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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3883 Introduced in House (IH)]

<DOC>

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.

    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.

    In order 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) Recommendations.--The Commission shall furnish to any 
        department, agency, or instrumentality of the executive branch, 
        including independent agencies, 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 he or she 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 3(2) of the Federal Advisory Committee Act (5 U.S.C. App) 
is amended in the matter following subparagraph (C) by--
            (1) striking ``and'' before ``(ii)''; and
            (2) 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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