[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2269 Introduced in Senate (IS)]

<DOC>






114th CONGRESS
  1st Session
                                S. 2269

   To establish the Government Transformation Board to make certain 
  recommendations to improve the economy of the United States and the 
           efficiency and effectiveness of Federal programs.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 10, 2015

 Mr. Kirk (for himself and Mr. Manchin) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
   To establish the Government Transformation Board to make certain 
  recommendations to improve the economy of the United States and the 
           efficiency and effectiveness of Federal programs.

    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 ``Government Transformation Act of 
2015''.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the term ``Board'' means the Government Transformation 
        Board established under section 3 to assist the President and 
        Congress in transforming the Federal Government;
            (2) the term ``duplicative program'' means a program 
        performed by a Federal agency that performs essentially the 
        same or a very similar function as a program performed by a 
        different Federal agency with a different management and 
        implementation structure;
            (3) the term ``Federal agency'' has the meaning given the 
        term ``Executive agency'' in section 105 of title 5, United 
        States Code;
            (4) the term ``Federal program'' means any function, 
        project, or activity of a Federal agency that is--
                    (A) an organized set of activities;
                    (B) directed towards a common purpose or goal; and
                    (C) undertaken or proposed to be undertaken in 
                order to carry out the responsibilities of the Federal 
                agency;
            (5) the term ``implementation bill'' means a bill that--
                    (A) is introduced under section 8(a); and
                    (B) contains the proposed legislative text 
                described in section 4(b)(2)(B)(i)(I)(aa), without 
                modification; and
            (6) the term ``member'' means a member of the Board 
        appointed under section 5(a).

SEC. 3. ESTABLISHMENT.

    There is established a Board to be known as the ``Government 
Transformation Board''.

SEC. 4. DUTIES OF THE BOARD.

    (a) In General.--The Board shall--
            (1) develop and maintain approved criteria for the 
        selection, prioritization, and scheduling of program reviews 
        required under paragraphs (2), (3), and (4);
            (2) review programs of governmental and nongovernmental 
        entities and conduct original research on the organizational 
        practices, operations, and reform efforts of Federal agencies 
        to--
                    (A) determine whether the practices, operations, 
                and efforts are--
                            (i) useful;
                            (ii) duplicative;
                            (iii) efficient;
                            (iv) effective; and
                            (v) economical; and
                    (B) make the recommendations required under 
                paragraphs (2) and (4) of subsection (b);
            (3) analyze organizational practices and management 
        challenges of Federal agencies and make recommendations as 
        described in paragraphs (2) and (4) of subsection (b);
            (4) identify--
                    (A) best practices of Federal agencies; and
                    (B) opportunities for Federal agencies to share--
                            (i) methods;
                            (ii) tools;
                            (iii) systems; and
                            (iv) technologies;
            (5) coordinate input from appropriate Federal agencies and 
        provide opportunities for the Board to accept ideas on 
        improving Government performance from--
                    (A) Federal employees;
                    (B) citizens of the United States; and
                    (C) other interested parties;
            (6) upon request, provide information on activities of the 
        Board to--
                    (A) the Government Accountability Office;
                    (B) the Congressional Budget Office;
                    (C) the Office of Management and Budget;
                    (D) other Federal agencies;
                    (E) the Office of the Inspector General of each 
                Federal agency;
                    (F) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    (G) the Committee on Oversight and Government 
                Reform of the House of Representatives;
            (7) conduct post-transformation follow-up reviews and 
        report on the gains in efficiency and effectiveness;
            (8) serve as a repository for best practices and successful 
        processes, systems, and technologies to support Federal 
        agencies in efforts to improve efficiency and effectiveness;
            (9) in order to build a culture of efficiency and 
        effectiveness across the Government, provide training and 
        education to Federal employees who are on detail to the Board 
        about--
                    (A) program improvement;
                    (B) Government transformation;
                    (C) efficiency; and
                    (D) effectiveness;
            (10) review program assessments performed by Federal 
        agencies; and
            (11) maintain the privacy and security of data as required 
        by law.
    (b) Reports and Recommendations.--
            (1) Semiannual activity reports.--Not later than 6 months 
        after the date on which all members of the Board have been 
        appointed and every 6 months thereafter, the Board shall submit 
        to the President and Congress an activity report that describes 
        the activities of the Board and that shall include--
                    (A) the overall findings and conclusions of the 
                Board;
                    (B) suggestions for implementing the best practices 
                of Federal agencies identified under subsection (a)(4) 
                in other Federal agencies;
                    (C) a summary of proposals made in the preceding 
                12-month period for legislation, administrative action, 
                or executive action that include recommendations for 
                improvement or investment in Federal programs, or 
                elimination, reduction, or consolidation of Federal 
                programs; and
                    (D) other outcomes of the activities of the Board, 
                including--
                            (i) training;
                            (ii) Government transformation results; and
                            (iii) best practice and lessons learned 
                        sharing.
            (2) Recommendations for improvements.--
                    (A) In general.--The Board shall submit to the 
                President and Congress, as soon as practicable after 
                the completion of an assessment of a Federal program, 
                specific recommendations for the improvement of the 
                effectiveness, efficiency, and economy of the Federal 
                program.
                    (B) Recommendations.--The recommendations described 
                in subparagraph (A)--
                            (i) shall include--
                                    (I) where appropriate, proposed--
                                            (aa) legislative text;
                                            (bb) administrative action;
                                            (cc) further investment; or
                                            (dd) executive action;
                                    (II) recommendations for the--
                                            (aa) improvement of or 
                                        investment in Federal programs; 
                                        or
                                            (bb) elimination, 
                                        reduction, or consolidation of 
                                        Federal programs; and
                            (ii) may include recommendations about 
                        areas for which--
                                    (I) managerial accountability can 
                                be enhanced; and
                                    (II) administrative controls can be 
                                improved.
            (3) Reports on historical data.--Not later than 4 years 
        after the date on which all members of the Board have been 
        appointed, and every 2 years thereafter, the Board shall submit 
        to the President and Congress a report on historical data and 
        trends in the information studied by the Board, including any 
        available evidence of cost savings.
            (4) Reports made public.--Each report submitted under this 
        subsection shall be made available to the public not later than 
        90 days after the date on which the report is submitted, 
        including all--
                    (A) findings;
                    (B) recommendations;
                    (C) justifications; and
                    (D) results of Federal program transformation 
                efforts.
    (c) Opportunity for Federal Employees.--Any reduction in force 
resulting from the implementation of Government transformation 
recommendations of the Board shall be governed by chapter 35 of title 
5, United States Code.

SEC. 5. MEMBERSHIP.

    (a) Number and Appointment.--The Board shall be composed of 7 
members to be appointed as follows:
            (1) The majority leader of the Senate shall appoint 1 
        member.
            (2) The minority leader of the Senate shall appoint 1 
        member.
            (3) The Speaker of the House of Representatives shall 
        appoint 1 member.
            (4) The minority leader of the House of Representatives 
        shall appoint 1 member.
            (5) The President shall appoint 3 members.
    (b) Restriction on Government Employees.--No individual may serve 
as a member of the Board while employed as an officer or employee of 
the Federal Government or any State or local government.
    (c) Membership Criteria.--The members of the Board shall include 
individuals--
            (1) recognized as having expertise in--
                    (A) accountability;
                    (B) efficiency;
                    (C) waste reduction;
                    (D) finance and economics; or
                    (E) actuarial sciences; and
            (2) who represent different professional backgrounds.
    (d) Political Affiliation.--Not more than 3 of the 7 members shall 
be registered as members of the same political party.
    (e) Deadline To Appoint Members.--All members of the Board shall be 
appointed not later than 90 days after the date of enactment of this 
Act.
    (f) Terms.--
            (1) In general.--Each member shall be appointed for a term 
        of 3 years.
            (2) Reappointment.--Each member may be reappointed for 1 
        additional term of 3 years.
            (3) Vacancies.--A vacancy on the Board shall be filled in 
        the manner in which the original appointment was made not later 
        than 90 days after the date on which the member leaves the 
        Board.
    (g) Co-Chairs.--
            (1) Selection.--Of the members appointed by the President 
        under subsection (a)(5), 2 members shall serve as co-
        Chairpersons of the Board.
            (2) Political affiliation of co-chairpersons.--The co-
        Chairpersons of the Board may not be members of the same 
        political party.
    (h) Travel Expenses.--While away from their homes or regular places 
of business in the performance of services for the Board, members shall 
receive travel expenses, including per diem in lieu of subsistence, in 
accordance with applicable provisions under subchapter I of chapter 57 
of title 5, United States Code.
    (i) Quorum.--Four members shall constitute a quorum but a lesser 
number may hold hearings.
    (j) Meetings.--The Board shall meet at the call of the co-
Chairpersons or a majority of the members. Members may attend meetings 
via teleconference.
    (k) Termination.--The Board shall terminate on September 30 of the 
sixth fiscal year beginning after the date of enactment of this Act.

SEC. 6. PERSONNEL MATTERS OF THE BOARD.

    (a) Executive Director and Staff.--
            (1) In general.--The co-Chairpersons, in consultation with 
        the President and Congress, shall appoint and may terminate an 
        Executive Director. The Executive Director shall be paid at a 
        rate equal to the daily equivalent of the annual rate of basic 
        pay for level V of the Executive Schedule under section 5316 of 
        title 5, United States Code.
            (2) Staff.--The Executive Director, with the approval of a 
        majority of the members of the Board, may appoint, set the pay 
        of, and terminate additional personnel.
    (b) Application of Certain Civil Service Laws.--The Executive 
Director and staff of the Board may be appointed without regard to the 
provisions of title 5, United States Code, governing appointments in 
the competitive service.
    (c) Conflicts of Interest.--A member or employee of the Board may 
not have a conflict of interest that is relevant to any activity of the 
Board.
    (d) Staff of Federal Agencies.--Upon request of the co-
Chairpersons, the head of any Federal department or agency may detail, 
on a reimbursable basis, any of the personnel of the Federal department 
or agency to the Board to assist the Board in carrying out the duties 
of the Board under this Act.
    (e) Experts and Consultants.--With the agreement of the co-
Chairpersons, the Board may procure temporary and intermittent services 
under section 3109(b) of title 5, United States Code, at a rate to be 
determined by the co-Chairs.
    (f) Contracting Authority.--The Board may contract with and 
compensate Federal agencies or private persons for products or services 
that are necessary for the Board to carry out the responsibilities of 
the Board under this Act.

SEC. 7. POWERS OF THE BOARD.

    (a) Hearings and Sessions.--The Board may, for the purpose of 
carrying out this Act and as the Board considers appropriate--
            (1) hold hearings;
            (2) sit and act at certain times and places;
            (3) take testimony;
            (4) receive evidence; and
            (5) administer oaths or affirmations to witnesses appearing 
        before the Board.
    (b) Powers of Members and Agents.--Any member or agent of the Board 
may, if authorized by the Board, take any action which the Board is 
authorized to take by this section.
    (c) Obtaining Official Data.--The Board may secure directly from 
any department or agency information necessary to enable it to carry 
out this section. Upon request of the co-Chairpersons, the head of the 
department or agency shall furnish that information to the Board on an 
agreed upon schedule.
    (d) Postal Services.--The Board may use the United States mails in 
the same manner and under the same conditions as other Federal 
agencies.

SEC. 8. EXPEDITED CONSIDERATION OF PROPOSALS BY CONGRESS.

    (a) Introduction.--Legislation submitted by the Board based on the 
proposed legislative text described in section 4(b)(2)(B)(i)(I)(aa) 
shall--
            (1) be introduced in the Senate (by request) on the next 
        day on which the Senate is in session after the date on which 
        the proposed legislation is submitted by the majority leader of 
        the Senate or by a Member of the Senate designated by the 
        majority leader of the Senate; and
            (2) shall be introduced in the House of Representatives (by 
        request) on the next legislative day after the date on which 
        the proposed legislation is submitted by the majority leader of 
        the House of Representatives or by a Member of the House of 
        Representatives designated by the majority leader of the House 
        of Representatives.
    (b) Consideration in the House of Representatives.--
            (1) Referral and reporting.--Any committee of the House of 
        Representatives to which an implementation bill is referred 
        shall report it to the House of Representatives without 
        amendment not later than 15 legislative days after the date on 
        which the implementation bill is referred to the committee. If 
        a committee fails to report the implementation bill within that 
        period, it shall be in order to move that the House of 
        Representatives discharge the committee from further 
        consideration of the implementation bill. Such a motion shall 
        not be in order after the last committee authorized to consider 
        the implementation bill reports it to the House of 
        Representatives or after the House of Representatives has 
        disposed of a motion to discharge the implementation bill. The 
        previous question shall be considered as ordered on the motion 
        to its adoption without intervening motion except 20 minutes of 
        debate equally divided and controlled by the proponent and an 
        opponent. If such a motion is adopted, the House of 
        Representatives shall proceed immediately to consider the 
        implementation bill in accordance with paragraphs (2) and (3). 
        A motion to reconsider the vote by which the motion is disposed 
        of shall not be in order.
            (2) Proceeding to consideration.--After the last committee 
        authorized to consider an implementation bill reports it to the 
        House of Representatives or has been discharged (other than by 
        motion) from its consideration, it shall be in order to move to 
        proceed to consider the implementation bill in the House of 
        Representatives. Such a motion shall not be in order after the 
        House of Representatives has disposed of a motion to proceed 
        with respect to the implementation bill. The previous question 
        shall be considered as ordered on the motion to its adoption 
        without intervening motion. A motion to reconsider the vote by 
        which the motion is disposed of shall not be in order.
            (3) Consideration.--An implementation bill shall be 
        considered as read. All points of order against the 
        implementation bill and against its consideration are waived. 
        The previous question shall be considered as ordered on an 
        implementation bill to its passage without intervening motion 
        except 2 hours of debate equally divided and controlled by the 
        proponent and an opponent and one motion to limit debate on the 
        implementation bill. A motion to reconsider the vote on passage 
        of an implementation bill shall not be in order.
            (4) Vote on passage.--The vote on passage of an 
        implementation bill shall occur not later than 90 days after 
        the date on which the implementation bill is submitted to 
        Congress.
    (c) Expedited Procedure in the Senate.--
            (1) Committee consideration.--An implementation bill 
        introduced in the Senate under subsection (a) shall be jointly 
        referred to the committee or committees of jurisdiction, which 
        committees shall report the bill without any revision and with 
        a favorable recommendation, an unfavorable recommendation, or 
        without recommendation, not later than 15 days after the date 
        on which the implementation bill is referred to the committee. 
        If any committee fails to report the implementation bill within 
        that period, that committee shall be automatically discharged 
        from consideration of the implementation bill, and the 
        implementation bill shall be placed on the appropriate 
        calendar.
            (2) Motion to proceed.--Notwithstanding rule XXII of the 
        Standing Rules of the Senate, it is in order, not later than 2 
        days of session after the date on which an implementation bill 
        is reported or discharged from all committees to which it was 
        referred, for the majority leader of the Senate or the majority 
        leader's designee to move to proceed to the consideration of 
        the implementation bill. It shall also be in order for any 
        Member of the Senate to move to proceed to the consideration of 
        the implementation bill at any time after the conclusion of 
        such 2-day period. A motion to proceed is in order even though 
        a previous motion to the same effect has been disagreed to. All 
        points of order against the motion to proceed to the 
        implementation bill are waived. The motion to proceed is not 
        debatable. The motion is not subject to a motion to postpone. 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 implementation bill shall remain the unfinished business 
        until disposed of.
            (3) Consideration.--All points of order against an 
        implementation bill and against consideration of an 
        implementation bill are waived. Consideration of an 
        implementation bill and of all debatable motions and appeals in 
        connection therewith shall not exceed a total of 30 hours which 
        shall be divided equally between the majority and minority 
        leaders or their designees. A motion further to limit debate on 
        an implementation bill is in order, shall require an 
        affirmative vote of three-fifths of the Members duly chosen and 
        sworn, and is not debatable. Any debatable motion or appeal is 
        debatable for not to exceed 1 hour, to be divided equally 
        between those favoring and those opposing the motion or appeal. 
        All time used for consideration of an implementation bill, 
        including time used for quorum calls and voting, shall be 
        counted against the total 30 hours of consideration.
            (4) Limits.--During consideration of an implementation 
        bill, a motion to postpone, a motion to proceed to the 
        consideration of other business, or a motion to recommit an 
        implementation bill is not in order.
            (5) Vote on passage.--If the Senate has proceeded to an 
        implementation bill, the vote on passage of an implementation 
        bill shall occur immediately following the conclusion of the 
        consideration of the implementation bill, and a single quorum 
        call at the conclusion of the debate if requested. The vote on 
        passage of an implementation bill shall occur not later than 90 
        days after the date on which the implementation bill is 
        submitted to Congress.
            (6) Rulings of the chair on procedure.--Appeals from the 
        decisions of the Chair relating to the application of the rules 
        of the Senate, as the case may be, to the procedure relating to 
        an implementation bill shall be decided without debate.
    (d) Amendment.--An implementation bill shall not be subject to 
amendment in either the House of Representatives or the Senate.
    (e) Consideration by the Other House.--
            (1) In general.--If, before passing an implementation bill, 
        one House receives from the other an implementation bill--
                    (A) the implementation bill of the other House 
                shall not be referred to a committee; and
                    (B) the procedure in the receiving House shall be 
                the same as if no implementation bill had been received 
                from the other House until the vote on passage, when 
                the implementation bill received from the other House 
                shall supplant the implementation bill of the receiving 
                House.
            (2) Revenue measure.--This subsection shall not apply to 
        the House of Representatives if the implementation bill 
        received from the Senate is a revenue measure.
    (f) Rules To Coordinate Action With Other House.--
            (1) Treatment of implementation bill of other house.--If 
        the Senate fails to introduce or consider an implementation 
        bill under this section, the implementation bill of the House 
        of Representatives shall be entitled to expedited floor 
        procedures under this section.
            (2) Treatment of companion measures in the senate.--If 
        following passage of an implementation bill in the Senate, the 
        Senate then receives the implementation bill from the House of 
        Representatives, the House-passed implementation bill shall not 
        be debatable. The vote on passage of the implementation bill in 
        the Senate shall be considered to be the vote on passage of the 
        implementation bill received from the House of Representatives.
            (3) Vetoes.--If the President vetoes an implementation 
        bill, debate on a veto message in the Senate under this section 
        shall be 1 hour equally divided between the majority and 
        minority leaders or their designees.
    (g) Loss of Privilege.--The provisions of this section shall cease 
to apply to an implementation bill if the implementation bill does not 
pass both Houses not later than 180 days after the implementation bill 
is submitted to Congress.
    (h) Rulemaking.--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, 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. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to the 
Board for fiscal years 2016 through 2021 such sums as may be necessary 
to carry out this Act.
    (b) Offset.--For each fiscal year following fiscal year 2016, the 
cost of carrying out this Act shall be offset, to the maximum extent 
practicable, by the reductions in sums appropriated because of 
recommendations proposed by the Board.
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