A bill to provide for a reduction and limitation on the total number of Federal employees, and for other purposes.

Summary: Reduce and Cap the Federal Workforce Act of 2010 - Requires the head of each executive agency: (1) to determine the number of full-time agency employees on February 16, 2009 (2009 number) and the number of full-time agency employees on the date occurring 90 days after enactment of this Act (current number); (2) if the 2009 number is lower, to ensure that no new employee is appointed until the 2009 number is attained through attrition; and (3) if the current number is lower or once the 2009 number is attained, to maintain that number by offsetting each new appointment by a reduction. Excludes the Department of Defense (DOD), the Department of Homeland Security (DHS), the Executive Office of the President, the Central Intelligence Agency (CIA), the Federal Bureau of Investigation (FBI), and the Secret Service.

Requires the Secretary of Defense and the Secretary of Homeland Security to: (1) determine the current number of full-time employees of DOD and DHS; and (2) maintain that number by offsetting each new appointment by a reduction.

Requires the Director of the Office of Management and Budget (OMB) to: (1) publicly disclose the total number of federal employees, the number of federal employees in each agency, and the annual rate of pay by title of each federal employee at each agency; and (2) update such information at least once a year. Authorizes the Director of National Intelligence to exclude any employee from such information for purposes of national security.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Reduce and Cap the Federal Workforce 
Act of 2010''.

SEC. 2. REDUCTION AND LIMITATION ON THE TOTAL NUMBER OF FEDERAL 
              EMPLOYEES.

    (a) Definition.--In this Act--
            (1) the term ``agency''--
                    (A) means an executive agency as defined under 
                section 105 of title 5, United States Code; and
                    (B) shall not include--
                            (i) the Executive Office of the President;
                            (ii) the Central Intelligence Agency;
                            (iii) the Federal Bureau of Investigation; 
                        or
                            (iv) the Secret Service; and
            (2) the term ``employee''--
                    (A) means an employee of any agency; and
                    (B) shall not include any employee--
                            (i) employed by a Federal entity described 
                        under paragraph (1)(B); or
                            (ii) designated by the Director of National 
                        Intelligence for exclusion for purposes of 
                        national security.
    (b) Agencies Other Than the Department of Defense and the 
Department of Homeland Security.--
            (1) Determination of number of employees.--Not later than 
        90 days after the date of enactment of this Act, the head of 
        each agency (other than the Department of Defense and the 
        Department of Homeland Security) shall collaborate with the 
        Director of the Office of Management and Budget and determine--
                    (A) the number of full-time employees employed in 
                that agency on February 16, 2009; and
                    (B) the number of full-time employees employed in 
                that agency at the end of that 90-day period.
            (2) Reductions by attrition.--If the number of full-time 
        employees employed in an agency determined under paragraph 
        (1)(A) is less than the number of full-time employees employed 
        in that agency on the date occurring 90 days after the date of 
        enactment of this Act, the head of that agency shall ensure 
        that no individual is appointed as a full-time employee in that 
        agency until the number of full-time employees employed in that 
        agency is reduced by attrition to that number determined under 
        paragraph (1)(A).
            (3) Offset in number of employees.--
                    (A) In general.--After an agency has reached the 
                number of full-time employees to be in compliance with 
                paragraph (2), the head of that agency shall ensure 
                that the number of full-time employees in that agency 
                is offset by a reduction of 1 full-time employee at 
                that agency for each individual who is appointed as a 
                full-time employee in any agency.
                    (B) Offset if reductions unnecessary.--If the 
                number of full-time employees employed in an agency 
                determined under paragraph (1)(A) is more than the 
                number of full-time employees employed in that agency 
                on the date occurring 90 days after the date of 
                enactment of this Act, the head of that agency shall 
                ensure that the number of full-time employees in that 
                agency is offset by a reduction of 1 full-time employee 
                at that agency for each individual who is appointed as 
                a full-time employee in any agency.
    (c) Department of Defense and the Department of Homeland 
Security.--
            (1) Determination of number of employees.--Not later than 
        90 days after the date of enactment of this Act, the Secretary 
        of Defense and the Secretary of Homeland Security shall 
        collaborate with the Director of the Office of Management and 
        Budget and determine the number of full-time employees employed 
        in the Department of Defense and the Department of Homeland 
        Security at the end of that 90-day period.
            (2) Offset in number of employees.--After the 90-day period 
        described under paragraph (1), the Secretary of Defense and the 
        Secretary of Homeland Security shall ensure that the number of 
        full-time employees in the Department of Defense and the 
        Department of Homeland Security determined under paragraph (1) 
        is offset by a reduction of 1 full-time employee at the 
        applicable department for each individual who is appointed as a 
        full-time employee in that department.
    (d) Information on Total Employees.--
            (1) In general.--Except as provided under paragraph (2), 
        the Director of the Office of Management and Budget shall--
                    (A) publicly disclose--
                            (i) the total number of Federal employees;
                            (ii) the number of Federal employees in 
                        each agency; and
                            (iii) the annual rate of pay by title of 
                        each Federal employee at each agency; and
                    (B) update the information described under 
                subparagraph (A) not less than once a year.
            (2) National security exception.--The Director of National 
        Intelligence may exclude any employee from information to be 
        disclosed under paragraph (1) for purposes of national 
        security.