National Commission on Intergovernmental Mandate Reform Act

National Commission on Intergovernmental Mandate Reform Act - Establishes the National Commission on Intergovernmental Mandate Reform to: (1) document all federally mandated programs; (2) identify such programs that result in no net cost or minimum net cost to the Federal Government and that may be partially or totally eliminated with a resulting cost savings to State and local governments and no financial loss to the Federal Government; (3) submit to the President and the Congress recommendations specifying the federally mandated programs to be totally or partially eliminated along with the criteria for making such a determination and recommendations specifying the methods by which such programs can be reformed in order to relieve the financial burdens on State and local governments, and Federal, State, and local taxpayers; and (4) review other matters relating to the reform of federally mandated programs that the Commission considers appropriate.

 
HR 3344 IH
102d CONGRESS
1st Session
 H. R. 3344
To establish the National Commission on Intergovernmental Mandate Reform.
IN THE HOUSE OF REPRESENTATIVES
September 16, 1991
Mr. HOCHBRUECKNER (for himself, Mr. BARNARD, Mr. BROWDER, Mr. PENNY,
Mr. DANNEMEYER, Mr. HUGHES, Mr. ERDREICH, Mr. BACCHUS, Mr. MCMILLEN of
Maryland, Mr. MAZZOLI, Mr. MCNULTY, Ms. KAPTUR, Mr. DOOLITTLE, Mr. PAYNE
of Virginia, Mr. HENRY, Mr. HOUGHTON, and Mrs. PATTERSON) introduced the
following bill; which was referred to the Committee on Government Operations
A BILL
To establish the National Commission on Intergovernmental Mandate Reform.
  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 `National Commission on Intergovernmental
  Mandate Reform Act'.
SEC. 2. FINDINGS AND PURPOSE.
  (a) FINDINGS- The Congress finds that--
  (1) the Federal Government has established many programs that require
  State and local governments to perform particular services, programs,
  and activities;
  (2) the Federal Government has not provided sufficient Federal funding to
  State and local governments to pay the total cost of many of the federally
  mandated programs;
  (3) the federally mandated programs contribute to increasing levels of
  State and local taxation;
  (4) the federally mandated programs place significant burdens on the
  resources of State and local governments; and
  (5) the financial burdens on State and local governments, and on Federal,
  State, and local taxpayers, can be relieved if some of the federally
  mandated programs are partially or totally eliminated.
  (b) PURPOSE- The purpose of this Act is to review and inventory the
  increasing number of federally mandated programs and to recommend changes
  necessary to reform the system by which federally mandated programs are
  established.
SEC. 3. ESTABLISHMENT.
  There is established the National Commission on Intergovernmental Mandate
  Reform.
SEC. 4. DUTIES.
  It shall be the duty of the Commission--
  (1) to document all federally mandated programs;
  (2) to identify the federally mandated programs that--
  (A) result in no net cost or minimum net cost to the Federal Government; and
  (B) may be partially or totally eliminated with a resulting cost savings to
  State and local governments and no financial loss to the Federal Government;
  (3) to submit to the President and the Congress recommendations--
  (A) specifying the criteria for determining which federally mandated
  programs should be totally or partially eliminated;
  (B) specifying all federally mandated programs that should be totally or
  partially eliminated; and
  (C) specifying the methods by which federally mandated programs can be
  reformed in order to relieve the financial burdens on State and local
  governments, and Federal, State, and local taxpayers; and
  (4) to review other matters relating to the reform of federally mandated
  programs that the Commission considers appropriate.
SEC. 5. MEMBERSHIP.
  (a) NUMBER AND APPOINTMENT- The Commission shall be composed of 15 members
  appointed as follows:
  (1) 2 members appointed by the President from among individuals recommended
  by the National Governors Association;
  (2) 2 members appointed by the President from among individuals recommended
  by the National Conference of Mayors;
  (3) 2 members appointed by the President from among individuals recommended
  by the National Association of Counties;
  (4) 1 member appointed by the President from among individuals recommended
  by the Advisory Commission on Intergovernmental Relations;
  (5) 2 Members of the House of Representatives, appointed by the Speaker
  of the House of Representatives;
  (6) 2 members representing State or local governments, appointed by the
  Speaker of the House of Representatives;
  (7) 2 Members of the Senate, appointed by the majority leader of the
  Senate; and
  (8) 2 members representing State or local governments, appointed by the
  majority leader of the Senate.
  (b) POLITICAL AFFILIATION- Of the members appointed under any paragraph
  of subsection (a), not more than 1 member appointed under such paragraph
  may be of the same political party.
  (c) WAIVER OF LIMITATION ON EXECUTIVE SCHEDULE POSITIONS- Appointments may
  be made under this section without regard to section 5311(b) of title 5,
  United States Code.
  (d) CONTINUATION OF MEMBERSHIP- If a member was appointed to the Commission
  as a Member of Congress or any local government and the member ceases to be
  a Member of Congress or such government, or was appointed to the Commission
  because the member was not an officer or employee of any government and
  later becomes an officer or employee of a government, that member may
  continue as a member for not longer than the 30-day period beginning on
  the date that member ceases to be a Member of Congress or such government,
  or becomes such an officer or employee, as the case may be.
  (e) TERMS- Each member shall be appointed for the life of the Commission.
  (f) VACANCIES- A vacancy in the Commission shall be filled not later than
  30 days after the Commission is informed of the vacancy in the manner in
  which the original appointment was made.
  (g) PROHIBITION OF COMPENSATION-
  (1) IN GENERAL- Except as provided in paragraph (2), members of the
  Commission shall not receive pay, allowances, or benefits by reason of
  their service on the Commission.
  (2) TRAVEL EXPENSES- Each member shall receive travel expenses, including
  per diem in lieu of subsistence, in accordance with sections 5702 and 5703
  of title 5, United States Code.
  (h) QUORUM- 8 members of the Commission shall constitute a quorum but a
  fewer number may hold hearings.
  (i) CHAIRPERSON; VICE CHAIRPERSON- The Chairperson and Vice Chairperson of
  the Commission shall be designated by the President from among the members.
  (j) MEETINGS- The Commission shall meet quarterly at the call of the
  Chairperson.
SEC. 6. STAFF AND SUPPORT SERVICES.
  (a) DIRECTOR- The Commission shall have a Director appointed by
  the Chairperson and paid, to the extent of amounts made available in
  appropriation Acts, at a rate not to exceed the rate of basic pay payable
  for level V of the Executive Schedule.
  (b) STAFF- With the approval of the Commission, the Director may appoint
  personnel as the Director considers appropriate.
  (c) APPLICABILITY OF CERTAIN CIVIL SERVICE LAWS- The staff of the Commission
  shall be appointed subject to the provisions of title 5, United States Code,
  governing appointments in the competitive service, and shall be paid in
  accordance with the provisions of chapter 51 and subchapter III of chapter
  53 of that title relating to classification and General Schedule pay rates.
  (d) STAFF OF FEDERAL AGENCIES- Upon request of the Commission, the head
  of any Federal agency may detail, on a reimbursable basis, any of the
  personnel of the agency to the Commission to assist it in carrying out
  its duties under this Act.
  (e) EXPERTS AND CONSULTANTS- With the approval of the Commission, the
  Director may procure temporary and intermittent services under section
  3109(b) of title 5, United States Code.
  (f) PHYSICAL FACILITIES- The General Services Administration shall find
  suitable office space for the operation of the Commission. The facilities
  shall serve as the headquarters of the Commission and shall include all
  necessary equipment and incidentals required for the proper functioning
  of the Commission.
SEC. 7. POWERS.
  (a) HEARINGS- The Commission may, for the purpose of carrying out this Act,
  hold hearings, sit and act at times and places, take testimony, and receive
  evidence as the Commission considers appropriate.
  (b) DELEGATION OF AUTHORITY- Any member or agent of the Commission may,
  if authorized by the Commission, take any action that the Commission is
  authorized to take by this Act.
  (c) INFORMATION-
  (1) IN GENERAL- The Commission may secure directly from any Federal agency
  information necessary to enable it to carry out this Act. Upon request
  of the Chairperson or Vice Chairperson of the Commission, the head of the
  Federal agency shall furnish the information to the Commission.
  (2) EXCEPTION- Paragraph (1) shall not apply to any information that the
  Commission is prohibited to secure or request by another law.
  (d) GIFTS, BEQUESTS, AND DEVISES- The Commission may accept, use, and
  dispose of gifts, bequests, or devises of services or property, both
  real and personal, for the purpose of aiding or facilitating the work of
  the Commission. Gifts, bequests, or devises of money and proceeds from
  sales of other property received as gifts, bequests, or devises shall be
  deposited in the Treasury and shall be available for disbursement upon
  order of the Commission.
  (e) MAILS- The Commission may use the United States mails in the same
  manner and under the same conditions as other Federal agencies.
SEC. 8. REPORTS.
  (a) ANNUAL REPORTS- The Commission shall submit annually to the President
  and the Congress a report summarizing the activities of the Commission
  during the preceding year.
  (b) FINAL REPORT- Not later than the expiration of the 36-month period
  beginning on the date of the enactment of this Act, the Commission shall
  submit to the President and the Congress a final report setting forth the
  findings of the Commission and specific recommendations for legislative
  and administrative actions that the Commission determines to be appropriate.
SEC. 9. TERMINATION.
  The Commission shall cease to exist upon the expiration of the 90-day
  period beginning on the date on which the Commission submits its final
  report under section 8(b).
SEC. 10. DEFINITIONS.
  For purposes of this Act:
  (1) The term `Commission' means the National Commission on Intergovernmental
  Reform established by section 3.
  (2) The term `federally mandated program' means any program established by
  any Federal statute, rule, regulation, order, or other law that requires
  a State or local government to perform a particular service, program,
  or activity.
  (3) The term `local government' has the meaning given such term in section
  6501(6) of title 31, United States Code.
  (4) The term `State' means each of the several States, the District of
  Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern
  Mariana Islands, Guam, the Virgin Islands, American Samoa, and the Trust
  Territory of the Pacific Islands.