119-hr2677

[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agency should be repealed to eliminate Federal powers not definitively 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).
 <all>