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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.

S 1187 IS----2
Civilian Facilities Closure and Realignment Act of 1993 - Establishes the Civilian Facilities Closure and Realignment Commission.
Requires the heads of executive agencies (except for the Secretary of Defense) to submit recommendations for closing or realigning civilian facilities to the Commission. Directs the Office of Management and Budget to submit estimates of the administrative costs and savings that would result from the implementation of such recommendations to the Commission.
Requires the Commission to report its recommendations for closures and realignments of Federal facilities and proposed legislation to the President. Provides for presidential approval of the report.
Sets forth procedures for congressional consideration of the proposed legislation.
Requires proceeds from the sale of any agency's assets resulting from closures or realignments to be applied to reduce the Federal deficit and deposited in the Treasury and treated as general receipts.
Expresses the sense of the Congress that: (1) in the fiscal year immediately following the submission of an agency's recommendation, there should be appropriated to each agency at least 25 percent of the amount of estimated administrative savings applicable to such agency in the three fiscal years following such submission; and (2) the appropriated amount should be in addition to funds which would otherwise be appropriated if not for this Act and made available for expenditure to improve the agency's management, efficiency, or productivity.
Authorizes appropriations.