[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2677 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 2677
To establish the Constitutional Government Review Commission, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 7, 2025
Mr. Dunn of Florida (for himself, Mr. Scott Franklin of Florida, and
Mr. Baird) introduced the following bill; which was referred to the
Committee on Oversight and Government Reform, and in addition to the
Committee on Rules, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To establish the Constitutional Government Review Commission, 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 ``10th Amendment Restoration Act of
2025''.
SEC. 2. ESTABLISHMENT.
There is established a commission, to be known as the
``Constitutional Government Review Commission'', that shall review each
agency in accordance with specified criteria to determine if such
agency should be repealed to eliminate Federal powers not definitively
delegated by the Constitution.
SEC. 3. MEMBERSHIP.
(a) In General.--The Commission shall be composed of 9 members who
shall be appointed by the President, not later than 180 days after the
date of the enactment of this Act, by and with the advice and consent
of the Senate.
(b) Term.--The term of each member shall commence upon the
confirmation of the member by the Senate and shall extend to the date
that is 5 years and 180 days after the date of the enactment of this
Act or that is 5 years after the date on which all members have been
confirmed by the Senate, whichever is later.
(c) Appointment.--The members of the Commission shall be appointed
as follows:
(1) Chair.--The President shall appoint as the Chair of the
Commission an individual with expertise and experience in the
Constitution and the fundamental principles by which the
authority of the Federal Government is exercised.
(2) Candidate list of members.--The Speaker of the House of
Representatives, the minority leader of the House of
Representatives, the majority leader of the Senate, and the
minority leader of the Senate shall each present to the
President a list of candidates to be members of the Commission.
Such candidates shall be individuals learned in the original
meaning of the Constitution. The President shall appoint 2
members of the Commission from each list provided under this
paragraph, subject to the provisions of paragraph (3).
(3) Resubmission of candidate.--The President may request
from the presenter of a list under paragraph (2) a new list of
one or more candidates if the President--
(A) determines that any candidate on a list
presented pursuant to paragraph (2) does not meet the
qualifications specified in such paragraph to be a
member of the Commission; and
(B) certifies that determination to the
congressional officials specified in paragraph (2).
(d) Pay and Travel Expenses.--
(1) Pay.--
(A) Members.--Each member, other than the Chair of
the Commission, shall be paid at a rate equal to the
daily equivalent of the minimum annual rate of basic
pay payable for level IV of the Executive Schedule
under section 5315 of title 5, United States Code, for
each day (including travel time) during which the
member is engaged in the actual performance of duties
vested in the Commission.
(B) Chair.--The Chair shall be paid for each day
referred to in subparagraph (A) at a rate equal to the
daily equivalent of the minimum annual rate of basic
pay payable for level III of the Executive Schedule
under section 5314 of title 5, United States Code.
(2) Travel expenses.--Members shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with sections 5702 and 5703 of title 5, United
States Code.
(e) Meetings.--The Commission may meet when, where, and as often as
the Commission determines appropriate, except that the Commission shall
hold public meetings not less than twice each year. All meetings of the
Commission shall be open to the public.
SEC. 4. DUTIES.
(a) In General.--The Commission shall conduct a review of the
authorizing statute of each agency and the statutory authority
implemented by each such agency to determine if any are not
definitively delegated to the Federal Government by the Constitution.
In any review conducted by the Commission, the goal of the Commission
shall be to ensure that powers not delegated to the United States by
the Constitution, nor prohibited by it to the States, are reserved to
the States respectively, or to the people.
(b) Methodology for Review.--The Commission shall establish a
methodology for conducting the review and shall publish the terms of
the methodology in the Federal Register and on the website of the
Commission. The Commission may propose and seek public comment on the
methodology before the methodology is established.
(c) Repeal Recommendation.--
(1) In general.--After completion of any review under
subsection (a), the Commission shall recommend whether
immediate action is appropriate to repeal the authorizing
statute of an agency and the statutory authority implemented by
such agency.
(2) Decisions by majority.--Each decision by the Commission
to issue a repeal recommendation under this subsection shall be
made by a simple majority vote of the Commission. No such vote
shall take place until after all members of the Commission have
been confirmed by the Senate.
(d) Recommendations for Distribution of Savings Among the States.--
(1) In general.--The Commission shall prepare, in
consultation with the Comptroller General of the United States,
an estimate of Federal spending or revenue changes resulting
from the adoption of a repeal recommendation under subsection
(c).
(2) Distribution recommendations.--After completion of the
estimate under paragraph (1), the Commission shall prepare a
recommendation for distributing any Federal budget savings in
lump sums among the States for administration of powers
returned to the States as a result of the adoption of a repeal
recommendation under subsection (c).
(e) Initiation of Review by Other Persons.--
(1) In general.--The Commission may also conduct a review
under subsection (a), and issue a recommendation under
subsection (c), of an authorizing statute of an agency and the
statutory authority implemented by such agency which are
submitted for review to the Commission by--
(A) the President;
(B) a Member of Congress;
(C) any officer or employee of a Federal, State,
local, or regional governmental body; or
(D) any member of the public.
(2) Form of submission.--A submission to the Commission
under this subsection shall--
(A) identify the specific agency for review;
(B) provide a statement of evidence to demonstrate
that the agency qualifies to be identified for review
under the criteria listed in subsection (a); and
(C) include such other information as the submitter
believes may be helpful to the review of the
Commission.
(3) Public availability.--The Commission shall make each
submission received under this subsection available on the
website of the Commission as soon as possible, but not later
than 1 week after the date on which the submission was
received.
(f) Notices and Reports of the Commission.--
(1) Notices of and reports on activities.--The Commission
shall publish in the Federal Register and on the website of the
Commission--
(A) notices in advance of all public meetings,
hearings, and recommendations informing the public of
the basis, purpose, and procedures for the meeting,
hearing, or classification; and
(B) reports after the conclusion of any public
meeting, hearing, or recommendation summarizing in
detail the basis, purpose, and substance of the
meeting, hearing, or recommendation.
(2) Annual reports to congress.--Each year, beginning on
the date that is 1 year after the date on which all Commission
members have been confirmed by the Senate, the Commission shall
submit a report simultaneously to each House of Congress
detailing the activities of the Commission for the previous
year, and all recommendations of the Commission for repeal and
distribution of savings among the States under this section,
including (at the option of the Commission) a proposed bill
consisting of legislative text to carry out the
recommendations.
(3) Final report.--Not later than the date on which the
appointments of the Commission members expire, the Commission
shall submit a final report simultaneously to each House of
Congress summarizing all activities and recommendations of the
Commission, including a list of each statute for immediate
action to repeal, recommendations for distribution of savings
among the States, and (at the option of the Commission) a
proposed bill consisting of legislative text to carry out the
recommendations. This report may be included in the final
annual report of the Commission under paragraph (2) and may
include a recommendation on whether the Commission should be
reauthorized by Congress.
(g) Website.--
(1) In general.--The Commission shall establish a public
website that--
(A) uses current information technology to make
records available on the website;
(B) provides information in a standard data format;
and
(C) receives and publishes public comments.
(2) Publishing of information.--Any information required to
be made available on the website established pursuant to this
Act shall be published in a timely manner and shall be
accessible by the public on the website at no cost.
(3) Record of public meetings and hearings.--All records of
public meetings and hearings shall be published on the website
as soon as possible, but not later than 1 week after the date
on which such public meeting or hearing occurred.
(4) Public comments.--The Commission shall publish on the
website all public comments and submissions.
(5) Notices.--The Commission shall publish on the website
notices of all public meetings and hearings at least 1 week
before the date on which such public meeting or hearing occurs.
SEC. 5. EXPEDITED PROCEDURES FOR CONSIDERATION OF COMMISSION
RECOMMENDATIONS.
(a) Description of Commission Bill.--In this section, the
``Commission bill'' is a bill--
(1) which consists of the legislative text included in an
annual report submitted by the Commission under paragraph (2)
of section 4(f) and which is introduced not later than 5
legislative days after the date on which the Commission submits
such annual report by the majority leader of the Senate or by a
Member of the Senate designated by the majority leader of the
Senate (in the case of the Senate) or by the Speaker of the
House of Representatives or by a Member of the House of
Representatives designated by the Speaker (in the case of the
House of Representatives); and
(2) which consists of the legislative text included in the
final report submitted by the Commission under paragraph (3) of
section 4(f) and which is introduced not later than 5
legislative days after the date on which the Commission submits
such final report by the majority leader of the Senate or by a
Member of the Senate designated by the majority leader of the
Senate (in the case of the Senate) or by the Speaker of the
House of Representatives or by a Member of the House of
Representatives designated by the Speaker (in the case of the
House of Representatives).
(b) Expedited Consideration in House of Representatives.--
(1) Placement on calendar.--Upon introduction in the House
of Representatives, the Commission bill shall be placed
immediately on the appropriate calendar.
(2) Proceeding to consideration.--
(A) In general.--It shall be in order, not later
than 30 legislative days after the date the Commission
bill is introduced in the House of Representatives, to
move to proceed to consider the Commission bill in the
House of Representatives.
(B) Procedure.--For a motion to proceed to consider
the Commission bill--
(i) all points of order against the motion
are waived;
(ii) such a motion shall not be in order
after the House of Representatives has disposed
of a motion to proceed on the Commission bill;
(iii) the previous question shall be
considered as ordered on the motion to its
adoption without intervening motion;
(iv) the motion shall not be debatable; and
(v) a motion to reconsider the vote by
which the motion is disposed of shall not be in
order.
(3) Consideration.--When the House of Representatives
proceeds to consideration of the Commission bill--
(A) the Commission bill shall be considered as
read;
(B) all points of order against the Commission bill
(and against consideration of the Commission bill) are
waived;
(C) the previous question shall be considered as
ordered on the Commission bill to its passage without
intervening motion except 10 hours of debate equally
divided and controlled by the proponent and an
opponent;
(D) an amendment to the Commission bill shall not
be in order; and
(E) a motion to reconsider the vote on passage of
the Commission bill shall not be in order.
(4) Vote on passage.--In the House of Representatives, the
Commission bill shall be agreed to upon a vote of a majority of
the Members present and voting, a quorum being present.
(c) Expedited Consideration in Senate.--
(1) Placement on calendar.--Upon introduction in the
Senate, the Commission bill shall be placed immediately on the
calendar.
(2) Proceeding to consideration.--
(A) In general.--Notwithstanding rule XXII of the
Standing Rules of the Senate, it is in order, not later
than 30 legislative days after the date the Commission
bill is introduced in the Senate (even though a
previous motion to the same effect has been disagreed
to) to move to proceed to consideration of the
Commission bill.
(B) Procedure.--For a motion to proceed to
consideration of the Commission bill--
(i) all points of order against the motion
are waived;
(ii) the motion is not debatable;
(iii) the motion is not subject to a motion
to postpone;
(iv) a motion to reconsider the vote by
which the motion is agreed to or disagreed to
shall not be in order; and
(v) if the motion is agreed to, the
Commission bill shall remain the unfinished
business of the Senate until disposed of.
(3) Floor consideration.--
(A) In general.--If the Senate proceeds to
consideration of the Commission bill--
(i) all points of order against the
Commission bill (and against consideration of
the Commission bill) are waived;
(ii) consideration of the Commission bill,
and all debatable motions and appeals in
connection therewith, shall be limited to not
more than 30 hours, which shall be divided
equally between the majority and minority
leaders or their designees;
(iii) a motion further to limit debate is
in order and not debatable;
(iv) an amendment to, a motion to postpone,
or a motion to commit the Commission bill is
not in order; and
(v) a motion to proceed to the
consideration of other business is not in
order.
(B) Vote on passage.--In the Senate--
(i) the vote on passage shall occur
immediately following the conclusion of
consideration of the Commission bill, and a
single quorum call at the conclusion of the
debate if requested in accordance with the
rules of the Senate; and
(ii) the Commission bill shall be agreed to
upon a vote of a majority of the Members
present and voting, a quorum being present.
(C) Rulings of the chair on procedure.--Appeals
from the decisions of the Chair relating to the
application of this subsection or the rules of the
Senate, as the case may be, to the procedure relating
to the Commission bill shall be decided without debate.
(d) Rules Relating to Senate and House of Representatives.--
(1) Consideration by other house.--If, before the passage
by one House of the Commission bill of that House, that House
receives from the other House the Commission bill of the other
House--
(A) the Commission bill of the other House shall
not be referred to a committee and may not be
considered in the House receiving it except in the case
of final passage as provided in subparagraph (B)(ii);
and
(B) with respect to the Commission bill of the
House receiving the Commission bill of the other
House--
(i) the procedure in that House shall be
the same as if no Commission bill had been
received from the other House; but
(ii) the vote on final passage shall be on
the Commission bill of the other House.
(2) Treatment of commission bill originating in receiving
house.--Upon disposition of the Commission bill received from
the other House, it shall no longer be in order to consider the
Commission bill that originated in the receiving House.
(3) Treatment of commission bill received by senate.--If,
following passage of the Commission bill in the Senate, the
Senate receives the Commission bill from the House of
Representatives, the Commission bill received from the House of
Representatives shall not be debatable.
(4) Veto message in senate.--If the President vetoes the
Commission bill, consideration of a veto message in the Senate
under this section shall be not more than 10 hours equally
divided between the majority and minority leaders or their
designees.
(e) Rules of House of Representatives and Senate.--This section is
enacted by Congress--
(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of the Commission bill, and supersedes
other rules only to the extent that it is inconsistent with
such rules; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
SEC. 6. DIRECTOR, STAFF, AND EXPERTS AND CONSULTANTS.
(a) Director.--
(1) In general.--The Commission shall appoint a Director.
(2) Pay.--The Director shall be paid at the rate of basic
pay payable for level V of the Executive Schedule under section
5316 of title 5, United States Code.
(b) Staff.--
(1) In general.--Subject to paragraph (2), the Director,
with the approval of the Commission, may appoint, fix the pay
of, and terminate additional personnel.
(2) Scope of appointment authority.--The Director may make
such appointments without regard to the provisions of title 5,
United States Code, governing appointments in the competitive
service, and any personnel so appointed may be paid without
regard to the provisions of chapter 51 and subchapter III of
chapter 53 of that title relating to classification and General
Schedule pay rates, except that an individual so appointed may
not receive pay in excess of the annual rate of basic pay
payable for GS-15 of the General Schedule.
(3) Agency assistance.--Following consultation with, and
upon request of, the Chair of the Commission, the head of an
agency may detail any of the personnel of that agency to the
Commission to assist the Commission in carrying out the duties
of the Commission under this Act.
(4) GAO assistance.--The Comptroller General of the United
States shall provide assistance, including the detailing of
employees, to the Commission in accordance with an agreement
entered into with the Commission.
(5) Assistance from other parties.--Congress and the States
may provide assistance, including the detailing of employees,
to the Commission in accordance with an agreement entered into
with the Commission.
(c) Experts and Consultants.--The Commission may procure by
contract, to the extent funds are available, the temporary or
intermittent services of experts or consultants pursuant to section
3109 of title 5, United States Code.
SEC. 7. POWERS AND AUTHORITIES.
(a) Hearings.--The Commission may, for the purpose of carrying out
this Act, hold hearings to consider issues of fact or law relevant to
the work of the Commission. Any hearing held by the Commission shall be
open to the public.
(b) Access to Information.--The Commission may secure directly from
any agency information and documents necessary to enable the Commission
to carry out this Act. Upon request of the Chair of the Commission, the
head of that agency shall furnish the information or documents to the
Commission as soon as possible, but not later than two weeks after the
date on which the request was made.
(c) Subpoena Power.--
(1) In general.--The Commission may issue subpoenas
requiring the attendance and testimony of witnesses and the
production of any evidence relating to the duties of the
Commission. The attendance of witnesses and the production of
evidence may be required from any place within the United
States at any designated place of hearing within the United
States.
(2) Failure to obey a subpoena.--If a person refuses to
obey a subpoena issued under paragraph (1), the Commission may
apply to a United States district court for an order requiring
that person to appear before the Commission to give testimony,
produce evidence, or both, relating to the matter under
investigation. The application may be made within the judicial
district where the hearing is conducted or where that person is
found, resides, or transacts business. Any failure to obey the
order of the court may be punished by the court as civil
contempt.
(3) Service of subpoenas.--The subpoenas of the Commission
shall be served in the manner provided for subpoenas issued by
a United States district court under the Federal Rules of Civil
Procedure for the United States district courts.
(4) Service of process.--All process of any court to which
application is made under paragraph (2) may be served in the
judicial district in which the person required to be served
resides or may be found.
(d) Property.--The Commission may lease space and acquire personal
property to the extent funds are available.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated such sums
as may be necessary to the Commission to carry out this Act, not to
exceed $30,000,000.
(b) Availability.--Any sums appropriated under the authorization
contained in this section shall remain available, without fiscal year
limitation, until the earlier of the date that such sums are expended
or the date of the termination of the Commission.
SEC. 9. APPLICABILITY OF CHAPTER 10 OF TITLE 5, UNITED STATES CODE.
(a) In General.--Except as otherwise provided in this Act, the
Commission shall be subject to chapter 10 of title 5, United States
Code.
(b) Advisory Committee Management Office.--The Commission shall not
be subject to the control of any Advisory Committee Management Officer
designated under section 1007(b)(1) of title 5, United States Code.
(c) Subcommittee.--Any subcommittee of the Commission shall be
treated as the Commission for purposes of chapter 10 of title 5, United
States Code.
(d) Charter.--The enactment of this Act shall be considered to meet
the requirements of the Commission under section 1008(c) of title 5,
United States Code.
SEC. 10. TERMINATION.
The Commission shall terminate on the date that is 5 years and 180
days after the date of the enactment of this Act or 5 years after the
date on which the terms of all Commission members have commenced,
whichever is later.
SEC. 11. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' has the meaning given such
term in section 551 of title 5, United States Code.
(2) State.--The term ``State'' means each of the several
States, the District of Columbia, each commonwealth, territory,
or possession of the United States, and each federally
recognized Indian Tribe.
(3) Unfunded mandate.--The term ``unfunded mandate'' has
the meaning given the term ``Federal mandate'' in section 421
of the Congressional Budget Act of 1974 (2 U.S.C. 658).
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