[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2967 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 2967
To establish the Commission on Intergovernmental Relations of the
United States to facilitate the fullest cooperation, coordination, and
mutual accountability among all levels of government, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 3, 2019
Mr. Alexander (for himself and Ms. Sinema) introduced the following
bill; which was read twice and referred to the Committee on Homeland
Security and Governmental Affairs
_______________________________________________________________________
A BILL
To establish the Commission on Intergovernmental Relations of the
United States to facilitate the fullest cooperation, coordination, and
mutual accountability among all levels of government, 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 ``Restore the Partnership Act''.
SEC. 2. ESTABLISHMENT.
There is established a permanent, bipartisan commission to be known
as the ``Commission on Intergovernmental Relations of the United
States'' (in this Act referred to as the ``Commission'').
SEC. 3. DECLARATION OF PURPOSE.
(a) In General.--In order to facilitate the fullest cooperation,
coordination, and mutual accountability among all levels of government
and thus better serve the people of the United States in an
increasingly complex society, it is essential that a commission be
established to give continuing attention to federalism and
intergovernmental issues.
(b) Activities.--It is intended that the Commission, in the
performance of the duties of the Commission, will--
(1) convene representatives of Federal, State, Tribal, and
local governments for the consideration of common problems;
(2) provide a forum for discussing ways to improve the
administration and coordination of Federal grant-in-aid,
regulatory, tax, and other programs requiring intergovernmental
cooperation, and to give State, Tribal, and local governments
more flexibility and discretion in implementing Federal
policies and programs;
(3) give critical attention to the conditions, controls,
and oversight involved in the administration of such Federal
programs;
(4) share lessons and best practices with Federal, State,
Tribal, and local governments;
(5) encourage discussion and study during the early stages
of emerging public challenges that are likely to require
intergovernmental cooperation;
(6) advise the executive and legislative branches of the
Federal Government on ways to improve the intergovernmental
operations of the White House and Federal agencies, including
their offices of intergovernmental affairs and use of
administrative waivers;
(7) identify the intergovernmental impacts of rulings by
the United States Supreme Court on Federal, State, Tribal, and
local governments; and
(8) recommend, within the framework of the United States
Constitution, the appropriate allocation of governmental
functions, responsibilities, revenues, and expenditures among
the levels of government.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 31
members, of whom--
(1) 6 members shall be appointed by the President, of
whom--
(A) 3 shall be officers of the executive branch of
the Federal Government; and
(B) 3 shall be private citizens, each of whom,
respectively, shall have experience or familiarity with
relations between the levels of government;
(2) 3 members shall be appointed by the majority leader of
the Senate, who shall be Members of the Senate;
(3) 3 members shall be appointed by the Speaker of the
House of Representatives, who shall be Members of the House of
Representatives;
(4) 4 members shall be appointed by the President from a
panel of not less than 8 Governors submitted by the National
Governors Association;
(5) 4 members shall be appointed by the President from a
panel of not less than 8 members of State legislative bodies
submitted by the National Conference of State Legislatures;
(6) 4 members shall be appointed by the President from a
panel of not less than 8 mayors submitted jointly by the
National League of Cities and the United States Conference of
Mayors;
(7) 4 members shall be appointed by the President from a
panel of not less than 8 elected county officers submitted by
the National Association of Counties;
(8) 1 member shall be appointed by the President from a
panel of not less than 4 town or township elected governing
board members submitted by the National Association of Towns
and Townships; and
(9) 2 members shall be appointed by the President from a
panel of not less than 4 Tribal officials submitted by the
National Congress of American Indians.
(b) Political and Geographical Composition.--The political and
geographic composition of the Commission shall be as follows:
(1) The private citizen members under subsection (a)(1)
shall be appointed without regard to political affiliation.
(2) Two of the appointees under paragraphs (2) and (3) of
subsection (a), respectively, shall be from the majority party
of the applicable House of Congress.
(3) Not more than 2 of the appointees under paragraphs (4),
(5), (6), and (7) of subsection (a), respectively, shall be
from any 1 political party.
(4) Not more than 1 of the appointees under paragraphs (5),
(6), (7), and (9) of subsection (a), respectively, shall be
from any 1 State.
(5) Not less than 1 of the appointees under subsection
(a)(6) shall be from cities with a population of more than
500,000, and not less than 1 of the appointees under subsection
(a)(6) shall be from cities with a population of less than
50,000.
(6) Not less than 1 of the appointees under subsection
(a)(7) shall be from counties with a population of more than
500,000, and not less than 1 of the appointees under subsection
(a)(7) shall be from counties with a population of less than
50,000.
(7) The appointee under subsection (a)(8) shall not be a
member of the party of the President.
(8) One of the appointees under subsection (a)(9) shall be
an official of an Indian tribe engaged in class II gaming or
class III gaming, as such terms are defined in section 4 of the
Indian Gaming Regulatory Act (25 U.S.C. 2703), respectively,
and the other appointee under subsection (a)(9) shall be an
official of an Indian tribe that is not engaged in such gaming.
(c) Initial Appointments.--Each initial appointment under
subsection (a) shall be made not later than 60 days after the date of
enactment of this Act.
(d) Terms.--
(1) In general.--Each member of the Commission shall--
(A) serve a term of 2 years;
(B) be eligible for reappointment; and
(C) except as provided in paragraph (2), continue
to serve until a successor is appointed.
(2) Termination of service in official position from which
originally appointed.--If any member of the Commission ceases
to serve in the official position to which the member was
appointed under subsection (a), the place of the member on the
Commission shall be deemed to be vacant.
(3) Vacancies in membership.--
(A) In general.--Except as provided in subparagraph
(B), any vacancy in the membership of the Commission
shall be filled for the remainder of the vacant term in
the same manner in which the original appointment was
made.
(B) Exception.--If the number of vacancies in the
membership of the Commission is fewer than the number
of members specified in paragraphs (4), (5), (6), (7),
and (8) of subsection (a), each panel of names
submitted in accordance with the those paragraphs shall
contain not less than 2 names for each vacancy.
SEC. 5. ORGANIZATION OF COMMISSION.
(a) Initial Meeting.--The President shall convene the Commission
not later than 90 days after the date of enactment of this Act at such
time and place as the President may designate.
(b) Chair and Vice Chair.--
(1) In general.--The President shall designate a Chair and
a Vice Chair of the Commission from among the members of the
Commission.
(2) Process for election.--After the President designates a
Chair and Vice Chair under paragraph (1), the Commission may
subsequently establish a process for electing a Chair and Vice
Chair.
(c) Quorum.--Seventeen members of the Commission shall constitute a
quorum, but 2 or more members, representing more than 1 of the class of
members described in section 4(a), shall constitute a quorum for the
purpose of conducting hearings.
SEC. 6. DUTIES OF COMMISSION.
(a) In General.--The Commission shall--
(1) engage in such activities and make such studies,
investigations, convenings, and communications as are necessary
or desirable in the accomplishment of the purposes set forth in
section 3;
(2) consider, on its own initiative, mechanisms for
fostering better relations and more productive partnerships
between and among the levels of government;
(3) make available technical assistance to the executive
and legislative branches of the Federal Government in the
review of proposed legislation to determine the overall effect
of the proposed legislation on all levels of government;
(4) recommend, within the framework of the United States
Constitution, the appropriate allocation of governmental
functions, responsibilities, revenues, and expenditures among
the levels of government;
(5) recommend ways to improve the management, performance,
and coordination of Federal grant-in-aid and regulatory
programs on State, Tribal, and local governments, including
metrics to inform intergovernmental improvements; and
(6) recommend methods of coordinating and simplifying tax
laws and administrative policies and practices to achieve a
more orderly and less competitive fiscal relationship between
the levels of government and to reduce the burden of compliance
for taxpayers.
(b) Reports.--
(1) Annual report.--Not later than 1 year after the date of
enactment of this Act, and on or before January 31 of each year
thereafter, the Commission shall submit to the President and
Congress a report that--
(A) identifies trends in federalism, emerging and
persistent issues needing intergovernmental attention,
data needs, and areas requiring intergovernmental
cooperation and coordination for better outcomes;
(B) summarizes any actions taken in accordance with
the recommendations of the Commission contained in any
prior report, and the results thereof;
(C) contains the recommendations described in
subsection (a) made in the year preceding the
submission of the report;
(D) provide details on the activities,
administration, expenditures, and receipts of the
Commission; and
(E) communicate any other matters as the Commission
may determine important.
(2) Additional reports.--The Commission may submit
additional reports to the President, to Congress or any
committee of Congress, and to any unit of government or
organization as the Commission may determine appropriate.
(c) Hearings.--Not later than 90 days after the date on which
Congress receives a report described in subsection (b)(1), Congress
shall hold hearings on the recommendations of the Commission.
SEC. 7. POWERS AND ADMINISTRATIVE PROVISIONS.
(a) Hearings and Sessions.--
(1) In general.--The Commission or, on the authorization of
the Commission, any subcommittee or members thereof, may, for
the purpose of carrying out the provisions of this Act, hold
such hearings, take such testimony, and sit and act at such
times and places as the Commission determines to be advisable.
(2) Oaths and affirmations.--Any member authorized by the
Commission may administer oaths or affirmations to witnesses
appearing before the Commission or any subcommittee or members
thereof.
(b) Cooperation by Executive Agencies.--
(1) Request for information.--Each department, agency, and
instrumentality of the executive branch of the Federal
Government, including each independent agency, is authorized
and directed, consistent with law, to furnish to the
Commission, upon request made by the Chair or Vice Chair, such
information as the Commission determines to be necessary to
carry out the functions of the Commission under this Act.
(2) Recommendations.--The Commission shall furnish to any
department, agency, or instrumentality of the executive branch
of the Federal Government, including independent agencies, any
recommendations directed toward the department, agency, or
instrumentality, and the department, agency, or instrumentality
shall furnish the Commission within 90 days a written response
that shall be included in any publication of the
recommendations of the Commission.
(c) Executive Director.--The Commission shall have power to appoint
and remove an Executive Director--
(1) who shall be paid at the rate of basic pay for level
III of the Executive Schedule under section 5314 of title 5,
United States Code; and
(2) the appointment of whom shall be made solely on the
basis of fitness to perform the duties of the position and
without regard to political affiliation.
(d) Staff.--Subject to such rules and regulations as may be adopted
by the Commission, the Executive Director shall have the power to--
(1) appoint, fix the compensation of, and remove such other
personnel as he or she determines to be necessary; and
(2) procure temporary and intermittent services to the same
extent as is authorized by section 3109 of title 5, United
States Code.
(e) Applicability of Other Laws to Employees.--Except as otherwise
provided in this Act, persons in the employ of the Commission under
subsections (c) and (d)(1) shall be considered Federal employees for
all purposes.
(f) Maximum Compensation of Employees.--Any individual in the
employ of the Commission under subsection (d)(1) may not be paid at a
rate of pay greater than the highest rate of basic pay provided under
the General Schedule under section 5332 of title 5, United States Code.
SEC. 8. APPLICATION OF THE FEDERAL ADVISORY COMMITTEE ACT.
Section 3(2) of the Federal Advisory Committee Act (5 U.S.C. App)
is amended, in the matter following subparagraph (C)--
(1) by striking ``and'' before ``(ii)''; and
(2) by striking ``Administration'' and inserting
``Administration, and (iii) the Commission on Intergovernmental
Relations of the United States''.
SEC. 9. REIMBURSEMENT.
Members of the Commission shall be entitled to reimbursement for
travel, subsistence, and other necessary expenses incurred by them in
the performance of their duties as members of the Commission.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act.
SEC. 11. RECEIPT OF OTHER FUNDS.
The Commission is authorized to receive funds through grants,
contracts, and contributions from governmental agencies, foundations,
and nonprofit organizations. Such funds may be received and expended by
the Commission only for the purposes of carrying out this Act.
SEC. 12. REPEAL OF ADVISORY COMMISSION ON INTERGOVERNMENTAL AFFAIRS.
``An Act to establish an Advisory Commission on Intergovernmental
Affairs'', approved September 24, 1959 (Public Law 86-380; 42 U.S.C.
4271 et seq.), is repealed.
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