I 

111TH CONGRESS 

2D SESSION H. R. 5348 

To amend title 5, United States Code, to reduce the number of civil ser

positions within the executive branch, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 20, 2010 

Mrs. LUMMIS (for herself, Mr. SAM JOHNSON of Texas, Mr. HENSARLING, 

Mr. PENCE, Mr. POSEY, Mr. NEUGEBAUER, Mr. PITTS, Mr. HUNTER, 

Mr. FRANKS of Arizona, Mr. CAMPBELL, Mr. LUETKEMEYER, Mr. AKIN, 

Ms. FALLIN, and Mr. GINGREY of Georgia) introduced the following bill; 

which was referred to the Committee on Oversight and Government Reform 

A BILL 

To amend title 5, United States Code, to reduce the numb

of civil service positions within the executive bra

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Workforce Re

5 duction Act of 2010’’. 

6 SEC. 2. REDUCING THE NUMBER OF FEDERAL EMPLOYEES. 

7 Section 3101 of title 5, United States Code, i

8 amended— 


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1 (1) by striking ‘‘Each Executive agency’’ and 

2 inserting ‘‘(a) IN GENERAL.—Subject to subsection 

3 (b), each Executive agency’’; and 

4 (2) by adding at the end the following new sub5 section: 

6 ‘‘(b) REDUCTION IN NUMBER OF EMPLOYEES.— 

7 ‘‘(1) HIRING FREEZE.—Except as provided in 

8 paragraph (2), during fiscal year 2011 and each suc9 ceeding fiscal year for which the Director of the Of10 fice of Management and Budget (in such manner as 

11 the Director determines to be appropriate) projects 

12 a Federal budget deficit, the head of an Executive 

13 agency may not appoint any individual to a position 

14 in the agency. 

15 ‘‘(2) PERMITTING APPOINTMENTS FROM FED16 ERAL WORKFORCE HIRING POOL.— 

17 ‘‘(A) ESTABLISHMENT OF POOL.—The 

18 President shall establish a Federal workforce 

19 hiring pool consisting of positions which may be 

20 allocated among all Executive agencies. 

21 ‘‘(B) PROCEDURES.—The head of an Ex22 ecutive agency may appoint an individual to a 

23 position in the agency if— 

24 ‘‘(i) there is a position available in the 

25 Federal workforce hiring pool; 


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1 ‘‘(ii) the head of the Executive agency 

2 submits a request to the President for the 

3 allocation of a position in the Federal 

4 workforce hiring pool to the agency for 

5 purposes of making an appointment; and 

6 ‘‘(iii) the President approves the re7 quest. 

8 ‘‘(C) PROCESS AND CRITERIA FOR APPROV9 ING REQUESTS.—The President shall promul10 gate regulations— 

11 ‘‘(i) setting forth the process by which 

12 the head of an Executive agency may make 

13 a request under this subsection; and 

14 ‘‘(ii) setting forth the criteria by 

15 which the President shall determine on a 

16 competitive basis whether to approve a re17 quest by the head of an Executive agency 

18 under this subsection. 

19 ‘‘(D) NUMBER OF POSITIONS IN POOL.— 

20 ‘‘(i) INITIAL NUMBER.—As of the first 

21 day of fiscal year 2011, the number of po22 sitions in the Federal workforce hiring pool 

23 shall equal zero. 

24 ‘‘(ii) CHANGES TO INITIAL NUM25 BER.—After the first day of fiscal year 


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1 2011, the number of positions in the Fed2 eral workforce hiring pool— 

3 ‘‘(I) shall increase by .50 for 

4 each full-time-equivalent position in 

5 any Executive agency which subse6 quently becomes vacant; and 

7 ‘‘(II) shall decrease by 1.0 for 

8 each request for a full-time equivalent 

9 position which is approved by the 

10 President under this subsection. 

11 ‘‘(3) WAIVER IN CASE OF EMERGENCY OR NEED

12 TO PROTECT NATIONAL SECURITY.—The President 

13 may waive this subsection with respect to the hiring 

14 of an employee for a position upon a determination 

15 by the President that— 

16 ‘‘(A) the existence of a state of war or 

17 other national security concern so requires; or 

18 ‘‘(B) the existence of an extraordinary 

19 emergency threatening life, health, safety, or 

20 property so requires. 

21 ‘‘(4) ACTION THROUGH OPM.—The President 

22 shall carry out this subsection through the Director 

23 of the Office of Personnel Management, who shall 

24 consult with the Director of the Office of Manage25 ment and Budget. 


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1 ‘‘(5) REPORTS TO CONGRESS.— 

2 ‘‘(A) IN GENERAL.—Not later than 90 

3 days after the end of each quarter of a fiscal 

4 year, the President shall provide Congress with 

5 a report containing a list of each appointment 

6 approved by the President under this subsection 

7 during the quarter, broken down by executive 

8 agency. 

9 ‘‘(B) INFORMATION INCLUDED.—The list 

10 contained in a report provided to Congress 

11 under subparagraph (A) shall include a descrip12 tion of the position associated with each ap13 proved appointment, but shall not provide any 

14 information that may be used to identify the in15 dividual appointed to the position. 

16 ‘‘(C) PUBLIC DISSEMINATION.—The Presi17 dent shall make each report provided to Con18 gress under subparagraph (A) available to the 

19 public by posting the report on the official pub20 lic website of the Executive Office of the Presi21 dent in a searchable, sortable, and download22 able manner. 

23 ‘‘(6) EXCLUSION OF CERTAIN EXECUTIVE

24 AGENCIES.—This subsection does not apply to— 

25 ‘‘(A) the Department of Defense; 


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1 ‘‘(B) the Department of Homeland Secu2 rity; or 

3 ‘‘(C) the Department of Veterans’ Af4 fairs.’’. 

Æ 


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