I 

115TH CONGRESS 

1ST SESSION H. R. 1803 

To establish the Constitutional Government Review Commission, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 30, 2017 

Mr. DUNN 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘10th Amendment Res5 toration Act of 2017’’. 

6 SEC. 2. ESTABLISHMENT. 

7 There is established a commission, to be known as 

8 the ‘‘Constitutional Government Review Commission’’, 

9 that shall review each agency in accordance with specified 


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1 criteria to determine if such agency should be repealed to 

2 eliminate Federal powers not definitively delegated by the 

3 Constitution. 

4 SEC. 3. MEMBERSHIP. 

5 (a) NUMBER AND APPOINTMENT.—The Commission 

6 shall be composed of 9 members who shall be appointed 

7 by the President, not later than 180 days after the date 

8 of the enactment of this Act, by and with the advise and 

9 consent of the Senate. 

10 (b) TERM.—The term of each member shall com11 mence upon the member’s confirmation by the Senate and 

12 shall extend to the date that is 5 years and 180 days after 

13 the date of enactment of this Act or that is 5 years after 

14 the date by which all members have been confirmed by 

15 the Senate, whichever is later. 

16 (c) APPOINTMENT.—The members of the Commis17 sion shall be appointed as follows: 

18 (1) CHAIR.—The President shall appoint as the 

19 Chair of the Commission an individual with expertise 

20 and experience in the Constitution and the funda21 mental principles by which the Federal Government 

22 exercises its authority. 

23 (2) CANDIDATE LIST OF MEMBERS.—The 

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1 jority leader of the Senate, and the minority leader 

2 of the Senate shall each present to the President a 

3 list of candidates to be members of the Commission. 

4 Such candidates shall be individuals learned in the 

5 original meaning of the Constitution. The President 

6 shall appoint 2 members of the Commission from 

7 each list provided under this paragraph, subject to 

8 the provisions of paragraph (3). 

9 (3) RESUBMISSION OF CANDIDATE.—The Presi10 dent may request from the presenter of the list 

11 under paragraph (2) a new list of one or more can12 didates if the President— 

13 (A) determines that any candidate on the 

14 list presented pursuant to paragraph (2) does 

15 not meet the qualifications specified in such 

16 paragraph to be a member of the Commission; 

17 and 

18 (B) certifies that determination to the con19 gressional officials specified in paragraph (2). 

20 (d) PAY AND TRAVEL EXPENSES.— 

21 (1) PAY.— 

22 (A) MEMBERS.—Each member, other than 

23 the Chair of the Commission, shall be paid at 

24 a rate equal to the daily equivalent of the min25 imum annual rate of basic pay payable for level 


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1 IV of the Executive Schedule under section 

2 5315 of title 5, United States Code, for each 

3 day (including travel time) during which the 

4 member is engaged in the actual performance of 

5 duties vested in the Commission. 

6 (B) CHAIR.—The Chair shall be paid for 

7 each day referred to in subparagraph (A) at a 

8 rate equal to the daily equivalent of the min9 imum annual rate of basic pay payable for level 

10 III of the Executive Schedule under section 

11 5314 of title 5, United States Code. 

12 (2) TRAVEL EXPENSES.—Members shall receive 

13 travel expenses, including per diem in lieu of subsist14 ence, in accordance with sections 5702 and 5703 of 

15 title 5, United States Code. 

16 (e) MEETINGS.—The Commission may meet when, 

17 where, and as often as the Commission determines appro18 priate, except that the Commission shall hold public meet19 ings not less than twice each year. All meetings of the 

20 Commission shall be open to the public. 

21 SEC. 4. DUTIES OF THE COMMISSION. 

22 (a) IN GENERAL.—The Commission shall conduct a 

23 review of the authorizing statute of each agency and the 

24 statutory authority implemented by each such agency to 

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1 eral Government by the Constitution. In any review con2 ducted by the Commission, the Commission shall have as 

3 a goal of the Commission to ensure that powers not dele4 gated to the United States by the Constitution, nor pro5 hibited it to the States, are reserved to the States respec6 tively, or to the people. 

7 (b) METHODOLOGY FOR REVIEW.—The Commission 

8 shall establish a methodology for conducting the review 

9 and publish the terms of the methodology in the Federal 

10 Register and on the website of the Commission. The Com11 mission may propose and seek public comment on the 

12 methodology before the methodology is established. 

13 (c) REPEAL RECOMMENDATION.— 

14 (1) IN GENERAL.—After completion of any re15 view under subsection (a), the Commission shall rec16 ommend whether immediate action is appropriate to 

17 repeal authorizing statute of an agency and statu18 tory authority implemented by such agency. 

19 (2) DECISIONS BY MAJORITY.—Each decision 

20 by the Commission to issue a repeal recommendation 

21 under this subsection shall be made by a simple ma22 jority vote of the Commission. No such vote shall 

23 take place until after all members of the Commission 

24 have been confirmed by the Senate. 


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1 (d) RECOMMENDATIONS FOR DISTRIBUTION OF SAV2 INGS AMONG THE STATES.— 

3 (1) IN GENERAL.—The Commission shall pre4 pare in consultation with the Comptroller General of 

5 the United States an estimate of Federal spending 

6 or revenue changes resulting from adoption of a re7 peal recommendation under subsection (c). 

8 (2) DISTRIBUTION RECOMMENDATIONS.—After 

9 completion of the estimate under paragraph (1), the 

10 Commission shall prepare a recommendation for dis11 tributing any Federal budget savings in lump sums 

12 among the States for administration of powers re13 turned to the States as a result of adoption of a re14 peal recommendation under subsection (c). 

15 (e) INITIATION OF REVIEW BY OTHER PERSONS.— 

16 (1) IN GENERAL.—The Commission may also 

17 conduct a review under subsection (a), and issue a 

18 recommendation under subsection (c), of an author19 izing statute of an agency and statutory authority 

20 implemented by such agency which are submitted for 

21 review to the Commission by— 

22 (A) the President; 

23 (B) a Member of Congress; 


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1 (C) any officer or employee of a Federal, 

2 State, local, or Tribal government, or regional 

3 governmental body; or 

4 (D) any member of the public. 

5 (2) FORM OF SUBMISSION.—A submission to 

6 the Commission under this subsection shall— 

7 (A) identify the specific agency for review; 

8 (B) provide a statement of evidence to 

9 demonstrate that the agency qualifies to be 

10 identified for review under the criteria listed in 

11 subsection (a); and 

12 (C) such other information as the sub13 mitter believes may be helpful to the Commis14 sion’s review. 

15 (3) PUBLIC AVAILABILITY.—The Commission 

16 shall make each submission received under this sub17 section available on the website of the Commission 

18 as soon as possible, but not later than 1 week after 

19 the date on which the submission was received. 

20 (f) NOTICES AND REPORTS OF THE COMMISSION.— 

21 (1) NOTICES OF AND REPORTS ON ACTIVI22 TIES.—The Commission shall publish, in the Federal 

23 Register and on the website of the Commission— 

24 (A) notices in advance of all public meet25 ings, hearings, and recommendations informing 


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1 the public of the basis, purpose, and procedures 

2 for the meeting, hearing, or classification; and 

3 (B) reports after the conclusion of any 

4 public meeting, hearing, or recommendation 

5 summarizing in detail the basis, purpose, and 

6 substance of the meeting, hearing, or rec7 ommendation. 

8 (2) ANNUAL REPORTS TO CONGRESS.—Each 

9 year, beginning on the date that is 1 year after the 

10 date on which all Commission members have been 

11 confirmed by the Senate, the Commission shall sub12 mit a report simultaneously to each House of Con13 gress detailing the activities of the Commission for 

14 the previous year, and all recommendations of the 

15 Commission for repeal and distribution of savings 

16 among the States under this section, including (at 

17 the option of the Commission) a proposed bill con18 sisting of legislative text to carry out the rec19 ommendations. 

20 (3) FINAL REPORT.—Not later than the date 

21 on which the Commission members’ appointments 

22 expire, the Commission shall submit a final report 

23 simultaneously to each House of Congress summa24 rizing all activities and recommendations of the 

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1 mediate action to repeal and recommendations for 

2 distribution of savings among the States and (at the 

3 option of the Commission) a proposed bill consisting 

4 of legislative text to carry out the recommendations. 

5 This report may be included in the final annual re6 port of the Commission under paragraph (2) and 

7 may include the Commission’s recommendation 

8 whether the Commission should be reauthorized by 

9 Congress. 

10 (g) WEBSITE.— 

11 (1) IN GENERAL.—The Commission shall estab12 lish a public website that— 

13 (A) uses current information technology to 

14 make records available on the website; 

15 (B) provides information in a standard 

16 data format; and 

17 (C) receives and publishes public com18 ments. 

19 (2) PUBLISHING OF INFORMATION.—Any infor20 mation required to be made available on the website 

21 established pursuant to this Act shall be published 

22 in a timely manner and shall be accessible by the 

23 public on the website at no cost. 

24 (3) RECORD OF PUBLIC MEETINGS AND HEAR25 INGS.—All records of public meetings and hearings 


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1 shall be published on the website as soon as possible, 

2 but not later than 1 week after the date on which 

3 such public meeting or hearing occurred. 

4 (4) PUBLIC COMMENTS.—The Commission shall 

5 publish on the website all public comments and sub6 missions. 

7 (5) NOTICES.—The Commission shall publish 

8 on the website notices of all public meetings and 

9 hearings at least 1 week before the date on which 

10 such public meeting or hearing occurs. 

11 SEC. 5. EXPEDITED PROCEDURES FOR CONSIDERATION OF 

12 COMMISSION RECOMMENDATIONS. 

13 (a) DESCRIPTION OF COMMISSION BILL.—In this 

14 section, the ‘‘Commission bill’’ is a bill— 

15 (1) which consists of the legislative text in16 cluded in an annual report submitted by the Com17 mission under paragraph (2) of section 4(f) and 

18 which is introduced not later than 5 legislative days 

19 after the date on which the Commission submits 

20 such annual report by the majority leader of the 

21 Senate or by a Member of the Senate designated by 

22 the majority leader of the Senate (in the case of the 

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1 resentatives designated by the Speaker (in the case 

2 of the House); and 

3 (2) which consists of the legislative text in4 cluded in the final report submitted by the Commis5 sion under paragraph (3) of section 4(f) and which 

6 is introduced not later than 5 legislative days after 

7 the date on which the Commission submits such 

8 final report by the majority leader of the Senate or 

9 by a Member of the Senate designated by the major10 ity leader of the Senate (in the case of the Senate) 

11 or by the Speaker of the House of Representatives 

12 or by a Member of the House of Representatives 

13 designated by the Speaker (in the case of the 

14 House). 

15 (b) EXPEDITED CONSIDERATION IN HOUSE OF REP16 RESENTATIVES.— 

17 (1) PLACEMENT ON CALENDAR.—Upon intro18 duction in the House of Representatives, the Com19 mission bill shall be placed immediately on the ap20 propriate calendar. 

21 (2) PROCEEDING TO CONSIDERATION.— 

22 (A) IN GENERAL.—It shall be in order, not 

23 later than 30 legislative days after the date the 

24 Commission bill is introduced in the House of 

25 Representatives, to move to proceed to consider 


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1 the Commission bill in the House of Represent2 atives. 

3 (B) PROCEDURE.—For a motion to pro4 ceed to consider the Commission bill— 

5 (i) all points of order against the mo6 tion are waived; 

7 (ii) such a motion shall not be in 

8 order after the House of Representatives 

9 has disposed of a motion to proceed on the 

10 Commission bill; 

11 (iii) the previous question shall be 

12 considered as ordered on the motion to its 

13 adoption without intervening motion; 

14 (iv) the motion shall not be debatable; 

15 and 

16 (v) a motion to reconsider the vote by 

17 which the motion is disposed of shall not 

18 be in order. 

19 (3) CONSIDERATION.—When the House of Rep20 resentatives proceeds to consideration of the Com21 mission bill— 

22 (A) the Commission bill shall be considered 

23 as read; 


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1 (B) all points of order against the Com2 mission bill and against its consideration are 

3 waived; 

4 (C) the previous question shall be consid5 ered as ordered on the Commission bill to its 

6 passage without intervening motion except 10 

7 hours of debate equally divided and controlled 

8 by the proponent and an opponent; 

9 (D) an amendment to the Commission bill 

10 shall not be in order; and 

11 (E) a motion to reconsider the vote on pas12 sage of the Commission bill shall not be in 

13 order. 

14 (4) VOTE ON PASSAGE.—In the House of Rep15 resentatives, the Commission bill shall be agreed to 

16 upon a vote of a majority of the Members present 

17 and voting, a quorum being present. 

18 (c) EXPEDITED CONSIDERATION IN SENATE.— 

19 (1) PLACEMENT ON CALENDAR.—Upon intro20 duction in the Senate, the Commission bill shall be 

21 placed immediately on the calendar. 

22 (2) PROCEEDING TO CONSIDERATION.— 

23 (A) IN GENERAL.—Notwithstanding rule 

24 XXII of the Standing Rules of the Senate, it is 

25 in order, not later than 30 legislative days after 


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1 the date the Commission bill is introduced in 

2 the Senate (even though a previous motion to 

3 the same effect has been disagreed to) to move 

4 to proceed to the consideration of the Commis5 sion bill. 

6 (B) PROCEDURE.—For a motion to pro7 ceed to the consideration of the Commission 

8 bill— 

9 (i) all points of order against the mo10 tion are waived; 

11 (ii) the motion is not debatable; 

12 (iii) the motion is not subject to a mo13 tion to postpone; 

14 (iv) a motion to reconsider the vote by 

15 which the motion is agreed to or disagreed 

16 to shall not be in order; and 

17 (v) if the motion is agreed to, the 

18 Commission bill shall remain the unfin19 ished business until disposed of. 

20 (3) FLOOR CONSIDERATION.— 

21 (A) IN GENERAL.—If the Senate proceeds 

22 to consideration of the Commission bill— 

23 (i) all points of order against the 

24 Commission bill (and against consideration 

25 of the Commission bill) are waived; 


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1 (ii) consideration of the Commission 

2 bill, and all debatable motions and appeals 

3 in connection therewith, shall be limited to 

4 not more than 30 hours, which shall be di5 vided equally between the majority and mi6 nority leaders or their designees; 

7 (iii) a motion further to limit debate 

8 is in order and not debatable; 

9 (iv) an amendment to, a motion to 

10 postpone, or a motion to commit the Com11 mission bill is not in order; and 

12 (v) a motion to proceed to the consid13 eration of other business is not in order. 

14 (B) VOTE ON PASSAGE.—In the Senate— 

15 (i) the vote on passage shall occur im16 mediately following the conclusion of the 

17 consideration of the Commission bill, and a 

18 single quorum call at the conclusion of the 

19 debate if requested in accordance with the 

20 rules of the Senate; and 

21 (ii) the Commission bill shall be 

22 agreed to upon a vote of a majority of the 

23 Members present and voting, a quorum 

24 being present. 


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1 (C) RULINGS OF THE CHAIR ON PROCE2 DURE.—Appeals from the decisions of the Chair 

3 relating to the application of this subsection or 

4 the rules of the Senate, as the case may be, to 

5 the procedure relating to the Commission bill 

6 shall be decided without debate. 

7 (d) RULES RELATING TO SENATE AND HOUSE OF

8 REPRESENTATIVES.— 

9 (1) COORDINATION WITH ACTION BY OTHER

10 HOUSE.—If, before the passage by one House of the 

11 Commission bill of that House, that House receives 

12 from the other House the Commission bill— 

13 (A) the Commission bill of the other House 

14 shall not be referred to a committee; and 

15 (B) with respect to the Commission bill of 

16 the House receiving the resolution— 

17 (i) the procedure in that House shall 

18 be the same as if no Commission bill had 

19 been received from the other House; and 

20 (ii) the vote on passage shall be on 

21 the Commission bill of the other House. 

22 (2) TREATMENT OF COMMISSION BILL OF

23 OTHER HOUSE.—If one House fails to introduce or 

24 consider the Commission bill under this section, the 


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1 Commission bill of the other House shall be entitled 

2 to expedited floor procedures under this section. 

3 (3) TREATMENT OF COMPANION MEASURES.— 

4 If, following passage of the Commission bill in the 

5 Senate, the Senate receives the companion measure 

6 from the House of Representatives, the companion 

7 measure shall not be debatable. 

8 (4) VETOES.—If the President vetoes the Com9 mission bill, consideration of a veto message in the 

10 Senate under this section shall be not more than 10 

11 hours equally divided between the majority and mi12 nority leaders or their designees. 

13 (e) RULES OF HOUSE OF REPRESENTATIVES AND

14 SENATE.—This section is enacted by Congress— 

15 (1) as an exercise of the rulemaking power of 

16 the Senate and House of Representatives, respec17 tively, and as such is deemed a part of the rules of 

18 each House, respectively, but applicable only with re19 spect to the procedure to be followed in that House 

20 in the case of the Commission bill, and supersede 

21 other rules only to the extent that it is inconsistent 

22 with such rules; and 

23 (2) with full recognition of the constitutional 

24 right of either House to change the rules (so far as 

25 relating to the procedure of that House) at any time, 


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1 in the same manner, and to the same extent as in 

2 the case of any other rule of that House. 

3 SEC. 6. DIRECTOR AND STAFF OF COMMISSION; EXPERTS 

4 AND CONSULTANTS. 

5 (a) DIRECTOR OF STAFF.— 

6 (1) IN GENERAL.—The Commission shall ap7 point a Director. 

8 (2) PAY.—The Director shall be paid at the 

9 rate of basic pay payable for level V of the Executive 

10 Schedule under section 5316 of title 5, United 

11 States Code. 

12 (b) STAFF.— 

13 (1) IN GENERAL.—Subject to paragraph (2), 

14 the Director, with the approval of the Commission, 

15 may appoint, fix the pay of, and terminate addi16 tional personnel. 

17 (2) LIMITATIONS ON APPOINTMENT.—The Di18 rector may make such appointments without regard 

19 to the provisions of title 5, United States Code, gov20 erning appointments in the competitive service, and 

21 any personnel so appointed may be paid without re22 gard to the provisions of chapter 51 and subchapter 

23 III of chapter 53 of that title relating to classifica24 tion and General Schedule pay rates, except that an 

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1 cess of the annual rate of basic pay payable for GS– 

2 15 of the General Schedule. 

3 (3) AGENCY ASSISTANCE.—Following consulta4 tion with and upon request of the Chair of the Com5 mission, the head of an agency may detail any of the 

6 personnel of that agency to the Commission to assist 

7 the Commission in carrying out the duties of the 

8 Commission under this Act. 

9 (4) GAO.—The Comptroller General of the 

10 United States shall provide assistance, including the 

11 detailing of employees, to the Commission in accord12 ance with an agreement entered into with the Com13 mission. 

14 (5) ASSISTANCE FROM OTHER PARTIES.—Con15 gress, the States, and federally recognized Indian 

16 Tribes may provide assistance, including the detail17 ing of employees, to the Commission in accordance 

18 with an agreement entered into with the Commis19 sion. 

20 (c) EXPERTS AND CONSULTANTS.—The Commission 

21 may procure by contract, to the extent funds are available, 

22 the temporary or intermittent services of experts or con23 sultants pursuant to section 3109 of title 5, United States 

24 Code. 


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1 SEC. 7. POWERS AND AUTHORITIES OF THE COMMISSION. 

2 (a) HEARINGS.—The Commission may, for the pur3 pose of carrying out this Act, hold hearings to consider 

4 issues of fact or law relevant to the Commission’s work. 

5 Any hearing held by the Commission shall be open to the 

6 public. 

7 (b) ACCESS TO INFORMATION.—The Commission 

8 may secure directly from any agency information and doc9 uments necessary to enable the Commission to carry out 

10 this Act. Upon request of the Chair of the Commission, 

11 the head of that agency shall furnish the information or 

12 document to the Commission as soon as possible, but not 

13 later than two weeks after the date on which the request 

14 was made. 

15 (c) SUBPOENAS POWER.— 

16 (1) IN GENERAL.—The Commission may issue 

17 subpoenas requiring the attendance and testimony of 

18 witnesses and the production of any evidence relat19 ing to the duties of the Commission. The attendance 

20 of witnesses and the production of evidence may be 

21 required from any place within the United States at 

22 any designated place of hearing within the United 

23 States. 

24 (2) FAILURE TO OBEY A SUBPOENA.—If a per25 son refuses to obey a subpoena issued under para26 graph (1), the Commission may apply to a United 


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1 States district court for an order requiring that per2 son to appear before the Commission to give testi3 mony, produce evidence, or both, relating to the 

4 matter under investigation. The application may be 

5 made within the judicial district where the hearing 

6 is conducted or where that person is found, resides, 

7 or transacts business. Any failure to obey the order 

8 of the court may be punished by the court as civil 

9 contempt. 

10 (3) SERVICE OF SUBPOENAS.—The subpoenas 

11 of the Commission shall be served in the manner 

12 provided for subpoenas issued by a United States 

13 district court under the Federal Rules of Civil Pro14 cedure for the United States district courts. 

15 (4) SERVICE OF PROCESS.—All process of any 

16 court to which application is made under paragraph 

17 (2) may be served in the judicial district in which 

18 the person required to be served resides or may be 

19 found. 

20 (d) PROPERTY.—The Commission may lease space 

21 and acquire personal property to the extent funds are 

22 available. 


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1 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) IN GENERAL.—There are authorized to be appro3 priated such sums as may be necessary to the Commission 

4 to carry out this Act, not to exceed $30,000,000. 

5 (b) AVAILABILITY.—Any sums appropriated under 

6 the authorization contained in this section shall remain 

7 available, without fiscal year limitation, until the earlier 

8 of the date that such sums are expended or the date of 

9 the termination of the Commission. 

10 (c) APPLICABILITY OF THE FEDERAL ADVISORY

11 COMMITTEE ACT.— 

12 (1) IN GENERAL.—Except as otherwise pro13 vided in this Act, the Commission shall be subject to 

14 the provisions of the Federal Advisory Committee 

15 Act (5 U.S.C. App.). 

16 (2) ADVISORY COMMITTEE MANAGEMENT OFFI17 CER.—The Commission shall not be subject to the 

18 control of any Advisory Committee Management Of19 ficer designated under section 8(b)(1) of the Federal 

20 Advisory Committee Act (5 U.S.C. App.). 

21 (3) SUBCOMMITTEE.—Any subcommittee of the 

22 Commission shall be treated as the Commission for 

23 purposes of the Federal Advisory Committee Act (5 

24 U.S.C. App.). 

25 (4) CHARTER.—The enactment of this Act shall 

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1 mission under section 9(c) of the Federal Advisory 

2 Committee Act (5 U.S.C. App.). 

3 SEC. 9. TERMINATION. 

4 The Commission shall terminate on the date that is 

5 5 years and 180 days after the date of enactment of this 

6 Act or 5 years after the date by which all Commission 

7 members’ terms have commenced, whichever is later. 

8 SEC. 10. DEFINITIONS. 

9 In this Act: 

10 (1) AGENCY.—The term ‘‘agency’’ has the 

11 meaning given such term in section 551 of title 5, 

12 United States Code. 

13 (2) UNFUNDED MANDATE.—The term ‘‘un14 funded mandate’’ has the meaning given the term 

15 ‘‘Federal mandate’’ in section 421(6) of the Con16 gressional Budget Act of 1974 (2 U.S.C. 658(6)). 

Æ 


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