HR 5439
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).
(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.
(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).
(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.
(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.
(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.
(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.
END
