[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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