[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]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           December 14, 2020

                       Reported with an amendment