the House of 
        Representatives, for himself or herself and the minority leader 
        of the House of Representatives, or by Members of the House of 
        Representatives designated by the majority leader and minority 
        leader of the House; and
            (2) shall be introduced (by request) in the Senate by the 
        majority leader of the Senate, for himself or herself and the 
        minority leader of the Senate, or by Members of the Senate 
        designated by the majority leader and minority leader of the 
        Senate.
If an implementing bill is not introduced in accordance with the 
preceding sentence in either House of Congress, any Member of that 
House may introduce an implementing bill on any day thereafter.
    (c) Referral.--An implementing bill shall be referred to the 
committees of the House of Representatives and of the Senate with 
jurisdiction. Each committee shall make its recommendations to the 
House of Representatives or the Senate, as the case may be, within 10 
calendar days after the date of introduction in that House. If a 
committee to which an implementing bill has been referred has not 
reported by the close of the 10th calendar day after its introduction, 
such committee shall be automatically discharged from further 
consideration of the bill, and the bill shall be placed on the 
appropriate calendar.
    (d) Expedited Procedures.--
            (1) In the house of representatives.--
                    (A) In general.--Not later than 5 days of session 
                after the date on which an implementing bill is 
                reported or discharged from all committees to which it 
                was referred, the majority leader of the House of 
                Representatives or the majority leader's designee shall 
                move to proceed to the consideration of the 
                implementing bill. It shall also be in order for any 
                Member of the House of Representatives to move to 
                proceed to the consideration of the implementing bill 
                at any time after the conclusion of such 5-day period.
                    (B) Motion to proceed.--A motion to proceed to the 
                consideration of the implementing bill is highly 
                privileged in the House of Representatives and is not 
                debatable. The motion is not subject to amendment or to 
                a motion to postpone consideration of the implementing 
                bill. A motion to proceed to the consideration of other 
                business shall not be in order. A motion to reconsider 
                the vote by which the motion to proceed is agreed to or 
                not agreed to shall not be in order. If the motion to 
                proceed is agreed to, the House of Representatives 
                shall immediately proceed to consideration of the 
                implementing bill without intervening motion, order, or 
                other business, and the implementing bill shall remain 
                the unfinished business of the House of Representatives 
                until disposed of.
                    (C) Limits on debate.--Debate in the House of 
                Representatives on an implementing bill under this 
                paragraph shall not exceed a total of 100 hours, which 
                shall be divided equally between those favoring and 
                those opposing the bill. A motion further to limit 
                debate is in order and shall not be debatable. It shall 
                not be in order to move to recommit an implementing 
                bill under this paragraph or to move to reconsider the 
                vote by which the bill is agreed to or disagreed to.
                    (D) Appeals.--Appeals from decisions of the chair 
                relating to the application of the Rules of the House 
                of Representatives to the procedures relating to an 
                implementing bill shall be decided without debate.
                    (E) Application of house rules.--Except to the 
                extent specifically provided in this paragraph, 
                consideration of an implementing bill shall be governed 
                by the Rules of the House of Representatives. It shall 
                not be in order in the House of Representatives to 
                consider any implementing bill introduced pursuant to 
                the provisions of this section under a suspension of 
                the rules or under a special rule.
                    (F) No amendments.--No amendment to the 
                implementing bill shall be in order in the House of 
                Representatives.
                    (G) Vote on final passage.--In the House of 
                Representatives, immediately following the conclusion 
                of consideration of the implementing bill, the vote on 
                final passage of the implementing bill shall occur 
                without any intervening action or motion, requiring an 
                affirmative vote of \3/5\ of the Members, duly chosen 
                and sworn. If the implementing bill is passed, the 
                Clerk of the House of Representatives shall cause the 
                bill to be transmitted to the Senate before the close 
                of the next day of session of the House.
            (2) In the senate.--
                    (A) In general.--Not later than 5 days of session 
                after the date on which an implementing bill is 
                reported or discharged from all committees to which it 
                was referred, the majority leader of the Senate or the 
                majority leader's designee shall move to proceed to the 
                consideration of the implementing bill. It shall also 
                be in order for any Member of the Senate to move to 
                proceed to the consideration of the implementing bill 
                at any time after the conclusion of such 5-day period.
                    (B) Motion to proceed.--A motion to proceed to the 
                consideration of the implementing bill is privileged in 
                the Senate and is not debatable. The motion is not 
                subject to amendment or to a motion to postpone 
                consideration of the implementing bill. A motion to 
                proceed to consideration of the implementing bill may 
                be made even though a previous motion to the same 
                effect has been disagreed to. A motion to proceed to 
                the consideration of other business shall not be in 
                order. A motion to reconsider the vote by which the 
                motion to proceed is agreed to or not agreed to shall 
                not be in order. If the motion to proceed is agreed to, 
                the Senate shall immediately proceed to consideration 
                of the implementing bill without intervening motion, 
                order, or other business, and the implementing bill 
                shall remain the unfinished business of the Senate 
                until disposed of.
                    (C) Limits on debate.--In the Senate, consideration 
                of the implementing bill and on all debatable motions 
                and appeals in connection therewith shall not exceed a 
                total of 100 hours, which shall be divided equally 
                between those favoring and those opposing the 
                implementing bill. A motion further to limit debate on 
                the implementing bill is in order and is not debatable. 
                Any debatable motion or appeal is debatable for not to 
                exceed 1 hour, to be divided equally between those 
                favoring and those opposing the motion or appeal. All 
                time used for consideration of the implementing bill, 
                including time used for quorum calls and voting, shall 
                be counted against the total 100 hours of 
                consideration.
                    (D) No amendments.--No amendment to the 
                implementing bill shall be in order in the Senate.
                    (E) Motion to recommit.--A motion to recommit an 
                implementing bill shall not be in order under this 
                paragraph.
                    (F) Vote on final passage.--In the Senate, 
                immediately following the conclusion of consideration 
                of the implementing bill and a request to establish the 
                presence of a quorum, the vote on final passage of the 
                implementing bill shall occur and shall require an 
                affirmative vote of \3/5\ of the Members, duly chosen 
                and sworn.
                    (G) Other motions not in order.--A motion to 
                postpone or a motion to proceed to the consideration of 
                other business is not in order in the Senate. A motion 
                to reconsider the vote by which the implementing bill 
                is agreed to or not agreed to is not in order in the 
                Senate.
                    (H) Consideration of the house bill.--
                            (i) In general.--If the Senate has received 
                        the House companion bill to the implementing 
                        bill introduced in the Senate prior to the vote 
                        required under subparagraph (F) and the House 
                        companion bill is identical to the implementing 
                        bill introduced in the Senate, then the Senate 
                        shall consider, and the vote under subparagraph 
                        (F) shall occur on, the House companion bill.
                            (ii) Procedure after vote on senate bill.--
                        If the Senate votes, pursuant to subparagraph 
                        (F), on the bill introduced in the Senate, the 
                        Senate bill shall be held pending receipt of 
                        the House message on the bill. Upon receipt of 
                        the House companion bill, if the House bill is 
                        identical to the Senate bill, the House bill 
                        shall be deemed to be considered, read for the 
                        third time, and the vote on passage of the 
                        Senate bill shall be considered to be the vote 
                        on the bill received from the House.
            (3) No suspension.--No motion to suspend the application of 
        this subsection shall be in order in the Senate or in the House 
        of Representatives.
    (e) Rules of House of Representatives and Senate.--This section is 
enacted by the Congress--
            (1) as an exercise of the rulemaking power of the House of 
        Representatives and the Senate, respectively, and as such is 
        deemed a part of the rules of each House, respectively, but 
        applicable only with respect to the procedures to be followed 
        in that House in the case of an implementing bill; and it 
        supersedes other rules only to the extent that it is 
        inconsistent with such other rules; and
            (2) with the full recognition of the constitutional right 
        of either House to change the rules (so far as relating to the 
        procedures of that House) at any time, in the same manner, and 
        to the same extent as any other rule of that House.
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