[Senate Report 116-314]
[From the U.S. Government Publishing Office]


                                                  Calendar No. 617

116th Congress}                                           { Report
                                 SENATE
  2d Session  }                                           { 116-314

======================================================================
                     
                     RESTORE THE PARTNERSHIP ACT

                               __________

                              R E P O R T

                                 OF THE

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                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

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


               December 14, 2020.--Ordered to be printed
               
                              __________
               
               
                    U.S. GOVERNMENT PUBLISHING OFFICE                    
                           WASHINGTON : 2020                     
          
-----------------------------------------------------------------------------------                  
               
               
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                    RON JOHNSON, Wisconsin, Chairman
ROB PORTMAN, Ohio                    GARY C. PETERS, Michigan
RAND PAUL, Kentucky                  THOMAS R. CARPER, Delaware
JAMES LANKFORD, Oklahoma             MAGGIE HASSAN, New Hampshire
MITT ROMNEY, Utah                    KAMALA D. HARRIS, California
RICK SCOTT, Florida                  KYRSTEN SINEMA, Arizona
MICHAEL B. ENZI, Wyoming             JACKY ROSEN, Nevada
JOSH HAWLEY, Missouri

                Gabrielle D'Adamo Singer, Staff Director
                   Joseph C. Folio III, Chief Counsel
       Patrick J. Bailey, Chief Counsel for Governmental Affairs
               David M. Weinberg, Minority Staff Director
               Zachary I. Schram, Minority Chief Counsel
          Yogin J. Kothari, Minority Professional Staff Member
                     Laura W. Kilbride, Chief Clerk
                     
                     
                     

                                                  Calendar No. 617

116th Congress}                                           { Report
                                 SENATE
  2d Session  }                                           { 116-314

======================================================================
                  
                      RESTORE THE PARTNERSHIP ACT

                                _______
                                

               December 14, 2020.--Ordered to be printed

                                _______
                                
 
 Mr. Johnson, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 2967]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (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, having considered the same, reports favorably 
thereon with an amendment (in the nature of a substitute) and 
recommends that the bill, as amended, do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................1
 II. Background and the Need for Legislation..........................2
III. Legislative History..............................................2
 IV. Section-by-Section Analysis......................................3
  V. Evaluation of Regulatory Impact..................................5
 VI. Congressional Budget Office Cost Estimate........................5
VII. Changes in Existing Law Made by the Act, as Reported.............5

                         I. Purpose and Summary

    The purpose of S. 2967, the Restore the Partnership Act, is 
to establish a bipartisan, intergovernmental commission with 
representatives from the Federal, State, Tribal, and local 
governments. The purpose of the commission is to facilitate 
coordination among the different levels of government and have 
them collectively address issues that affect the government at 
a Federal, state, tribal, and local level.

              II. Background and the Need for Legislation

    From September 1959 to September 1996, the U.S. Advisory 
Commission on Intergovernmental Relations served as a forum for 
dialogue on intergovernmental relations.\1\ It published 
reports and guidance that created partnerships across the 
different levels of government.\2\ The commission's work is 
widely credited with the development of the Unfunded Mandates 
Reform Act, which was signed into law by President Clinton in 
1995.\3\ The push to cut federal spending led to the 
dissolution of the commission in 1996.\4\
---------------------------------------------------------------------------
    \1\Speaker's Task Force on Intergovernmental Relations, The 
Restoring the Partnership Act (May 17, 2018), available at https://
speakers-task-force-intergovernmental-affairs-robbishop.house.gov/
media-center/hearings/restoring-the-partnership.
    \2\Id. at 4.
    \3\Id.
    \4\Id. at 16.
---------------------------------------------------------------------------
    In May 2017, House Speaker Paul D. Ryan and Minority Leader 
Nancy Pelosi announced the creation of the Task Force on 
Intergovernmental Relations, which held public hearings akin to 
committee hearings.\5\ The task force held a hearing on an 
earlier version of the Restoring the Partnership Act, and 
examined the issue of reestablishing a commission on 
intergovernmental affairs, in order to restore this valuable 
tool for state and local governments to partner with the 
Federal Government and share information.\6\
---------------------------------------------------------------------------
    \5\Speaker's Task Force on Intergovernmental Relations, About, 
available at https://speakers-task-force-intergovernmental-affairs-
robbishop.house.gov/about.
    \6\Speaker's Task Force on Intergovernmental Relations, supra note 
1.
---------------------------------------------------------------------------
    S. 2967, the Restore the Partnership Act, would establish a 
new commission on intergovernmental affairs to promote dialogue 
and partnerships between all levels of government. 
Specifically, the legislation establishes a 31-member 
commission, made up of appointees by the president and 
Congress, with various requirements that the appointees be 
drawn from the Federal Government, Congress, and state and 
local governments. The commission is required to hold hearings 
and issue reports and recommendations on matters related to 
intergovernmental affairs. The authorities of the commission 
expire after eight years.

                        III. Legislative History

    S. 2967, the Restore the Partnership Act, was introduced on 
December 3, 2019, by Senators Lamar Alexander (R-TN), and 
Kyrsten Sinema (D-AZ). The bill was referred to the Committee 
on Homeland Security and Governmental Affairs. The Committee 
considered S. 2967 at a business meeting on July 22, 2020.
    During the business meeting, Senator Sinema offered a 
substitute amendment that made small technical edits. Senator 
Rand Paul (R-KY) and Senator Rick Scott (R-FL) offered 
amendments, as modified, which added reporting requirements, 
created a sunset of the commission, and eliminated the 
authorized appropriations. The amendments were adopted by voice 
vote en bloc with Senators Johnson, Portman, Paul, Lankford, 
Romney, Scott, Enzi, Hawley, Peters, Carper, Hassan, Harris, 
and Rosen present.
    The legislation, as amended, passed by voice vote en bloc 
with Senators Johnson, Portman, Paul, Lankford, Romney, Scott, 
Enzi, Hawley, Peters, Carper, Hassan, Harris, and Rosen 
present. Senator Paul was recorded ``No''.

        IV. Section-by-Section Analysis of the Bill, as Reported


Section 1. Short title

    This section establishes the short title of the bill as the 
``Restore the Partnership Act.''

Section 2. Establishment

    This section creates a bipartisan commission in the 
Executive Branch called the ``Commission on Intergovernmental 
Relations of the United States'' referred to as the 
``Commission.''

Section 3. Declaration of purpose

    This subsection established the duties and responsibilities 
of the Commission.
    Subsection (a) provides a mission statement for the 
Commission, stating that the purpose of the Commission is to 
facilitate cooperation, and coordination among all levels of 
government to ensure better service to its citizens in an 
increasingly complex society.
    Subsection (b) outlines the actions the Commission is to 
perform. The Commission is to assemble Federal, state, tribal, 
and local governments to consider and discuss common problems. 
In these meetings the Commission is to provide a forum for how 
Federal aid, and other programs may benefit state, tribal, and 
local governments. The Commission is to encourage discussion on 
the flexibility and discretion of Federal policies and 
programs, while highlighting internal controls, and oversight 
tools. The Commission is also to advise the Federal Government 
on ways to improve intergovernmental operations of the 
administration and their interactions with state, tribal, and 
local governments. The Commission is to also identify and 
coordinate the impacts the Supreme Court's rulings have on 
Federal, state, tribal, and local governments.

Section 4. Membership

    Subsection (a) states the Commission is to be made up of 31 
members, 3 appointed by the president that are officers in the 
Executive Branch, and 3 that are private citizens that have 
experience or familiarity with intergovernmental relations. Six 
are to be appointed by Congress, three by the Majority Leader, 
and three by the Speaker of the House, from their respective 
legislative bodies. Four are to be appointed by the president 
from a panel of governors, provided by the National Governors 
Association. Four members are to be presidentially-appointed 
from a panel of state legislative bodies, submitted by the 
National Conference of State Legislatures. Another four members 
are to be presidentially-appointed from a panel of mayors, 
provided by the National League of Cities and the United States 
Conference of Mayors. One member is to be appointed by the 
president from a township elected governing board, submitted by 
the National Association of Towns and Townships. The final two 
members are to be presidentially-appointed from a panel of 
tribal officials submitted by the National Congress of American 
Indians.
    Subsection (b) provides the geographical and political 
requirements of the Commissioners when they are being selected.
    Subsection (c) requires the initial appointments to be made 
no later than 60 days after the enactment of this Act.
    Subsection (d) limits Commissioners to two-year terms and 
details the requirements for how they may be reappointed.

Section 5. Organization of Commission

    This section describes how the meetings are to take place. 
The first meeting is to be within 90 days of enactment of the 
bill, with a presidentially-designated Chair and Vice Chair 
kicking off the meeting. Seventeen members of the Commission 
shall constitute a true quorum, while two or more members 
present from different appointment areas is a quorum to conduct 
a hearing.

Section 6. Duties of Commission

    Subsection (a) details the specific responsibilities of the 
Commission. The Commission is to engage in studies, hearings, 
and investigations that promote its initiative of better 
intergovernmental relations. It is to also provide technical 
assistance to executive and legislative branches of the Federal 
Government to review proposed legislation to weigh in on the 
effects of the legislation at all levels of government.
    Subsection (b) requires the Commission to submit an annual 
report to the president and Congress. The report is to include 
trends in federalism that need attention, summarize any actions 
taken by the Commission since the last report, and provide all 
recommendations the Commission made to government entities. It 
also requires the Commission to submit an annual report 
providing information on programs that are carried out at the 
state, tribal, and local level that are funded by the Federal 
government 50 percent or more. Once the Commission reports to 
Congress, Congress must hold a hearing on the Commission's 
report within 90 days.

Section 7. Powers and administrative provisions

    This section details the power the Commission has and the 
responsibilities of the Commissioners.
    Subsection (a) establishes that any member of the 
Commission may hold a hearing, if authorized by the Commission, 
and administer oaths to witnesses that appear before the 
Commission.
    Subsection (b) requires Executive agencies to comply with 
requests from the Commission, and when the Commission submits 
recommendations to an agency, it is required to provide a 
written response within 90 days.
    Subsection (c) creates the Executive Director within the 
Commission who is to be the most fit to perform the duties of 
the position without regard to political affiliation. The 
Executive Director is to be in charge of the Commission's staff 
that work for the Commissioners.
    Subsection (d), (e), and (f) provide details on staff and 
staffing. Subsection (d) states the Executive Director has the 
power of appointing, compensating, and removing staff. 
Subsection (e) clarifies that Commission staff are to be 
considered Federal employees, and (f) establishes that staff 
may not be paid greater than the highest rate of basic pay on 
the G.S. scale.

Section 8. Termination

    This section establishes that the Commission is to dissolve 
eight years after the date of enactment of this Act.

Section 9. Reimbursement

    This section explains that Commissioners are entitled to 
reimbursement for travel, or other necessary expenses that may 
be incurred in carrying out their duties.

Section 10. Receipt of other funds

    This section authorizes the Commission to receive funds 
through grants, contributions, etc. from nonprofits, 
foundations, and agencies.

Section 11. Repeal of Advisory Commission on Intergovernmental 
        Relations

    This section repeals the ``Act to establish an Advisory 
Commission on Intergovernmental Relations,'' (Public Law 86-
380; 42 U.S.C. 4271 et seq.).

                   V. Evaluation of Regulatory Impact

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.

             VI. Congressional Budget Office Cost Estimates

    CBO failed to provide the Committee with a cost estimate in 
time for the final reporting deadline of the 116th Congress.

       VII. Changes in Existing Law Made by the Bill, as Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows: (existing law 
proposed to be omitted is enclosed in brackets, new matter is 
printed in italic, and existing law in which no change is 
proposed is shown in roman):

UNITED STATES CODE

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TITLE 42--THE PUBLIC HEALTH AND WELFARE

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[CHAPTER 53--ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS]

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