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 jurisdic-
tion 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘10th Amendment Res-
toration Act of 2017’’. 
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 
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criteria to determine if such agency should be repealed to 
eliminate Federal powers not definitively delegated by the 
Constitution. 
SEC. 3. MEMBERSHIP. 
(a) NUMBER AND APPOINTMENT.—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 advise and 
consent of the Senate. 
(b) TERM.—The term of each member shall com-
mence upon the member’s confirmation by the Senate and 
shall extend to the date that is 5 years and 180 days after 
the date of enactment of this Act or that is 5 years after 
the date by which all members have been confirmed by 
the Senate, whichever is later. 
(c) APPOINTMENT.—The members of the Commis-
sion 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 funda-
mental principles by which the Federal Government 
exercises its authority. 
(2) CANDIDATE
LIST
OF
MEMBERS.—The 
Speaker of the House of Representatives, the minor-
ity leader of the House of Representatives, the ma-
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eral Government by the Constitution. In any review con-
ducted by the Commission, the Commission shall have as 
a goal of the Commission to ensure that powers not dele-
gated to the United States by the Constitution, nor pro-
hibited it to the States, are reserved to the States respec-
tively, or to the people. 
(b) METHODOLOGY FOR REVIEW.—The Commission 
shall establish a methodology for conducting the review 
and publish the terms of the methodology in the Federal 
Register and on the website of the Commission. The Com-
mission may propose and seek public comment on the 
methodology before the methodology is established. 
(c) REPEAL RECOMMENDATION.— 
(1) IN GENERAL.—After completion of any re-
view under subsection (a), the Commission shall rec-
ommend whether immediate action is appropriate to 
repeal authorizing statute of an agency and statu-
tory 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 ma-
jority vote of the Commission. No such vote shall 
take place until after all members of the Commission 
have been confirmed by the Senate. 
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(d) RECOMMENDATIONS FOR DISTRIBUTION OF SAV-
INGS AMONG THE STATES.— 
(1) IN GENERAL.—The Commission shall pre-
pare in consultation with the Comptroller General of 
the United States an estimate of Federal spending 
or revenue changes resulting from adoption of a re-
peal recommendation under subsection (c). 
(2) DISTRIBUTION RECOMMENDATIONS.—After 
completion of the estimate under paragraph (1), the 
Commission shall prepare a recommendation for dis-
tributing any Federal budget savings in lump sums 
among the States for administration of powers re-
turned to the States as a result of adoption of a re-
peal 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 author-
izing statute of an agency and statutory authority 
implemented by such agency which are submitted for 
review to the Commission by— 
(A) the President; 
(B) a Member of Congress; 
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(C) any officer or employee of a Federal, 
State, local, or Tribal government, 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) such other information as the sub-
mitter believes may be helpful to the Commis-
sion’s review. 
(3) PUBLIC
AVAILABILITY.—The Commission 
shall make each submission received under this sub-
section 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
ACTIVI-
TIES.—The Commission shall publish, in the Federal 
Register and on the website of the Commission— 
(A) notices in advance of all public meet-
ings, hearings, and recommendations informing 
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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 rec-
ommendation. 
(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 sub-
mit a report simultaneously to each House of Con-
gress 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 con-
sisting of legislative text to carry out the rec-
ommendations. 
(3) FINAL REPORT.—Not later than the date 
on which the Commission members’ appointments 
expire, the Commission shall submit a final report 
simultaneously to each House of Congress summa-
rizing all activities and recommendations of the 
Commission, including a list of each statute for im-
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mediate action to repeal and 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 re-
port of the Commission under paragraph (2) and 
may include the Commission’s recommendation 
whether the Commission should be reauthorized by 
Congress. 
(g) WEBSITE.— 
(1) IN GENERAL.—The Commission shall estab-
lish 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 com-
ments. 
(2) PUBLISHING OF INFORMATION.—Any infor-
mation 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 HEAR-
INGS.—All records of public meetings and hearings 
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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 sub-
missions. 
(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 in-
cluded in an annual report submitted by the Com-
mission 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 Rep-
resentatives or by a Member of the House of Rep-
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the Commission bill in the House of Represent-
atives. 
(B) PROCEDURE.—For a motion to pro-
ceed to consider the Commission bill— 
(i) all points of order against the mo-
tion 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 Rep-
resentatives proceeds to consideration of the Com-
mission bill— 
(A) the Commission bill shall be considered 
as read; 
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(B) all points of order against the Com-
mission bill and against its consideration are 
waived; 
(C) the previous question shall be consid-
ered 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 pas-
sage of the Commission bill shall not be in 
order. 
(4) VOTE ON PASSAGE.—In the House of Rep-
resentatives, 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 intro-
duction 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 
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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 the consideration of the Commis-
sion bill. 
(B) PROCEDURE.—For a motion to pro-
ceed to the consideration of the Commission 
bill— 
(i) all points of order against the mo-
tion are waived; 
(ii) the motion is not debatable; 
(iii) the motion is not subject to a mo-
tion 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 unfin-
ished business 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; 
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(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 di-
vided equally between the majority and mi-
nority 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 Com-
mission bill is not in order; and 
(v) a motion to proceed to the consid-
eration of other business is not in order. 
(B) VOTE ON PASSAGE.—In the Senate— 
(i) the vote on passage shall occur im-
mediately following the conclusion of the 
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. 
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(C) RULINGS OF THE CHAIR ON PROCE-
DURE.—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) COORDINATION
WITH
ACTION
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— 
(A) the Commission bill of the other House 
shall not be referred to a committee; and 
(B) with respect to the Commission bill of 
the House receiving the resolution— 
(i) the procedure in that House shall 
be the same as if no Commission bill had 
been received from the other House; and 
(ii) the vote on passage shall be on 
the Commission bill of the other House. 
(2) TREATMENT
OF
COMMISSION
BILL
OF 
OTHER HOUSE.—If one House fails to introduce or 
consider the Commission bill under this section, the 
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Commission bill of the other House shall be entitled 
to expedited floor procedures under this section. 
(3) TREATMENT OF COMPANION MEASURES.— 
If, following passage of the Commission bill in the 
Senate, the Senate receives the companion measure 
from the House of Representatives, the companion 
measure shall not be debatable. 
(4) VETOES.—If the President vetoes the Com-
mission 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 mi-
nority 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, respec-
tively, and as such is deemed a part of the rules of 
each House, respectively, but applicable only with re-
spect to the procedure to be followed in that House 
in the case of the Commission bill, and supersede 
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, 
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in the same manner, and to the same extent as in 
the case of any other rule of that House. 
SEC. 6. DIRECTOR AND STAFF OF COMMISSION; EXPERTS 
AND CONSULTANTS. 
(a) DIRECTOR OF STAFF.— 
(1) IN GENERAL.—The Commission shall ap-
point 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 addi-
tional personnel. 
(2) LIMITATIONS ON APPOINTMENT.—The Di-
rector may make such appointments without regard 
to the provisions of title 5, United States Code, gov-
erning appointments in the competitive service, and 
any personnel so appointed may be paid without re-
gard to the provisions of chapter 51 and subchapter 
III of chapter 53 of that title relating to classifica-
tion and General Schedule pay rates, except that an 
individual so appointed may not receive pay in ex-
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cess of the annual rate of basic pay payable for GS– 
15 of the General Schedule. 
(3) AGENCY ASSISTANCE.—Following consulta-
tion with and upon request of the Chair of the Com-
mission, 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.—The Comptroller General of the 
United States shall provide assistance, including the 
detailing of employees, to the Commission in accord-
ance with an agreement entered into with the Com-
mission. 
(5) ASSISTANCE FROM OTHER PARTIES.—Con-
gress, the States, and federally recognized Indian 
Tribes may provide assistance, including the detail-
ing of employees, to the Commission in accordance 
with an agreement entered into with the Commis-
sion. 
(c) EXPERTS AND CONSULTANTS.—The Commission 
may procure by contract, to the extent funds are available, 
the temporary or intermittent services of experts or con-
sultants pursuant to section 3109 of title 5, United States 
Code. 
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SEC. 7. POWERS AND AUTHORITIES OF THE COMMISSION. 
(a) HEARINGS.—The Commission may, for the pur-
pose of carrying out this Act, hold hearings to consider 
issues of fact or law relevant to the Commission’s work. 
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 doc-
uments 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 
document to the Commission as soon as possible, but not 
later than two weeks after the date on which the request 
was made. 
(c) SUBPOENAS POWER.— 
(1) IN GENERAL.—The Commission may issue 
subpoenas requiring the attendance and testimony of 
witnesses and the production of any evidence relat-
ing 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 per-
son refuses to obey a subpoena issued under para-
graph (1), the Commission may apply to a United 
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States district court for an order requiring that per-
son to appear before the Commission to give testi-
mony, 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 Pro-
cedure 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. 
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SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There are authorized to be appro-
priated 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. 
(c) APPLICABILITY
OF
THE FEDERAL ADVISORY 
COMMITTEE ACT.— 
(1) IN
GENERAL.—Except as otherwise pro-
vided in this Act, the Commission shall be subject to 
the provisions of the Federal Advisory Committee 
Act (5 U.S.C. App.). 
(2) ADVISORY COMMITTEE MANAGEMENT OFFI-
CER.—The Commission shall not be subject to the 
control of any Advisory Committee Management Of-
ficer designated under section 8(b)(1) of the Federal 
Advisory Committee Act (5 U.S.C. App.). 
(3) SUBCOMMITTEE.—Any subcommittee of the 
Commission shall be treated as the Commission for 
purposes of the Federal Advisory Committee Act (5 
U.S.C. App.). 
(4) CHARTER.—The enactment of this Act shall 
be considered to meet the requirements of the Com-
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mission under section 9(c) of the Federal Advisory 
Committee Act (5 U.S.C. App.). 
SEC. 9. TERMINATION. 
The Commission shall terminate on the date that is 
5 years and 180 days after the date of enactment of this 
Act or 5 years after the date by which all Commission 
members’ terms have commenced, whichever is later. 
SEC. 10. 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) UNFUNDED
MANDATE.—The term ‘‘un-
funded mandate’’ has the meaning given the term 
‘‘Federal mandate’’ in section 421(6) of the Con-
gressional Budget Act of 1974 (2 U.S.C. 658(6)). 
Æ 
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