II

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.

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 ‘‘Civilian Facilities Clo5 sure and Realignment Act of 1993’’.
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1 SEC. 2. PURPOSE.

2 The purpose of this Act is to reduce unnecessary

3 spending in the Federal Government by closing or realign4 ing duplicative, wasteful, or otherwise unnecessary civilian

5 facilities, including facilities that—

6 (1) have a cost to the Federal Government that

7 is out of proportion to the benefits provided through

8 the facility; or

9 (2) fail to further any legitimate goal or mis10 sion of the administering agency.

11 SEC. 3. THE CIVILIAN FACILITIES CLOSURE AND REALIGN12 MENT COMMISSION.

13 (a) ESTABLISHMENT.—There is established an inde14 pendent commission to be known as the ‘‘Civilian Facili15 ties Closure and Realignment Commission’’.

16 (b) DUTIES.—The Commission shall carry out the

17 duties specified for it in this Act.

18 (c) APPOINTMENT.—(1)(A) The Commission shall be

19 composed of seven members appointed by the President,

20 by and with the advice and consent of the Senate.

21 (B) No later than January 1, 1994, the President

22 shall submit to the Senate the nominations for appoint23 ment to the Commission.

24 (2) In selecting individuals for nominations for ap25 pointments to the Commission, the President should con26 sult with—
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1 (A) the Speaker of the House of Representa2 tives concerning the appointment of one member;

3 (B) the majority leader of the Senate concern4 ing the appointment of one member;

5 (C) the minority leader of the House of Rep6 resentatives concerning the appointment of one

7 member; and

8 (D) the minority leader of the Senate concern9 ing the appointment of one member.

10 (3) At the time the President nominates individuals

11 for appointment to the Commission, the President shall

12 designate one such individual who shall serve as Chairman

13 of the Commission.

14 (d) TERMS.—Each member of the Commission shall

15 serve until December 31, 1995, and may only be removed

16 by the President for cause.

17 (e) MEETINGS.—(1) Each meeting of the Commis18 sion, other than meetings in which classified information

19 is to be discussed, shall be open to the public.

20 (2) All the proceedings, information, and delibera21 tions of the Commission shall be open, upon request, to

22 any Member or committee of the Congress.

23 (f) VACANCIES.—A vacancy in the Commission shall

24 be filled in the same manner as the original appointment,

25 but the individual appointed to fill the vacancy shall serve
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1 only for the unexpired portion of the term for which the

2 individual’s predecessor was appointed.

3 (g) PAY AND TRAVEL EXPENSES.—(1)(A) Each

4 member, other than the Chairman, shall be paid at a rate

5 equal to the daily equivalent of the minimum annual rate

6 of basic pay payable for level IV of the Executive Schedule

7 under section 5315 of title 5, United States Code, for each

8 day (including travel time) during which the member is

9 engaged in the actual performance of duties vested in the

10 Commission.

11 (B) The Chairman shall be paid for each day referred

12 to in subparagraph (A) at a rate equal to the daily equiva13 lent of the minimum annual rate of basic pay payable for

14 level III of the Executive Schedule under section 5314 of

15 title 5, United States Code.

16 (2) Members shall receive travel expenses, including

17 per diem in lieu of subsistence, in accordance with sections

18 5702 and 5703 of title 5, United States Code.

19 (h) DIRECTOR OF STAFF.—(1) The Commission

20 shall, without regard to section 5311(b) of title 5, United

21 States Code, appoint a Director who has not served as

22 a Federal employee during the one-year period preceding

23 the date of such appointment.
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1 (2) The Director shall be paid at the rate of basic

2 pay payable for level IV of the Executive Schedule under

3 section 5315 of title 5, United States Code.

4 (i) STAFF.—(1) Subject to paragraphs (2) and (3),

5 the Director, with the approval of the Commission, may

6 appoint and fix the pay of additional personnel.

7 (2) The Director may make such appointments with8 out regard to the provisions of title 5, United States Code,

9 governing appointments in the competitive service, and

10 any personnel so appointed may be paid without regard

11 to the provisions of chapter 51 and subchapter III of chap12 ter 53 of that title relating to classification and General

13 Schedule pay rates, except that an individual so appointed

14 may not receive pay in excess of the maximum annual rate

15 of basic pay payable for a position above GS–15 of the

16 General Schedule.

17 (3) Upon request of the Director, the head of any

18 Federal department or agency may detail any of the per19 sonnel of that department or agency to the Commission

20 to assist the Commission in carrying out its duties under

21 this Act.

22 (4) The Comptroller General of the United States

23 shall provide assistance, including the detailing of employ24 ees, to the Commission in accordance with an agreement

25 entered into with the Commission.
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1 (j) CONSULTANTS AND PROPERTY.—(1) The Com2 mission may procure by contract, to the extent funds are

3 available, the temporary or intermittent services of experts

4 or consultants pursuant to section 3109 of title 5, United

5 States Code.

6 (2) The Commission may lease space and acquire per7 sonal property to the extent funds are available.

8 (k) FUNDING.—There are authorized to be appro9 priated to the Commission such funds as are necessary

10 to carry out its duties under this Act. Such funds shall

11 remain available until expended.

12 (l) TERMINATION.—The Commission shall terminate

13 on December 31, 1995.

14 SEC. 4. RECOMMENDATIONS AND REPORT FOR CIVILIAN

15 FACILITY CLOSURES AND REALIGNMENTS.

16 (a) AGENCY RECOMMENDATIONS.—(1) No later than

17 June 1, 1994, each head of an executive agency as defined

18 under section 105 of title 5, United States Code (except

19 for the Secretary of Defense with regard to the Depart20 ment of Defense) shall submit to the Commission rec21 ommendations for closing or realigning civilian facilities

22 administered by such agency. The recommendations shall

23 include a statement providing rationale for the rec24 ommended closure or realignment.
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1 (2) The Office of Management and Budget shall sub2 mit to the Commission with each recommendation submit3 ted under paragraph (1), an estimate of the administrative

4 costs and savings that would result from the implementa5 tion of such recommendation for the 5 fiscal years follow6 ing such implementation.

7 (b) REVIEW AND RECOMMENDATIONS BY THE COM8 MISSION.—(1) After receiving the recommendations from

9 the heads of executive agencies under subsection (a), the

10 Commission shall conduct public hearings on the rec11 ommendations. Such hearings shall be conducted in Wash12 ington, D.C. and in affected regions throughout the Unit13 ed States.

14 (2)(A) No later than June 1, 1995, the Commission

15 shall submit to the President a report containing—

16 (i) the Commission’s findings and conclusions

17 based on a review and analysis of the recommenda18 tions made by the heads of executive agencies and

19 from public hearings;

20 (ii) the Commission’s recommendations for clo21 sures and realignments of Federal facilities; and

22 (iii) proposed legislation (containing specific

23 language proposed to be enacted) to implement the

24 Commission’s recommendations.
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1 (B) Subject to subparagraph (C), in making its rec2 ommendations, the Commission may make changes in any

3 of the recommendations made by the heads of executive

4 agencies.

5 (C) In the case of a change described in subpara6 graph (D) in the recommendations made by the heads of

7 executive agencies, the Commission may make the change

8 only if the Commission—

9 (i) publishes a notice of the proposed change in

10 the Federal Register not less than 30 days before

11 submitting its recommendations to the President

12 under subparagraph (A); and

13 (ii) conduct a public hearing on the proposed

14 change.

15 (D) Subparagraph (C) shall apply to a change by the

16 Commission in the heads of executive agencies’ rec17 ommendations that would—

18 (i) add a facility to the list of facilities rec19 ommended by the applicable head of an executive

20 agency for closure;

21 (ii) add a facility to the list of facilities rec22 ommended by the applicable head of an executive

23 agency for realignment; or
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1 (iii) increase the extent of a realignment of a

2 particular facility recommended by the applicable

3 head of an executive agency.

4 (3) The Commission shall explain and justify in its

5 report submitted to the President under paragraph (2)

6 any recommendation made by the Commission that is dif7 ferent from the recommendations made by the heads of

8 the executive agencies under subsection (a). The Commis9 sion shall submit a copy of such report to the Congress

10 on the same date on which it submits its recommendations

11 to the President under paragraph (2).

12 (4) After the Commission submits recommendations

13 to the President under this subsection, the Commission

14 shall promptly provide, upon request, to any Member or

15 committee of Congress information used by the Commis16 sion in making its recommendations.

17 (5) The Comptroller General of the United States

18 shall—

19 (A) assist the Commission, to the extent re20 quested, in the Commission’s review and analysis of

21 the recommendations made by the heads of the exec22 utive agencies under subsection (c); and

23 (B) submit to the Congress and to the Commis24 sion a report containing a detailed analysis of the

25 heads of executive agencies’ recommendations and
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1 selection process, including an assessment of wheth2 er such recommendations comply with the purposes

3 of this Act.

4 (c) REVIEW BY THE PRESIDENT.—(1) No later than

5 September 1, 1995, the President shall approve or dis6 approve the report submitted under subsection (b)(2)(A).

7 (2) If the report is approved the President shall sub8 mit the report to the Congress for legislative action under

9 section 5.

10 (3) If the President disapproves the report, the Presi11 dent shall report specific issues and objections, including

12 the reasons for any changes recommended in the report,

13 to the Commission and the Congress.

14 (4) The Commission shall consider any issues or ob15 jections raised by the President and may modify the report

16 based on such issues and objections. No later than 30 days

17 after receipt of the President’s disapproval under para18 graph (3), the Commission shall submit the final report

19 (as modified if modified) to the Congress for legislative

20 action under section 5.

21 SEC. 5. CONGRESSIONAL CONSIDERATION OF COMMISSION

22 REPORT.

23 (a) DEFINITIONS.—For purposes of this section—

24 (1) the term ‘‘implementation bill’’ means only

25 a bill which is introduced as provided under sub-
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1 section (b), and contains the proposed legislation

2 contained in the final report submitted to the Con3 gress under section 4(c) (2) or (4) without modifica4 tion; and

5 (2) the term ‘‘session day’’ means a day that

6 both the Senate and the House of Representatives

7 are in session.

8 (b) INTRODUCTION AND REFERRAL.—(1) On the

9 first session day on or immediately following the date on

10 which a final report is submitted to the Congress under

11 section 4(c) (2) or (4), an implementation bill shall be in12 troduced—

13 (A) in the Senate by the Majority Leader of the

14 Senate, for himself, the Minority Leader of the Sen15 ate, or by Members of the Senate designated by the

16 Majority Leader and Minority Leader of the Senate;

17 and

18 (B) in the House of Representatives by the Ma19 jority Leader of the House of Representatives, for

20 himself and the Minority Leader of the House of

21 Representatives, or by Members of the House of

22 Representatives designated by the Majority Leader

23 and Minority Leader of the House of Representa24 tives.
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1 (2) The implementation bill introduced in the Senate

2 shall be referred concurrently to the Committee on Gov3 ernmental Affairs of the Senate, and other committees

4 with jurisdiction. The implementation bill introduced in

5 the House of Representatives shall be referred concur6 rently to the Committee on Government Operations of the

7 House of Representatives, and other committees with ju8 risdiction.

9 (c) DISCHARGE.—If the committee to which an im10 plementation bill is referred has not reported such bill by

11 the end of the 15 session day period beginning on the date

12 of introduction of such bill, such committee shall be, at

13 the end of such period, discharged from further consider14 ation of such bill, and such bill shall be placed on the ap15 propriate calendar of the House involved.

16 (d) CONSIDERATION.—(1) On or after the fifth ses17 sion day after the date on which the committee to which

18 such a bill is referred has reported, or has been discharged

19 (under subsection (c)) from further consideration of, such

20 a bill, it is in order (even though a previous motion to

21 the same effect has been disagreed to) for any Member

22 of the respective House to move to proceed to the consider23 ation of the implementation bill (but only on the day after

24 the calendar day on which such Member announces to the

25 House concerned the Member’s intention to do so). All
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1 points of order against the implementation bill (and

2 against consideration of the implementation bill) are

3 waived. The motion is highly privileged in the House of

4 Representatives and is privileged in the Senate and is not

5 debatable. The motion is not subject to amendment, or

6 to a motion to postpone, or to a motion to proceed to the

7 consideration of other business. A motion to reconsider the

8 vote by which the motion is agreed to or disagreed to shall

9 not be in order. If a motion to proceed to the consideration

10 of the implementation bill is agreed to, the respective

11 House shall immediately proceed to consideration of the

12 implementation bill without intervening motion, order, or

13 other business, and the implementation bill shall remain

14 the unfinished business of the respective House until dis15 posed of.

16 (2) Debate on the implementation bill, and on all de17 batable motions and appeals in connection therewith, shall

18 be limited to not more than 10 hours, which shall be di19 vided equally between the Majority Leader and the Minor20 ity Leader or their designees. An amendment to the imple21 mentation bill is not in order. A motion further to limit

22 debate is in order and not debatable. A motion to post23 pone, or a motion to proceed to the consideration of other

24 business, or a motion to recommit the implementation bill

25 is not in order. A motion to reconsider the vote by which
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1 the implementation bill is agreed to or disagreed to is not

2 in order.

3 (3) Immediately following the conclusion of the de4 bate on an implementation bill and a single quorum call

5 at the conclusion of the debate if requested in accordance

6 with the rules of the appropriate House, the vote on final

7 passage of the implementation bill shall occur.

8 (4) Appeals from the decisions of the Chair relating

9 to the application of the rules of the Senate or the House

10 of Representatives, as the case may be, to the procedure

11 relating to an implementation bill shall be decided without

12 debate.

13 (e) CONSIDERATION BY OTHER HOUSE.—(1) If, be14 fore the passage by one House of an implementation bill

15 of that House described in subsection (a), that House re16 ceives from the other House an implementation bill de17 scribed in subsection (a), then the following procedures

18 shall apply:

19 (A) The implementation bill of the other House

20 shall not be referred to a committee and may not be

21 considered in the House receiving it except in the

22 case of final passage as provided in subparagraph

23 (B)(ii).
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1 (B) With respect to an implementation bill de2 scribed in subsection (a) of the House receiving such

3 bill—

4 (i) the procedure in that House shall be

5 the same as if no implementation bill had been

6 received from the other House; but

7 (ii) the vote on final passage shall be on

8 the implementation bill of the other House, ex9 cept that if the implementation bill is a bill for

10 the raising of revenue, the vote of final passage

11 shall be upon the implementation bill which

12 originates in the House of Representatives.

13 (2) Upon disposition of the implementation bill re14 ceived from the other House, it shall no longer be in order

15 to consider the implementation bill that originated in the

16 receiving House.

17 (f) RULES OF THE SENATE AND HOUSE.—This sec18 tion is enacted by Congress—

19 (1) as an exercise of the rulemaking power of

20 the Senate and House of Representatives, respec21 tively, and as such it is deemed a part of the rules

22 of each House, respectively, but applicable only with

23 respect to the procedure to be followed in that

24 House in the case of an implementation bill de25 scribed in subsection (a), and it supersedes other
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1 rules only to the extent that it is inconsistent with

2 such rules; and

3 (2) with full recognition of the constitutional

4 right of either House to change the rules (so far as

5 relating to the procedure of that House) at any time,

6 in the same manner, and to the same extent as in

7 the case of any other rule of that House.

8 SEC. 6. DISTRIBUTION OF ASSETS.

9 Any proceeds from the sale of assets of any depart10 ment or agency resulting from the enactment of an Act

11 under section 5 shall be—

12 (1) applied to reduce the Federal deficit; and

13 (2) deposited in the Treasury and treated as

14 general receipts.

15 SEC. 7. ADDITIONAL APPROPRIATIONS BASED ON AGENCY

16 SAVINGS.

17 It is the sense of the Congress that—

18 (1) in the fiscal year immediately following a

19 recommendation submitted under section 4(a)(1)

20 there should be appropriated to each agency an

21 amount no less than 25 percent of the amount of the

22 estimate of administrative savings determined under

23 section 4(a)(2) applicable to such agency in the 3

24 fiscal years following the submission of the rec25 ommendation; and
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1 (2) the appropriated amount described under

2 paragraph (1) should be—

3 (A) appropriated funds in addition to

4 funds which would otherwise be appropriated to

5 such agency if not for the provisions of this

6 Act; and

7 (B) made available for expenditure at the

8 discretion of the head of such agency to im9 prove such agency’s management, efficiency, or

10 productivity.

11 SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

12 There are authorized to be appropriated such sums

13 as necessary to carry out the provisions of this Act.

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