[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2967 Reported in Senate (RS)]
<DOC>
Calendar No. 617
116th CONGRESS
2d Session
S. 2967
[Report No. 116-314]
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
December 14, 2020
Reported by Mr. Johnson, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Restore the Partnership
Act''.</DELETED>
<DELETED>SEC. 2. ESTABLISHMENT.</DELETED>
<DELETED> 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'').</DELETED>
<DELETED>SEC. 3. DECLARATION OF PURPOSE.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Activities.--It is intended that the Commission, in
the performance of the duties of the Commission, will--</DELETED>
<DELETED> (1) convene representatives of Federal, State,
Tribal, and local governments for the consideration of common
problems;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (3) give critical attention to the conditions,
controls, and oversight involved in the administration of such
Federal programs;</DELETED>
<DELETED> (4) share lessons and best practices with Federal,
State, Tribal, and local governments;</DELETED>
<DELETED> (5) encourage discussion and study during the
early stages of emerging public challenges that are likely to
require intergovernmental cooperation;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (7) identify the intergovernmental impacts of
rulings by the United States Supreme Court on Federal, State,
Tribal, and local governments; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 4. MEMBERSHIP.</DELETED>
<DELETED> (a) Number and Appointment.--The Commission shall be
composed of 31 members, of whom--</DELETED>
<DELETED> (1) 6 members shall be appointed by the President,
of whom--</DELETED>
<DELETED> (A) 3 shall be officers of the executive
branch of the Federal Government; and</DELETED>
<DELETED> (B) 3 shall be private citizens, each of
whom, respectively, shall have experience or
familiarity with relations between the levels of
government;</DELETED>
<DELETED> (2) 3 members shall be appointed by the majority
leader of the Senate, who shall be Members of the
Senate;</DELETED>
<DELETED> (3) 3 members shall be appointed by the Speaker of
the House of Representatives, who shall be Members of the House
of Representatives;</DELETED>
<DELETED> (4) 4 members shall be appointed by the President
from a panel of not less than 8 Governors submitted by the
National Governors Association;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Political and Geographical Composition.--The political
and geographic composition of the Commission shall be as
follows:</DELETED>
<DELETED> (1) The private citizen members under subsection
(a)(1) shall be appointed without regard to political
affiliation.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (7) The appointee under subsection (a)(8) shall
not be a member of the party of the President.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Terms.--</DELETED>
<DELETED> (1) In general.--Each member of the Commission
shall--</DELETED>
<DELETED> (A) serve a term of 2 years;</DELETED>
<DELETED> (B) be eligible for reappointment;
and</DELETED>
<DELETED> (C) except as provided in paragraph (2),
continue to serve until a successor is
appointed.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Vacancies in membership.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 5. ORGANIZATION OF COMMISSION.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Chair and Vice Chair.--</DELETED>
<DELETED> (1) In general.--The President shall designate a
Chair and a Vice Chair of the Commission from among the members
of the Commission.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 6. DUTIES OF COMMISSION.</DELETED>
<DELETED> (a) In General.--The Commission shall--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (2) consider, on its own initiative, mechanisms
for fostering better relations and more productive partnerships
between and among the levels of government;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Reports.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) identifies trends in federalism,
emerging and persistent issues needing
intergovernmental attention, data needs, and areas
requiring intergovernmental cooperation and
coordination for better outcomes;</DELETED>
<DELETED> (B) summarizes any actions taken in
accordance with the recommendations of the Commission
contained in any prior report, and the results
thereof;</DELETED>
<DELETED> (C) contains the recommendations described
in subsection (a) made in the year preceding the
submission of the report;</DELETED>
<DELETED> (D) provide details on the activities,
administration, expenditures, and receipts of the
Commission; and</DELETED>
<DELETED> (E) communicate any other matters as the
Commission may determine important.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 7. POWERS AND ADMINISTRATIVE PROVISIONS.</DELETED>
<DELETED> (a) Hearings and Sessions.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Cooperation by Executive Agencies.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Executive Director.--The Commission shall have power
to appoint and remove an Executive Director--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Staff.--Subject to such rules and regulations as may
be adopted by the Commission, the Executive Director shall have the
power to--</DELETED>
<DELETED> (1) appoint, fix the compensation of, and remove
such other personnel as he or she determines to be necessary;
and</DELETED>
<DELETED> (2) procure temporary and intermittent services to
the same extent as is authorized by section 3109 of title 5,
United States Code.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 8. APPLICATION OF THE FEDERAL ADVISORY COMMITTEE
ACT.</DELETED>
<DELETED> Section 3(2) of the Federal Advisory Committee Act (5
U.S.C. App) is amended, in the matter following subparagraph (C)--
</DELETED>
<DELETED> (1) by striking ``and'' before ``(ii)'';
and</DELETED>
<DELETED> (2) by striking ``Administration'' and inserting
``Administration, and (iii) the Commission on Intergovernmental
Relations of the United States''.</DELETED>
<DELETED>SEC. 9. REIMBURSEMENT.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 10. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> There are authorized to be appropriated such sums as may
be necessary to carry out the provisions of this Act.</DELETED>
<DELETED>SEC. 11. RECEIPT OF OTHER FUNDS.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 12. REPEAL OF ADVISORY COMMISSION ON INTERGOVERNMENTAL
AFFAIRS.</DELETED>
<DELETED> ``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.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restore the Partnership Act''.
SEC. 2. ESTABLISHMENT.
There is established in the executive branch 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 Supreme Court of the United States on Federal, State,
Tribal, and local governments; and
(8) recommend, within the framework of the Constitution of
the United States, 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 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), 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 from 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 Constitution of
the United States, 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 for 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 until the Commission terminates, 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) provides details on the activities,
administration, expenditures, and receipts of the
Commission; and
(E) communicates any other matters as the
Commission may determine important.
(2) Report on programs carried out using federal funds.--
(A) In general.--Not later than 1 year after the
date on which the Commission holds its initial meeting
under section 5(a), and annually thereafter, the
Commission shall submit to Congress a report detailing,
to the greatest extent practicable, the programs,
initiatives, departments, offices, and any other
efforts carried out under the authority of a State,
local, or Tribal government for which not less than 50
percent of the funding is derived from Federal sources.
(B) Explanatory statement.--Each report required
under subparagraph (A) may contain an explanatory
statement that--
(i) states that the report does not contain
an exhaustive list of State, local, or Tribal
government activities funded by Federal
sources; and
(ii) describes any difficulties in
obtaining and compiling that information.
(C) Improvement.--The Commission shall improve the
detail and quantity of information included in each
subsequent report required under subparagraph (A).
(3) 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) Detail of agency personnel.--Upon request of the
Executive Director of the Commission, the head of any
department, agency, and instrumentality of the executive branch
of the Federal Government, including any independent agency,
may detail on a reimbursable basis any of the personnel of that
department, agency, and instrumentality to the Commission to
assist in carrying out this Act.
(3) 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, without regard to the provisions of
title 5, United States Code, governing appointments in the competitive
service, and without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to classification
and General Schedule pay rates--
(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, without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service, and
without regard to the provisions of chapter 51 and subchapter III of
chapter 53 of such title relating to classification and General
Schedule pay rates, the Executive Director shall have the power to--
(1) appoint, fix the compensation of, and remove such other
personnel as the Executive Director 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. TERMINATION.
The Commission shall terminate on the date that is 8 years after
the date of enactment of this Act.
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. 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. 11. REPEAL OF ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS.
The Act entitled ``An Act to establish an Advisory Commission on
Intergovernmental Relations'', approved September 24, 1959 (Public Law
86-380; 42 U.S.C. 4271 et seq.), is repealed.
Calendar No. 617
116th CONGRESS
2d Session
S. 2967
[Report No. 116-314]
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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.
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December 14, 2020
Reported with an amendment