Restore the Partnership Act

I 118TH CONGRESS 1ST SESSION H. R. 3480 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 MAY 18, 2023 Mr. CONNOLLY (for himself and Mr. MOLINARO) introduced the following bill; which was referred to the Committee on Oversight and Accountability 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Restore the Partner- 4 ship Act’’. 5 SEC. 2. ESTABLISHMENT. 6 There is established in the executive branch a perma- 7 nent, bipartisan commission to be known as the ‘‘Commis- 8 VerDate Sep 11 2014 00:54 Jun 06, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3480.IH H3480 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 3480 IH sion on Intergovernmental Relations of the United States’’ 1 (in this Act referred to as the ‘‘Commission’’). 2 SEC. 3. DECLARATION OF PURPOSE. 3 To facilitate the fullest cooperation, coordination, and 4 mutual accountability among all levels of government and 5 thus better serve the American people in an increasingly 6 complex society, it is essential that a commission be estab- 7 lished to give continuing attention to federalism and inter- 8 governmental issues. It is intended that the Commission, 9 in the performance of its duties, will— 10 (1) convene representatives of Federal, State, 11 Tribal, and local governments for the consideration 12 of common problems; 13 (2) provide a forum for discussing ways to im- 14 prove the administration and coordination of Federal 15 grant-in-aid, regulatory, tax, and other programs re- 16 quiring intergovernmental cooperation, and to give 17 State, Tribal, and local governments more flexibility 18 and discretion in implementing Federal policies and 19 programs; 20 (3) give critical attention to the conditions, con- 21 trols, and oversight involved in the administration of 22 such Federal programs; 23 (4) share lessons and best practices with Fed- 24 eral, State, Tribal, and local governments; 25 VerDate Sep 11 2014 00:54 Jun 06, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3480.IH H3480 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 3480 IH (5) encourage discussion and study during the 1 early stages of emerging public challenges that are 2 likely to require intergovernmental cooperation; 3 (6) advise the executive and legislative branches 4 on ways to improve the intergovernmental operations 5 of the White House and Federal agencies, including 6 their offices of intergovernmental affairs and use of 7 administrative waivers; 8 (7) identify the intergovernmental impacts of 9 rulings by the United States Supreme Court on Fed- 10 eral, State, Tribal, and local governments; and 11 (8) recommend, within the framework of the 12 United States Constitution, the appropriate alloca- 13 tion of governmental functions, responsibilities, reve- 14 nues, and expenditures among the levels of govern- 15 ment. 16 SEC. 4. MEMBERSHIP. 17 (a) NUMBER AND APPOINTMENT.—The Commission 18 shall be composed of 31 members, as follows: 19 (1) Six members appointed by the President of 20 the United States, 3 of whom shall be officers of the 21 executive branch of the government, and 3 of whom 22 shall be private citizens, each of whom, respectively, 23 shall have experience or familiarity with relations be- 24 tween the levels of government. 25 VerDate Sep 11 2014 00:54 Jun 06, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3480.IH H3480 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 3480 IH (2) Three members appointed by the majority 1 leader of the Senate, who shall be Members of the 2 Senate. 3 (3) Three members appointed by the Speaker of 4 the House of Representatives, who shall be Members 5 of the House. 6 (4) Four members appointed by the President 7 of the United States from a panel of at least 8 Gov- 8 ernors submitted by the National Governors Associa- 9 tion. 10 (5) Four members appointed by the President 11 of the United States from a panel of at least 8 mem- 12 bers of State legislative bodies submitted by the Na- 13 tional Conference of State Legislatures. 14 (6) Four members appointed by the President 15 of the United States from a panel of at least 8 may- 16 ors submitted jointly by the National League of Cit- 17 ies and the United States Conference of Mayors. 18 (7) Four members appointed by the President 19 of the United States from a panel of at least 8 elect- 20 ed county officers submitted by the National Asso- 21 ciation of Counties. 22 (8) One member appointed by the President of 23 the United States from a panel of at least 4 town 24 or township elected governing board members sub- 25 VerDate Sep 11 2014 00:54 Jun 06, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3480.IH H3480 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 3480 IH mitted by the National Association of Towns and 1 Townships. 2 (9) Two members appointed by the President of 3 the United States from a panel of at least 4 Tribal 4 officials submitted by the National Congress of 5 American Indians. 6 (b) POLITICAL AND GEOGRAPHICAL COMPOSITION.— 7 The political and geographic composition of the Commis- 8 sion shall be as follows: 9 (1) The private-citizen members under para- 10 graph (1) of subsection (a) shall be appointed with- 11 out regard to political affiliation. 12 (2) Two of the appointees under paragraphs (2) 13 and (3) of subsection (a), respectively, shall be from 14 the majority party of the applicable house. 15 (3) Not more than 2 of the appointees under 16 paragraphs (4), (5), (6), and (7) of subsection (a), 17 respectively, shall be from any 1 political party. 18 (4) Not more than 1 of the appointees under 19 paragraphs (5), (6), (7), and (9) of subsection (a), 20 respectively, shall be from any 1 State. 21 (5) At least 1 of the appointees under para- 22 graph (6) of subsection (a) shall be from cities with 23 a population of more than 500,000 and at least 1 24 VerDate Sep 11 2014 00:54 Jun 06, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3480.IH H3480 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 3480 IH of the appointees shall be from cities with a popu- 1 lation of less than 50,000. 2 (6) At least 1 of the appointees under para- 3 graph (7) of subsection (a) shall be from counties 4 with a population of more than 500,000 and at least 5 1 of the appointees shall be from counties with a 6 population of less than 50,000. 7 (7) The appointee under paragraph (8) of sub- 8 section (a) shall not be a member of the party of the 9 President. 10 (8) One of the appointees under paragraph (9) 11 of subsection (a) shall be a tribe engaged in class II 12 gaming or class III gaming, as such terms are de- 13 fined by section 4 of the Indian Gaming Regulatory 14 Act (25 U.S.C. 2703), respectively, and 1 shall be 15 a tribe that is not engaged in such gaming. 16 (c) INITIAL APPOINTMENTS.—Each initial appoint- 17 ment under subsection (a) shall be made not later than 18 60 days after the date of the enactment of this Act. 19 (d) TERMS.— 20 (1) IN GENERAL.—The term of office of each 21 member of the Commission shall be two years; mem- 22 bers shall be eligible for reappointment; and, except 23 as provided under paragraph (2), members shall 24 serve until their successors are appointed. 25 VerDate Sep 11 2014 00:54 Jun 06, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3480.IH H3480 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 3480 IH (2) TERMINATION OF SERVICE IN OFFICIAL PO- 1 SITION FROM WHICH ORIGINALLY APPOINTED.— 2 Where any member ceases to serve in the official po- 3 sition from which originally appointed under section 4 3(a), the place of the member on the Commission 5 shall be deemed to be vacant. 6 (3) VACANCIES IN MEMBERSHIP.—Any vacancy 7 in the membership of the Commission shall be filled 8 for the remainder of the vacant term in the same 9 manner in which the original appointment was 10 made; except that where the number of vacancies is 11 fewer than the number of members specified in 12 paragraphs (4), (5), (6), (7), and (8) of section 3(a), 13 each panel of names submitted in accordance with 14 the aforementioned paragraphs shall contain at least 15 2 names for each vacancy. 16 SEC. 5. ORGANIZATION OF COMMISSION. 17 (a) INITIAL MEETING.—The President shall convene 18 the Commission not later than 90 days after the date of 19 enactment of this Act at such time and place as the Presi- 20 dent may designate. 21 (b) CHAIRMAN AND VICE CHAIRMAN.—The President 22 shall designate a Chairman and a Vice Chairman from 23 among the members of the Commission. The Commission 24 VerDate Sep 11 2014 00:54 Jun 06, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3480.IH H3480 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 3480 IH may subsequently establish a process for electing a Chair- 1 man and Vice Chairman. 2 (c) QUORUM.—Seventeen members of the Commis- 3 sion shall constitute a quorum, but 2 or more members, 4 representing more than 1 of the class of members de- 5 scribed in section 4(a), shall constitute a quorum for the 6 purpose of conducting hearings. 7 SEC. 6. DUTIES OF COMMISSION. 8 (a) IN GENERAL.—The Commission shall— 9 (1) engage in such activities and make such 10 studies, investigations, convenings, and communica- 11 tions as are necessary or desirable in the accomplish- 12 ment of the purposes set forth in section 3; 13 (2) consider, on its own initiative, mechanisms 14 for fostering better relations and more productive 15 partnerships between and among the levels of gov- 16 ernment; 17 (3) make available technical assistance to the 18 executive and legislative branches of the Federal 19 Government in the review of proposed legislation to 20 determine its overall effect on all levels of govern- 21 ment; 22 (4) recommend, within the framework of the 23 United States Constitution, the appropriate alloca- 24 tion of governmental functions, responsibilities, reve- 25 VerDate Sep 11 2014 00:54 Jun 06, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3480.IH H3480 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HR 3480 IH nues, and expenditures among the levels of govern- 1 ment; 2 (5) recommend ways to improve the manage- 3 ment, performance, and coordination of Federal 4 grant-in-aid and regulatory programs on State, Trib- 5 al, and local governments, including metrics to in- 6 form intergovernmental improvements; and 7 (6) recommend methods of coordinating and 8 simplifying tax laws and administrative policies and 9 practices to achieve a more orderly and less competi- 10 tive fiscal relationship between the levels of govern- 11 ment and to reduce the burden of compliance for 12 taxpayers. 13 (b) REPORTS.— 14 (1) ANNUAL REPORT.—Not later than 1 year 15 after the date of the enactment of this Act, and on 16 or before January 31 of each year thereafter, the 17 Commission shall submit a report to the President 18 and Congress that— 19 (A) identifies trends in federalism, emerg- 20 ing and persistent issues needing intergovern- 21 mental attention, data needs, and areas requir- 22 ing intergovernmental cooperation and coordi- 23 nation for better outcomes; 24 VerDate Sep 11 2014 00:54 Jun 06, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3480.IH H3480 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •HR 3480 IH (B) summarizes any actions taken in ac- 1 cordance with the recommendations of the Com- 2 mission contained in any prior report, and the 3 results thereof; 4 (C) contains recommendations described in 5 subsection (a) made in the year preceding the 6 submission of the report; 7 (D) provide details on the activities, ad- 8 ministration, expenditures, and receipts of the 9 Commission; and 10 (E) communicate any other matters the 11 Commission deems important. 12 (2) ADDITIONAL REPORTS.—The Commission 13 may submit additional reports to the President, to 14 Congress or any committee of Congress, and to any 15 unit of government or organization as the Commis- 16 sion may deem appropriate. 17 (c) HEARINGS.—Congress shall hold hearings on any 18 recommendations of the Commission not later than 90 19 days after receiving a report described in subsection 20 (b)(1). 21 SEC. 7. POWERS AND ADMINISTRATIVE PROVISIONS. 22 (a) HEARINGS AND SESSIONS.—The Commission or, 23 on the authorization of the Commission, any subcommittee 24 or members thereof, may, for the purpose of carrying out 25 VerDate Sep 11 2014 00:54 Jun 06, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3480.IH H3480 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •HR 3480 IH the provisions of this Act, hold such hearings, take such 1 testimony, and sit and act at such times and places as 2 the Commission deems advisable. Any member authorized 3 by the Commission may administer oaths or affirmations 4 to witnesses appearing before the Commission or any sub- 5 committee or members thereof. 6 (b) COOPERATION BY EXECUTIVE AGENCIES.— 7 (1) REQUEST FOR INFORMATION.—Each de- 8 partment, agency, and instrumentality of the execu- 9 tive branch of the government, including each inde- 10 pendent agency, is authorized and directed, con- 11 sistent with law, to furnish to the Commission, upon 12 request made by the Chairman or Vice Chairman, 13 such information as the Commission deems nec- 14 essary to carry out its functions under this Act. 15 (2) DETAIL OF AGENCY PERSONNEL.—Upon re- 16 quest of the Executive Director of the Commission, 17 the head of any department, agency, and instrumen- 18 tality of the executive branch, including any inde- 19 pendent agency, may detail on a reimbursable basis 20 any of the personnel of that department, agency, 21 and instrumentality to the Commission to assist in 22 carrying out this Act. 23 (3) RECOMMENDATIONS.—The Commission 24 shall furnish to any department, agency, or instru- 25 VerDate Sep 11 2014 00:54 Jun 06, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3480.IH H3480 pbinns on DSKJLVW7X2PROD with $$_JOB 12 •HR 3480 IH mentality of the executive branch, including any 1 independent agency, any recommendations directed 2 toward said department, agency, or instrumentality, 3 and said department, agency, or instrumentality 4 shall furnish the Commission within 90 days a writ- 5 ten response that shall be included in [Text truncated for display. 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