I 

116TH CONGRESS 

1ST SESSION H. R. 3883 

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 

JULY 23, 2019 

Mr. CONNOLLY (for himself and Mr. BISHOP of Utah) introduced the 

following bill; which was referred to the Committee on Oversight and Reform 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Restore the Partner5 ship Act’’. 

6 SEC. 2. ESTABLISHMENT. 

7 There is established a permanent, bipartisan commis8 sion to be known as the ‘‘Commission on IntergovernVerDate Sep 11 2014 23:30 Aug 03, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3883.IH H3883

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1 mental Relations of the United States’’ (in this Act re2 ferred to as the ‘‘Commission’’). 

3 SEC. 3. DECLARATION OF PURPOSE. 

4 In order to facilitate the fullest cooperation, coordina5 tion, and mutual accountability among all levels of govern6 ment and thus better serve the American people in an in7 creasingly complex society, it is essential that a commis8 sion be established to give continuing attention to fed9 eralism and intergovernmental issues. It is intended that 

10 the Commission, in the performance of its duties, will— 

11 (1) convene representatives of Federal, State, 

12 Tribal, and local governments for the consideration 

13 of common problems; 

14 (2) provide a forum for discussing ways to im15 prove the administration and coordination of Federal 

16 grant-in-aid, regulatory, tax, and other programs re17 quiring intergovernmental cooperation, and to give 

18 State, Tribal, and local governments more flexibility 

19 and discretion in implementing Federal policies and 

20 programs; 

21 (3) give critical attention to the conditions, con22 trols, and oversight involved in the administration of 

23 such Federal programs; 

24 (4) share lessons and best practices with Fed25 eral, State, Tribal, and local governments; 


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1 (5) encourage discussion and study during the 

2 early stages of emerging public challenges that are 

3 likely to require intergovernmental cooperation; 

4 (6) advise the executive and legislative branches 

5 on ways to improve the intergovernmental operations 

6 of the White House and Federal agencies, including 

7 their offices of intergovernmental affairs and use of 

8 administrative waivers; 

9 (7) identify the intergovernmental impacts of 

10 rulings by the United States Supreme Court on Fed11 eral, State, Tribal, and local governments; and 

12 (8) recommend, within the framework of the 

13 United States Constitution, the appropriate alloca14 tion of governmental functions, responsibilities, reve15 nues, and expenditures among the levels of govern16 ment. 

17 SEC. 4. MEMBERSHIP. 

18 (a) NUMBER AND APPOINTMENT.—The Commission 

19 shall be composed of 31 members, as follows: 

20 (1) Six members appointed by the President of 

21 the United States, 3 of whom shall be officers of the 

22 executive branch of the government, and 3 of whom 

23 shall be private citizens, each of whom, respectively, 

24 shall have experience or familiarity with relations be25 tween the levels of government. 


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1 (2) Three members appointed by the majority 

2 leader of the Senate, who shall be Members of the 

3 Senate. 

4 (3) Three members appointed by the Speaker of 

5 the House of Representatives, who shall be Members 

6 of the House. 

7 (4) Four members appointed by the President 

8 of the United States from a panel of at least 8 Gov9 ernors submitted by the National Governors Associa10 tion. 

11 (5) Four members appointed by the President 

12 of the United States from a panel of at least 8 mem13 bers of State legislative bodies submitted by the Na14 tional Conference of State Legislatures. 

15 (6) Four members appointed by the President 

16 of the United States from a panel of at least 8 may17 ors submitted jointly by the National League of Cit18 ies and the United States Conference of Mayors. 

19 (7) Four members appointed by the President 

20 of the United States from a panel of at least 8 elect21 ed county officers submitted by the National Asso22 ciation of Counties. 

23 (8) One member appointed by the President of 

24 the United States from a panel of at least 4 town 

25 or township elected governing board members subVerDate Sep 11 2014 23:30 Aug 03, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3883.IH H3883

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1 mitted by the National Association of Towns and 

2 Townships. 

3 (9) Two members appointed by the President of 

4 the United States from a panel of at least 4 Tribal 

5 officials submitted by the National Congress of 

6 American Indians. 

7 (b) POLITICAL AND GEOGRAPHICAL COMPOSITION.— 

8 The political and geographic composition of the Commis9 sion shall be as follows: 

10 (1) The private-citizen members under para11 graph (1) of subsection (a) shall be appointed with12 out regard to political affiliation. 

13 (2) Two of the appointees under paragraphs (2) 

14 and (3) of subsection (a), respectively, shall be from 

15 the majority party of the applicable house. 

16 (3) Not more than 2 of the appointees under 

17 paragraphs (4), (5), (6), and (7) of subsection (a), 

18 respectively, shall be from any 1 political party. 

19 (4) Not more than 1 of the appointees under 

20 paragraphs (5), (6), (7), and (9) of subsection (a), 

21 respectively, shall be from any 1 State. 

22 (5) At least 1 of the appointees under para23 graph (6) of subsection (a) shall be from cities with 

24 a population of more than 500,000 and at least 1 


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1 of the appointees shall be from cities with a popu2 lation of less than 50,000. 

3 (6) At least 1 of the appointees under para4 graph (7) of subsection (a) shall be from counties 

5 with a population of more than 500,000 and at least 

6 1 of the appointees shall be from counties with a 

7 population of less than 50,000. 

8 (7) The appointee under paragraph (8) of sub9 section (a) shall not be a member of the party of the 

10 President. 

11 (8) One of the appointees under paragraph (9) 

12 of subsection (a) shall be a tribe engaged in class II 

13 gaming or class III gaming, as such terms are de14 fined by section 4 of the Indian Gaming Regulatory 

15 Act (25 U.S.C. 2703), respectively, and 1 shall be 

16 a tribe that is not engaged in such gaming. 

17 (c) INITIAL APPOINTMENTS.—Each initial appoint18 ment under subsection (a) shall be made not later than 

19 60 days after the date of the enactment of this Act. 

20 (d) TERMS.— 

21 (1) IN GENERAL.—The term of office of each 

22 member of the Commission shall be two years; mem23 bers shall be eligible for reappointment; and, except 

24 as provided under paragraph (2), members shall 

25 serve until their successors are appointed. 


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1 (2) TERMINATION OF SERVICE IN OFFICIAL PO2 SITION FROM WHICH ORIGINALLY APPOINTED.— 

3 Where any member ceases to serve in the official po4 sition from which originally appointed under section 

5 3(a), the place of the member on the Commission 

6 shall be deemed to be vacant. 

7 (3) VACANCIES IN MEMBERSHIP.—Any vacancy 

8 in the membership of the Commission shall be filled 

9 for the remainder of the vacant term in the same 

10 manner in which the original appointment was 

11 made; except that where the number of vacancies is 

12 fewer than the number of members specified in 

13 paragraphs (4), (5), (6), (7), and (8) of section 3(a), 

14 each panel of names submitted in accordance with 

15 the aforementioned paragraphs shall contain at least 

16 2 names for each vacancy. 

17 SEC. 5. ORGANIZATION OF COMMISSION. 

18 (a) INITIAL MEETING.—The President shall convene 

19 the Commission not later than 90 days after the date of 

20 enactment of this Act at such time and place as the Presi21 dent may designate. 

22 (b) CHAIRMAN AND VICE CHAIRMAN.—The President 

23 shall designate a Chairman and a Vice Chairman from 

24 among the members of the Commission. The Commission 


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1 may subsequently establish a process for electing a Chair2 man and Vice Chairman. 

3 (c) QUORUM.—Seventeen members of the Commis4 sion shall constitute a quorum, but 2 or more members, 

5 representing more than 1 of the class of members de6 scribed in section 4(a), shall constitute a quorum for the 

7 purpose of conducting hearings. 

8 SEC. 6. DUTIES OF COMMISSION. 

9 (a) IN GENERAL.—The Commission shall— 

10 (1) engage in such activities and make such 

11 studies, investigations, convenings, and communica12 tions as are necessary or desirable in the accomplish13 ment of the purposes set forth in section 3; 

14 (2) consider, on its own initiative, mechanisms 

15 for fostering better relations and more productive 

16 partnerships between and among the levels of gov17 ernment; 

18 (3) make available technical assistance to the 

19 executive and legislative branches of the Federal 

20 Government in the review of proposed legislation to 

21 determine its overall effect on all levels of govern22 ment; 

23 (4) recommend, within the framework of the 

24 United States Constitution, the appropriate alloca25 tion of governmental functions, responsibilities, reveVerDate Sep 11 2014 23:30 Aug 03, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3883.IH H3883

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1 nues, and expenditures among the levels of govern2 ment; 

3 (5) recommend ways to improve the manage4 ment, performance, and coordination of Federal 

5 grant-in-aid and regulatory programs on State, Trib6 al, and local governments, including metrics to in7 form intergovernmental improvements; and 

8 (6) recommend methods of coordinating and 

9 simplifying tax laws and administrative policies and 

10 practices to achieve a more orderly and less competi11 tive fiscal relationship between the levels of govern12 ment and to reduce the burden of compliance for 

13 taxpayers. 

14 (b) REPORTS.— 

15 (1) ANNUAL REPORT.—Not later than 1 year 

16 after the date of the enactment of this Act, and on 

17 or before January 31 of each year thereafter, the 

18 Commission shall submit a report to the President 

19 and Congress that— 

20 (A) identifies trends in federalism, emerg21 ing and persistent issues needing intergovern22 mental attention, data needs, and areas requir23 ing intergovernmental cooperation and coordi24 nation for better outcomes; 


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1 (B) summarizes any actions taken in ac2 cordance with the recommendations of the Com3 mission contained in any prior report, and the 

4 results thereof; 

5 (C) contains recommendations described in 

6 subsection (a) made in the year preceding the 

7 submission of the report; 

8 (D) provide details on the activities, ad9 ministration, expenditures, and receipts of the 

10 Commission; and 

11 (E) communicate any other matters the 

12 Commission deems important. 

13 (2) ADDITIONAL REPORTS.—The Commission 

14 may submit additional reports to the President, to 

15 Congress or any committee of Congress, and to any 

16 unit of government or organization as the Commis17 sion may deem appropriate. 

18 (c) HEARINGS.—Congress shall hold hearings on any 

19 recommendations of the Commission not later than 90 

20 days after receiving a report described in subsection 

21 (b)(1). 

22 SEC. 7. POWERS AND ADMINISTRATIVE PROVISIONS. 

23 (a) HEARINGS AND SESSIONS.—The Commission or, 

24 on the authorization of the Commission, any subcommittee 

25 or members thereof, may, for the purpose of carrying out 


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1 the provisions of this Act, hold such hearings, take such 

2 testimony, and sit and act at such times and places as 

3 the Commission deems advisable. Any member authorized 

4 by the Commission may administer oaths or affirmations 

5 to witnesses appearing before the Commission or any sub6 committee or members thereof. 

7 (b) COOPERATION BY EXECUTIVE AGENCIES.— 

8 (1) REQUEST FOR INFORMATION.—Each de9 partment, agency, and instrumentality of the execu10 tive branch of the government, including each inde11 pendent agency, is authorized and directed, con12 sistent with law, to furnish to the Commission, upon 

13 request made by the Chairman or Vice Chairman, 

14 such information as the Commission deems nec15 essary to carry out its functions under this Act. 

16 (2) RECOMMENDATIONS.—The Commission 

17 shall furnish to any department, agency, or instru18 mentality of the executive branch, including inde19 pendent agencies, any recommendations directed to20 ward said department, agency, or instrumentality, 

21 and said department, agency, or instrumentality 

22 shall furnish the Commission within 90 days a writ23 ten response that shall be included in any publica24 tion of the Commission’s recommendations. 


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1 (c) EXECUTIVE DIRECTOR.—The Commission shall 

2 have power to appoint and remove an Executive Director. 

3 The Executive Director shall be paid at the rate of basic 

4 pay for level III of the Executive Schedule (section 5314 

5 of title 5, United States Code). Such appointment shall 

6 be made solely on the basis of fitness to perform the duties 

7 of the position and without regard to political affiliation. 

8 (d) STAFF.—Subject to such rules and regulations as 

9 may be adopted by the Commission, the Executive Direc10 tor shall have the power to— 

11 (1) appoint, fix the compensation of, and re12 move such other personnel as he or she deems nec13 essary; and 

14 (2) procure temporary and intermittent services 

15 to the same extent as is authorized by section 3109 

16 of title 5, United States Code. 

17 (e) APPLICABILITY OF OTHER LAWS TO EMPLOY18 EES.—Except as otherwise provided in this Act, persons 

19 in the employ of the Commission under subsections (c) 

20 and (d)(1) shall be considered Federal employees for all 

21 purposes. 

22 (f) MAXIMUM COMPENSATION OF EMPLOYEES.—Any 

23 individual in the employ of the Commission under sub24 section (d)(1) may not be paid at a rate of pay greater 

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1 eral Schedule (section 5332 of title 5, United States 

2 Code). 

3 SEC. 8. APPLICATION OF THE FEDERAL ADVISORY COM4 MITTEE ACT. 

5 Section 3(2) of the Federal Advisory Committee Act 

6 (5 U.S.C. App) is amended in the matter following sub7 paragraph (C) by— 

8 (1) striking ‘‘and’’ before ‘‘(ii)’’; and 

9 (2) striking ‘‘Administration’’ and inserting 

10 ‘‘Administration, and (iii) the Commission on Inter11 governmental Relations of the United States’’. 

12 SEC. 9. REIMBURSEMENT. 

13 Members of the Commission shall be entitled to reim14 bursement for travel, subsistence, and other necessary ex15 penses incurred by them in the performance of their duties 

16 as members of the Commission. 

17 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

18 There are authorized to be appropriated such sums 

19 as may be necessary to carry out the provisions of this 

20 Act. 

21 SEC. 11. RECEIPT OF OTHER FUNDS. 

22 The Commission is authorized to receive funds 

23 through grants, contracts, and contributions from govern24 mental agencies, foundations, and nonprofit organizations. 


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1 Such funds may be received and expended by the Commis2 sion only for the purposes of carrying out this Act. 

3 SEC. 12. REPEAL OF ADVISORY COMMISSION ON INTER4 GOVERNMENTAL AFFAIRS. 

5 ‘‘An Act to establish an Advisory Commission on 

6 Intergovernmental Affairs’’, approved September 24, 1959 

7 (Public Law 86–380; 42 U.S.C. 4271 et seq.), is repealed. 

Æ 


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