[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3480 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 3480
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 HOUSE OF REPRESENTATIVES
May 18, 2023
Mr. Connolly (for himself and Mr. Molinaro) introduced the following
bill; which was referred to the Committee on Oversight and
Accountability
_______________________________________________________________________
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 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.
To facilitate the fullest cooperation, coordination, and mutual
accountability among all levels of government and thus better serve the
American people in an increasingly complex society, it is essential
that a commission be established to give continuing attention to
federalism and intergovernmental issues. It is intended that the
Commission, in the performance of its duties, 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 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, as follows:
(1) Six members appointed by the President of the United
States, 3 of whom shall be officers of the executive branch of
the government, and 3 of whom shall be private citizens, each
of whom, respectively, shall have experience or familiarity
with relations between the levels of government.
(2) Three members appointed by the majority leader of the
Senate, who shall be Members of the Senate.
(3) Three members appointed by the Speaker of the House of
Representatives, who shall be Members of the House.
(4) Four members appointed by the President of the United
States from a panel of at least 8 Governors submitted by the
National Governors Association.
(5) Four members appointed by the President of the United
States from a panel of at least 8 members of State legislative
bodies submitted by the National Conference of State
Legislatures.
(6) Four members appointed by the President of the United
States from a panel of at least 8 mayors submitted jointly by
the National League of Cities and the United States Conference
of Mayors.
(7) Four members appointed by the President of the United
States from a panel of at least 8 elected county officers
submitted by the National Association of Counties.
(8) One member appointed by the President of the United
States from a panel of at least 4 town or township elected
governing board members submitted by the National Association
of Towns and Townships.
(9) Two members appointed by the President of the United
States from a panel of at least 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 paragraph (1) of
subsection (a) 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.
(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) At least 1 of the appointees under paragraph (6) of
subsection (a) shall be from cities with a population of more
than 500,000 and at least 1 of the appointees shall be from
cities with a population of less than 50,000.
(6) At least 1 of the appointees under paragraph (7) of
subsection (a) shall be from counties with a population of more
than 500,000 and at least 1 of the appointees shall be from
counties with a population of less than 50,000.
(7) The appointee under paragraph (8) of subsection (a)
shall not be a member of the party of the President.
(8) One of the appointees under paragraph (9) of subsection
(a) shall be a tribe engaged in class II gaming or class III
gaming, as such terms are defined by section 4 of the Indian
Gaming Regulatory Act (25 U.S.C. 2703), respectively, and 1
shall be a 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
the enactment of this Act.
(d) Terms.--
(1) In general.--The term of office of each member of the
Commission shall be two years; members shall be eligible for
reappointment; and, except as provided under paragraph (2),
members shall serve until their successors are appointed.
(2) Termination of service in official position from which
originally appointed.--Where any member ceases to serve in the
official position from which originally appointed under section
3(a), the place of the member on the Commission shall be deemed
to be vacant.
(3) Vacancies in membership.--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; except that where the number of vacancies
is fewer than the number of members specified in paragraphs
(4), (5), (6), (7), and (8) of section 3(a), each panel of
names submitted in accordance with the aforementioned
paragraphs shall contain at least 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) Chairman and Vice Chairman.--The President shall designate a
Chairman and a Vice Chairman from among the members of the Commission.
The Commission may subsequently establish a process for electing a
Chairman and Vice Chairman.
(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 its overall effect
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
the enactment of this Act, and on or before January 31 of each
year thereafter, the Commission shall submit a report to the
President and Congress 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 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 the Commission
deems 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 deem appropriate.
(c) Hearings.--Congress shall hold hearings on any recommendations
of the Commission not later than 90 days after receiving a report
described in subsection (b)(1).
SEC. 7. POWERS AND ADMINISTRATIVE PROVISIONS.
(a) Hearings and Sessions.--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 deems advisable. 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 government,
including each independent agency, is authorized and directed,
consistent with law, to furnish to the Commission, upon request
made by the Chairman or Vice Chairman, such information as the
Commission deems necessary to carry out its functions 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, 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,
including any independent agency, any recommendations directed
toward said department, agency, or instrumentality, and said
department, agency, or instrumentality shall furnish the
Commission within 90 days a written response that shall be
included in any publication of the Commission's
recommendations.
(c) Executive Director.--The Commission shall have power to appoint
and remove an Executive Director. The Executive Director shall be paid
at the rate of basic pay for level III of the Executive Schedule
(section 5314 of title 5, United States Code). Such appointment 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 the Executive Director deems 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 (section 5332 of title 5, United States Code).
SEC. 8. APPLICATION OF THE FEDERAL ADVISORY COMMITTEE ACT.
Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the Commission.
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 $2,250,000 for each fiscal
year to carry out 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 RELATIONS.
``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.
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