To establish the Bipartisan Earmark Reform Commission.

Summary: Bipartisan Earmark Reform Commission Act of 2008 - Establishes the Bipartisan Earmark Reform Commission to: (1) develop a clear definition of what constitutes an earmark; and (2) report findings, conclusions, and recommendations to the President and Congress.

Requires the Majority Leaders of the House of Representatives and of the Senate to introduce (by request) the legislation recommended in the report.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bipartisan Earmark Reform Commission 
Act of 2008''.

SEC. 2. ESTABLISHMENT.

    There is established a commission to be known as the ``Bipartisan 
Earmark Reform Commission'' (hereinafter in this Act referred to as the 
``Commission'').

SEC. 3. DUTIES OF COMMISSION.

    The duties of the Commission shall be to--
            (1) develop a clear definition of what constitutes an 
        earmark;
            (2) consider all policy implications of earmarks, 
        including--
                    (A) the general history and trends in legislative 
                earmarks, including changes in the numbers and sizes of 
                earmarks;
                    (B) the policy effects of these earmark trends;
                    (C) the extent to which for-profit companies 
                receive legislative earmarks;
                    (D) whether there are disparities between the 
                Members, districts, States, or regions receiving 
                legislative earmarks;
                    (E) the impacts of legislative earmarks on the 
                overall budget and whether there are any effects on 
                specific departments, agencies, initiatives, or issue 
                areas;
                    (F) whether a merit-based or competitive 
                application process similar to what is used in grant 
                funding could be adapted for use in legislative 
                earmarks;
                    (G) whether the current system of disclosure for 
                legislative earmarks is sufficient for purposes of 
                public transparency;
                    (H) the extent to which the executive branch 
                engages in earmarking, analyzed by number and size of 
                earmarks;
                    (I) whether there are any disparities between the 
                Members, districts, States, or regions receiving 
                executive earmarks; and
                    (J) the extent to which earmarked projects are 
                named after current or retired members of Congress (or 
                family members thereof) or executive branch officials 
                (or family members thereof).

SEC. 4. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 12 
members appointed as follows:
            (1) Three members appointed by the Speaker.
            (2) Two members appointed by the House minority leader.
            (3) Three members appointed by Senate majority leader.
            (4) Two members appointed by Senate minority leader.
            (5) Two members appointed by the President.
    (b) Political Affiliation.--Of the members appointed by each 
appointing authority described in subsection (a) who is a Member of 
Congress, one appointed by each such Member shall be a Member of 
Congress.
    (c) Chair and Co-Chair.--The President shall designate a 
chairperson and a co-chairperson of the Commission from the members 
appointed under subsection (a), one of whom shall be a Republican and 
one of whom shall be a Democrat.
    (d) Continuation of Membership.--If a member was appointed to the 
Commission as a Member of Congress and the member ceases to be a Member 
of Congress, that member shall cease to be a member of the Commission.
    (e) Meetings.--The Commission shall meet upon the call of the 
chairperson or a majority of its members.
    (f) Quorum.--Seven members of the Commission shall constitute a 
quorum, but a lesser number may hold hearings.

SEC. 5. DIRECTOR AND STAFF OF COMMISSION.

    (a) Director.--
            (1) In general.--Subject to subsection (c) and to the 
        extent provided in advance in appropriation Acts, the 
        Commission shall appoint and fix the pay of a director.
            (2) Duties.--The director of the Commission shall be 
        responsible for the administration and coordination of the 
        duties of the Commission and shall perform other such duties as 
        the Commission may direct.
    (b) Staff.--In accordance with rules agreed upon by the Commission, 
subject to subsection (c), and to the extent provided in advance in 
appropriation Acts, the director may appoint and fix the pay of 
additional personnel.
    (c) Applicability of Certain Civil Service Laws.--The director and 
staff of the Commission may be appointed without regard to the 
provisions of title 5, United States Code, governing appointments in 
the competitive service, and may be paid without regard to the 
provisions of chapter 51 and subchapter III of chapter 53 of that title 
relating to classification and General Schedule pay rates, except that 
pay fixed under subsection (a) may not exceed $150,000 per year and pay 
fixed under subsection (b) may not exceed a rate equal to the daily 
equivalent of the annual rate of basic pay for level V of the Executive 
Schedule under section 5316 of title 5, United States Code.
    (d) Detailee.--Any Federal Government employee may be detailed to 
the Commission without reimbursement from the Commission, and such 
detailee shall retain the rights, status, and privileges of their 
regular employment without interruption.
    (e) Experts and Consultants.--In accordance with rules agreed upon 
by the Commission and to the extent provided in advance in 
appropriation Acts, the director may procure the services of experts 
and consultants under section 3109(b) of title 5, United States Code, 
but at rates not to exceed the daily equivalent of the annual rate of 
basic pay for level V of the Executive Schedule under section 5316 of 
title 5, United States Code.

SEC. 6. POWERS OF COMMISSION.

    (a) Hearings and Evidence.--The Commission may, for the purpose of 
carrying out this Act, hold such hearings in addition to the town hall 
style public hearings, sit and act at such times and places, take such 
testimony, and receive such evidence as the Commission considers 
appropriate. The Commission may administer oaths or affirmations to 
witnesses appearing before it.
    (b) 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 under this section.
    (c) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other departments and 
agencies of the United States.
    (d) Administrative Support Services.--Upon the request of the 
Commission, the Administrator of General Services shall provide to the 
Commission, on a reimbursable basis, the administrative support 
services necessary for the Commission to carry out its responsibilities 
under this Act.
    (e) Contract Authority.--To the extent provided in advance in 
appropriation Acts, the Commission may enter into contracts to enable 
the Commission to discharge its duties under this Act.

SEC. 7. REPORTS.

    The Commission shall transmit a report to the President and the 
Congress not later than six months after its establishment. The report 
shall contain a detailed statement of the findings and conclusions of 
the Commission, together with its recommendations for legislation and 
administrative actions to reform the legislative and executive earmark 
processes.

SEC. 8. TERMINATION.

    The Commission shall terminate 30 days after submitting its final 
report pursuant to section 7.

SEC. 9. CONGRESSIONAL CONSIDERATION OF LEGISLATION RECOMMENDED BY THE 
              COMMISSION.

    Not later than 60 legislative days after submission of the 
Commission's report to Congress pursuant to section 7, the majority 
leader of the House of Representatives and the majority leader of the 
Senate shall introduce (by request) the legislation set forth in such 
report.