I 
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 Representa-
tives 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 com-
mission to be known as the ‘‘Civil Service Reform Com-
mission’’ (in this Act referred to as the ‘‘Commission’’). 
(b) DUTIES OF COMMISSION.— 
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(1) STUDY.—The Commission shall study the 
following aspects of the Federal civil service system: 
(A) The Federal compensation system, in-
cluding pay and benefit structures, with an em-
phasis 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, in-
cluding experience in scientific fields, engineer-
ing, foreign language fluency, cultural under-
standing, and information technology. 
(C) Expediting and improving hiring proc-
esses. 
(D) Retaining a high-quality Federal work-
force and providing continuing professional edu-
cation to maintain the quality of such work-
force. 
(E) Policies and barriers related to the ter-
mination of under-performing workers. 
(F) The role and oversight of Federal con-
tractors and issues related to contractor as-
sumption 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 
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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 state-
ment of the findings and conclusion of the 
Commission with respect to the Federal civil 
service system, together with the recommenda-
tions of the Commission for improvements to 
such system based on such findings; and 
(B) proposed legislative language to carry 
out the recommendations described in subpara-
graph (A). 
(c) MEMBERSHIP.— 
(1) NUMBER; APPOINTMENT.—The Commission 
shall be composed of 11 members who shall be ap-
pointed 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 ap-
pointed under paragraph (1) may not be an of-
ficer or employee of the Federal Government or 
a Member of Congress serving at the time of 
such appointment. 
(B) BACKGROUND OF MEMBERS.— 
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(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 sec-
tor who are recognized experts in matters 
relating to management or personnel man-
agement. Any individual appointed as a 
member under this clause may not be ap-
pointed 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 
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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 appropria-
tion 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 appli-
cable 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 para-
graph (1), the President shall designate a Chair-
person 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. 
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(B) 
FREQUENCY
OF
MEETINGS.—The 
Commission shall meet at least monthly at the 
call of the Chairperson. 
(d) STAFF OF COMMISSION; EXPERTS AND CONSULT-
ANTS.— 
(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 ap-
propriate, except that not more than 14 staff mem-
bers 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 Commis-
sion may hold hearings, sit and act at times and 
places, take testimony, and receive evidence as the 
Commission determines appropriate. 
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(2) POWERS OF MEMBERS AND AGENTS.—Any 
member or agent of the Commission may, if author-
ized by the Commission, take any action which the 
Commission is authorized to take by this subsection. 
(3) OBTAINING OFFICIAL DATA.—The Commis-
sion 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 Chair-
person, the head of such department or agency shall 
furnish such information to the Commission. 
(4) VISITS.—The Commission may visit the fa-
cilities 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 sub-
section (b). The attendance of witnesses, pro-
duction of evidence, or both, may be required 
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from any place in the United States at any des-
ignated 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 fail-
ure to obey the order of the court may be pun-
ished by the court as civil contempt. 
(C) SERVICE OF SUBPOENAS.—A subpoena 
of the Commission shall be served in the man-
ner 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. 
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(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 com-
pensate private agencies or persons for services. 
(f) TERMINATION.—The Commission shall terminate 
10 days after submitting the report and proposed legisla-
tion 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 Com-
mission to Congress in accordance with section 2(b)(2) 
and the title of which is ‘‘A bill to implement the rec-
ommendations 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 sec-
tion 2(b)(2), an implementing bill— 
(1) shall be introduced (by request) in the 
House of Representatives by the majority leader of 
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the House of Representatives, for himself or herself 
and the minority leader of the House of Representa-
tives, or by Members of the House of Representa-
tives designated by the majority leader and minority 
leader of the House; and 
(2) shall be introduced (by request) in the Sen-
ate 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 major-
ity 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 imple-
menting bill on any day thereafter. 
(c) REFERRAL.—An implementing bill shall be re-
ferred to the committees of the House of Representatives 
and of the Senate with jurisdiction. Each committee shall 
make its recommendations to the House of Representa-
tives 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 automati-
cally discharged from further consideration of the bill, and 
the bill shall be placed on the appropriate calendar. 
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(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 imple-
menting bill is reported or discharged from all 
committees to which it was referred, the major-
ity leader of the House of Representatives or 
the majority leader’s designee shall move to 
proceed to the consideration of the imple-
menting bill. It shall also be in order for any 
Member of the House of Representatives to 
move to proceed to the consideration of the im-
plementing 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 imple-
menting bill is highly privileged in the House of 
Representatives and is not debatable. The mo-
tion 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 
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the implementing bill shall remain the unfin-
ished 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 fa-
voring and those opposing the implementing 
bill. A motion further to limit debate on the im-
plementing 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 be-
tween those favoring and those opposing the 
motion or appeal. All time used for consider-
ation of the implementing bill, including time 
used for quorum calls and voting, shall be 
counted against the total 100 hours of consider-
ation. 
(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. 
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(ii) PROCEDURE AFTER VOTE ON SEN-
ATE 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 com-
panion 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 Sen-
ate 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, re-
spectively, 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 su-
persedes other rules only to the extent that it is in-
consistent with such other rules; and 
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(2) with the full recognition of the constitu-
tional 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 ex-
tent as any other rule of that House. 
Æ 
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