[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1187 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1187

 To establish a Civilian Facilities Closure and Realignment Commission 
to reduce unnecessary spending in the Federal Government by closing or 
  realigning duplicative, wasteful, or otherwise unnecessary civilian 
                  facilities, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 30, 1993

  Mr. Dorgan introduced the following bill; which was read twice and 
           referred to the Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To establish a Civilian Facilities Closure and Realignment Commission 
to reduce unnecessary spending in the Federal Government by closing or 
  realigning duplicative, wasteful, or otherwise unnecessary civilian 
                  facilities, and for other purposes.

    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 ``Civilian Facilities Closure and 
Realignment Act of 1993''.

SEC. 2. PURPOSE.

    The purpose of this Act is to reduce unnecessary spending in the 
Federal Government by closing or realigning duplicative, wasteful, or 
otherwise unnecessary civilian facilities, including facilities that--
            (1) have a cost to the Federal Government that is out of 
        proportion to the benefits provided through the facility; or
            (2) fail to further any legitimate goal or mission of the 
        administering agency.

SEC. 3. THE CIVILIAN FACILITIES CLOSURE AND REALIGNMENT COMMISSION.

    (a) Establishment.--There is established an independent commission 
to be known as the ``Civilian Facilities Closure and Realignment 
Commission''.
    (b) Duties.--The Commission shall carry out the duties specified 
for it in this Act.
    (c) Appointment.--(1)(A) The Commission shall be composed of seven 
members appointed by the President, by and with the advice and consent 
of the Senate.
    (B) No later than January 1, 1994, the President shall submit to 
the Senate the nominations for appointment to the Commission.
    (2) In selecting individuals for nominations for appointments to 
the Commission, the President should consult with--
            (A) the Speaker of the House of Representatives concerning 
        the appointment of one member;
            (B) the majority leader of the Senate concerning the 
        appointment of one member;
            (C) the minority leader of the House of Representatives 
        concerning the appointment of one member; and
            (D) the minority leader of the Senate concerning the 
        appointment of one member.
    (3) At the time the President nominates individuals for appointment 
to the Commission, the President shall designate one such individual 
who shall serve as Chairman of the Commission.
    (d) Terms.--Each member of the Commission shall serve until 
December 31, 1995, and may only be removed by the President for cause.
    (e) Meetings.--(1) Each meeting of the Commission, other than 
meetings in which classified information is to be discussed, shall be 
open to the public.
    (2) All the proceedings, information, and deliberations of the 
Commission shall be open, upon request, to any Member or committee of 
the Congress.
    (f) Vacancies.--A vacancy in the Commission shall be filled in the 
same manner as the original appointment, but the individual appointed 
to fill the vacancy shall serve only for the unexpired portion of the 
term for which the individual's predecessor was appointed.
    (g) Pay and Travel Expenses.--(1)(A) Each member, other than the 
Chairman, shall be paid at a rate equal to the daily equivalent of the 
minimum annual rate of basic pay payable for level IV of the Executive 
Schedule under section 5315 of title 5, United States Code, for each 
day (including travel time) during which the member is engaged in the 
actual performance of duties vested in the Commission.
    (B) The Chairman shall be paid for each day referred to in 
subparagraph (A) at a rate equal to the daily equivalent of the minimum 
annual rate of basic pay payable for level III of the Executive 
Schedule under section 5314 of title 5, United States Code.
    (2) Members shall receive travel expenses, including per diem in 
lieu of subsistence, in accordance with sections 5702 and 5703 of title 
5, United States Code.
    (h) Director of Staff.--(1) The Commission shall, without regard to 
section 5311(b) of title 5, United States Code, appoint a Director who 
has not served as a Federal employee during the one-year period 
preceding the date of such appointment.
    (2) The Director shall be paid at the rate of basic pay payable for 
level IV of the Executive Schedule under section 5315 of title 5, 
United States Code.
    (i) Staff.--(1) Subject to paragraphs (2) and (3), the Director, 
with the approval of the Commission, may appoint and fix the pay of 
additional personnel.
    (2) The Director may make such appointments without regard to the 
provisions of title 5, United States Code, governing appointments in 
the competitive service, and any personnel so appointed 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 an individual so appointed may not 
receive pay in excess of the maximum annual rate of basic pay payable 
for a position above GS-15 of the General Schedule.
    (3) Upon request of the Director, the head of any Federal 
department or agency may detail any of the personnel of that department 
or agency to the Commission to assist the Commission in carrying out 
its duties under this Act.
    (4) The Comptroller General of the United States shall provide 
assistance, including the detailing of employees, to the Commission in 
accordance with an agreement entered into with the Commission.
    (j) Consultants and Property.--(1) The Commission may procure by 
contract, to the extent funds are available, the temporary or 
intermittent services of experts or consultants pursuant to section 
3109 of title 5, United States Code.
    (2) The Commission may lease space and acquire personal property to 
the extent funds are available.
    (k) Funding.--There are authorized to be appropriated to the 
Commission such funds as are necessary to carry out its duties under 
this Act. Such funds shall remain available until expended.
    (l) Termination.--The Commission shall terminate on December 31, 
1995.

SEC. 4. RECOMMENDATIONS AND REPORT FOR CIVILIAN FACILITY CLOSURES AND 
              REALIGNMENTS.

    (a) Agency Recommendations.--(1) No later than June 1, 1994, each 
head of an executive agency as defined under section 105 of title 5, 
United States Code (except for the Secretary of Defense with regard to 
the Department of Defense) shall submit to the Commission 
recommendations for closing or realigning civilian facilities 
administered by such agency. The recommendations shall include a 
statement providing rationale for the recommended closure or 
realignment.
    (2) The Office of Management and Budget shall submit to the 
Commission with each recommendation submitted under paragraph (1), an 
estimate of the administrative costs and savings that would result from 
the implementation of such recommendation for the 5 fiscal years 
following such implementation.
    (b) Review and Recommendations by the Commission.--(1) After 
receiving the recommendations from the heads of executive agencies 
under subsection (a), the Commission shall conduct public hearings on 
the recommendations. Such hearings shall be conducted in Washington, 
D.C. and in affected regions throughout the United States.
    (2)(A) No later than June 1, 1995, the Commission shall submit to 
the President a report containing--
            (i) the Commission's findings and conclusions based on a 
        review and analysis of the recommendations made by the heads of 
        executive agencies and from public hearings;
            (ii) the Commission's recommendations for closures and 
        realignments of Federal facilities; and
            (iii) proposed legislation (containing specific language 
        proposed to be enacted) to implement the Commission's 
        recommendations.
    (B) Subject to subparagraph (C), in making its recommendations, the 
Commission may make changes in any of the recommendations made by the 
heads of executive agencies.
    (C) In the case of a change described in subparagraph (D) in the 
recommendations made by the heads of executive agencies, the Commission 
may make the change only if the Commission--
            (i) publishes a notice of the proposed change in the 
        Federal Register not less than 30 days before submitting its 
        recommendations to the President under subparagraph (A); and
            (ii) conduct a public hearing on the proposed change.
    (D) Subparagraph (C) shall apply to a change by the Commission in 
the heads of executive agencies' recommendations that would--
            (i) add a facility to the list of facilities recommended by 
        the applicable head of an executive agency for closure;
            (ii) add a facility to the list of facilities recommended 
        by the applicable head of an executive agency for realignment; 
        or
            (iii) increase the extent of a realignment of a particular 
        facility recommended by the applicable head of an executive 
        agency.
    (3) The Commission shall explain and justify in its report 
submitted to the President under paragraph (2) any recommendation made 
by the Commission that is different from the recommendations made by 
the heads of the executive agencies under subsection (a). The 
Commission shall submit a copy of such report to the Congress on the 
same date on which it submits its recommendations to the President 
under paragraph (2).
    (4) After the Commission submits recommendations to the President 
under this subsection, the Commission shall promptly provide, upon 
request, to any Member or committee of Congress information used by the 
Commission in making its recommendations.
    (5) The Comptroller General of the United States shall--
            (A) assist the Commission, to the extent requested, in the 
        Commission's review and analysis of the recommendations made by 
        the heads of the executive agencies under subsection (c); and
            (B) submit to the Congress and to the Commission a report 
        containing a detailed analysis of the heads of executive 
        agencies' recommendations and selection process, including an 
        assessment of whether such recommendations comply with the 
        purposes of this Act.
    (c) Review by the President.--(1) No later than September 1, 1995, 
the President shall approve or disapprove the report submitted under 
subsection (b)(2)(A).
    (2) If the report is approved the President shall submit the report 
to the Congress for legislative action under section 5.
    (3) If the President disapproves the report, the President shall 
report specific issues and objections, including the reasons for any 
changes recommended in the report, to the Commission and the Congress.
    (4) The Commission shall consider any issues or objections raised 
by the President and may modify the report based on such issues and 
objections. No later than 30 days after receipt of the President's 
disapproval under paragraph (3), the Commission shall submit the final 
report (as modified if modified) to the Congress for legislative action 
under section 5.

SEC. 5. CONGRESSIONAL CONSIDERATION OF COMMISSION REPORT.

    (a) Definitions.--For purposes of this section--
            (1) the term ``implementation bill'' means only a bill 
        which is introduced as provided under subsection (b), and 
        contains the proposed legislation contained in the final report 
        submitted to the Congress under section 4(c) (2) or (4) without 
        modification; and
            (2) the term ``session day'' means a day that both the 
        Senate and the House of Representatives are in session.
    (b) Introduction and Referral.--(1) On the first session day on or 
immediately following the date on which a final report is submitted to 
the Congress under section 4(c) (2) or (4), an implementation bill 
shall be introduced--
            (A) in the Senate by the Majority Leader of the Senate, for 
        himself, the Minority Leader of the Senate, or by Members of 
        the Senate designated by the Majority Leader and Minority 
        Leader of the Senate; and
            (B) in the House of Representatives by the Majority Leader 
        of the House of Representatives, for himself 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 of Representatives.
    (2) The implementation bill introduced in the Senate shall be 
referred concurrently to the Committee on Governmental Affairs of the 
Senate, and other committees with jurisdiction. The implementation bill 
introduced in the House of Representatives shall be referred 
concurrently to the Committee on Government Operations of the House of 
Representatives, and other committees with jurisdiction.
    (c) Discharge.--If the committee to which an implementation bill is 
referred has not reported such bill by the end of the 15 session day 
period beginning on the date of introduction of such bill, such 
committee shall be, at the end of such period, discharged from further 
consideration of such bill, and such bill shall be placed on the 
appropriate calendar of the House involved.
    (d) Consideration.--(1) On or after the fifth session day after the 
date on which the committee to which such a bill is referred has 
reported, or has been discharged (under subsection (c)) from further 
consideration of, such a bill, it is in order (even though a previous 
motion to the same effect has been disagreed to) for any Member of the 
respective House to move to proceed to the consideration of the 
implementation bill (but only on the day after the calendar day on 
which such Member announces to the House concerned the Member's 
intention to do so). All points of order against the implementation 
bill (and against consideration of the implementation bill) are waived. 
The motion is highly privileged in the House of Representatives and is 
privileged in the Senate and is not debatable. The motion is not 
subject to amendment, or to a motion to postpone, or to a motion to 
proceed to the consideration of other business. A motion to reconsider 
the vote by which the motion is agreed to or disagreed to shall not be 
in order. If a motion to proceed to the consideration of the 
implementation bill is agreed to, the respective House shall 
immediately proceed to consideration of the implementation bill without 
intervening motion, order, or other business, and the implementation 
bill shall remain the unfinished business of the respective House until 
disposed of.
    (2) Debate on the implementation bill, and on all debatable motions 
and appeals in connection therewith, shall be limited to not more than 
10 hours, which shall be divided equally between the Majority Leader 
and the Minority Leader or their designees. An amendment to the 
implementation bill is not in order. A motion further to limit debate 
is in order and not debatable. A motion to postpone, or a motion to 
proceed to the consideration of other business, or a motion to recommit 
the implementation bill is not in order. A motion to reconsider the 
vote by which the implementation bill is agreed to or disagreed to is 
not in order.
    (3) Immediately following the conclusion of the debate on an 
implementation bill and a single quorum call at the conclusion of the 
debate if requested in accordance with the rules of the appropriate 
House, the vote on final passage of the implementation bill shall 
occur.
    (4) Appeals from the decisions of the Chair relating to the 
application of the rules of the Senate or the House of Representatives, 
as the case may be, to the procedure relating to an implementation bill 
shall be decided without debate.
    (e) Consideration by Other House.--(1) If, before the passage by 
one House of an implementation bill of that House described in 
subsection (a), that House receives from the other House an 
implementation bill described in subsection (a), then the following 
procedures shall apply:
            (A) The implementation bill of the other House shall not be 
        referred to a committee and may not be considered in the House 
        receiving it except in the case of final passage as provided in 
        subparagraph (B)(ii).
            (B) With respect to an implementation bill described in 
        subsection (a) of the House receiving such bill--
                    (i) the procedure in that House shall be the same 
                as if no implementation bill had been received from the 
                other House; but
                    (ii) the vote on final passage shall be on the 
                implementation bill of the other House, except that if 
                the implementation bill is a bill for the raising of 
                revenue, the vote of final passage shall be upon the 
                implementation bill which originates in the House of 
                Representatives.
    (2) Upon disposition of the implementation bill received from the 
other House, it shall no longer be in order to consider the 
implementation bill that originated in the receiving House.
    (f) Rules of the Senate and House.--This section is enacted by 
Congress--
            (1) as an exercise of the rulemaking power of the Senate 
        and House of Representatives, respectively, and as such it is 
        deemed a part of the rules of each House, respectively, but 
        applicable only with respect to the procedure to be followed in 
        that House in the case of an implementation bill described in 
        subsection (a), and it supersedes other rules only to the 
        extent that it is inconsistent with such rules; and
            (2) with full recognition of the constitutional right of 
        either House to change the rules (so far as relating to the 
        procedure of that House) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of that 
        House.

SEC. 6. DISTRIBUTION OF ASSETS.

    Any proceeds from the sale of assets of any department or agency 
resulting from the enactment of an Act under section 5 shall be--
            (1) applied to reduce the Federal deficit; and
            (2) deposited in the Treasury and treated as general 
        receipts.

SEC. 7. ADDITIONAL APPROPRIATIONS BASED ON AGENCY SAVINGS.

    It is the sense of the Congress that--
            (1) in the fiscal year immediately following a 
        recommendation submitted under section 4(a)(1) there should be 
        appropriated to each agency an amount no less than 25 percent 
        of the amount of the estimate of administrative savings 
        determined under section 4(a)(2) applicable to such agency in 
        the 3 fiscal years following the submission of the 
        recommendation; and
            (2) the appropriated amount described under paragraph (1) 
        should be--
                    (A) appropriated funds in addition to funds which 
                would otherwise be appropriated to such agency if not 
                for the provisions of this Act; and
                    (B) made available for expenditure at the 
                discretion of the head of such agency to improve such 
                agency's management, efficiency, or productivity.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as necessary to 
carry out the provisions of this Act.

                                 <all>

S 1187 IS----2