[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
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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\
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\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.
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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\
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\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.
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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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[all]