I
103D CONGRESS
1ST SESSION
H. R. 2954
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 facili-
ties, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 6, 1993
Mr. KASICH (for himself, Mr. GORDON, Mr. GREENWOOD, Mr. MCMILLAN,
Mr. HANCOCK, Mr. PARKER, Mr. CRANE, Mr. DORNAN, Mr. FINGERHUT,
Mr. CASTLE, and Mr. LEVY) introduced the following bill; which was re-
ferred jointly to the Committees on Government Operations and Rules
A BILL
To establish a Civilian Facilities Closure and Realignment
Commission to reduce unnecessary spending in the Fed-
eral 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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Civilian Facilities Clo-
sure 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 realign-
ing 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 mis-
sion of the administering agency.
SEC. 3. THE CIVILIAN FACILITIES CLOSURE AND REALIGN-
MENT COMMISSION.
(a) ESTABLISHMENT.—There is established an inde-
pendent commission to be known as the ‘‘Civilian Facili-
ties 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 appoint-
ment to the Commission.
(2) In selecting individuals for nominations for ap-
pointments to the Commission, the President should con-
sult with—
(A) the Speaker of the House of Representa-
tives concerning the appointment of one member;
(B) the majority leader of the Senate concern-
ing the appointment of one member;
(C) the minority leader of the House of Rep-
resentatives concerning the appointment of one
member; and
(D) the minority leader of the Senate concern-
ing 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 Commis-
sion, other than meetings in which classified information
is to be discussed, shall be open to the public.
(2) All the proceedings, information, and delibera-
tions 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 equiva-
lent 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 with-
out 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 chap-
ter 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 per-
sonnel 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 employ-
ees, to the Commission in accordance with an agreement
entered into with the Commission.
(j) CONSULTANTS AND PROPERTY.—(1) The Com-
mission 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 per-
sonal property to the extent funds are available.
(k) FUNDING.—There are authorized to be appro-
priated 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 Depart-
ment of Defense) shall submit to the Commission rec-
ommendations for closing or realigning civilian facilities
administered by such agency. The recommendations shall
include a statement providing rationale for the rec-
ommended closure or realignment.
(2) The Office of Management and Budget shall sub-
mit to the Commission with each recommendation submit-
ted under paragraph (1), an estimate of the administrative
costs and savings that would result from the implementa-
tion of such recommendation for the 5 fiscal years follow-
ing such implementation.
(b) REVIEW AND RECOMMENDATIONS BY THE COM-
MISSION.—(1) After receiving the recommendations from
the heads of executive agencies under subsection (a), the
Commission shall conduct public hearings on the rec-
ommendations. Such hearings shall be conducted in the
District of Columbia 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 recommenda-
tions made by the heads of executive agencies and
from public hearings;
(ii) the Commission’s recommendations for clo-
sures 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 rec-
ommendations, 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 subpara-
graph (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) conducts a public hearing on the proposed
change.
(D) Subparagraph (C) shall apply to a change by the
Commission in the heads of executive agencies’ rec-
ommendations that would—
(i) add a facility to the list of facilities rec-
ommended by the applicable head of an executive
agency for closure;
(ii) add a facility to the list of facilities rec-
ommended 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 dif-
ferent from the recommendations made by the heads of
the executive agencies under subsection (a). The Commis-
sion 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 Commis-
sion in making its recommendations.
(5) The Comptroller General of the United States
shall—
(A) assist the Commission, to the extent re-
quested, in the Commission’s review and analysis of
the recommendations made by the heads of the exec-
utive agencies under subsection (c); and
(B) submit to the Congress and to the Commis-
sion a report containing a detailed analysis of the
heads of executive agencies’ recommendations and
selection process, including an assessment of wheth-
er 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 dis-
approve the report submitted under subsection (b)(2)(A).
(2) If the President approves the report, the Presi-
dent shall submit the report to the Congress for legislative
action under section 5.
(3) If the President disapproves the report, the Presi-
dent 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 ob-
jections 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 para-
graph (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 sub-