Title: 10th Amendment Restoration Act of 2017
Policy area: Government Operations and Politics

Summary:
10th Amendment Restoration Act of 2017
This bill establishes the Constitutional Government Review Commission, which shall review the authorizing statute and statutory authority of each agency to determine if they should be repealed to eliminate federal powers not definitively delegated by the Constitution.
The commission, after completing any such review, shall: (1) recommend whether immediate repeal action is appropriate, (2) prepare an estimate of federal spending or revenue changes resulting from adoption of a repeal recommendation, and (3) prepare a recommendation for distributing any federal budget savings among the states for the administration of powers returned to the states as a result of adoption of a repeal recommendation.
Such a review may be initiated by the President, a Member of Congress, any federal, state, local, tribal, or regional government officer or employee, or any member of the public.
The bill requires the commission to report to Congress detailing its activities and recommendations for the repeal of statutes and the distribution of savings among the states.
The bill establishes procedures for the expedited congressional consideration of commission recommendations.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1803 Introduced in House (IH)]

<DOC>






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.

    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 
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 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 commence 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 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 
        Federal Government exercises its authority.
            (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 the list under paragraph (2) a new list 
        of one or more candidates if the President--
                    (A) determines that any candidate on the 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 OF THE COMMISSION.

    (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 Commission shall have as 
a goal of the Commission to ensure that powers not delegated to the 
United States by the Constitution, nor prohibited 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 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 authorizing statute 
        of an agency and 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 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 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 
        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 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 submitter 
                believes may be helpful to the Commission's review.
            (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 
        Commission members' appointments 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 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 report 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 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); 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).
    (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 its consideration 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 the consideration of the 
                Commission bill.
                    (B) Procedure.--For a motion to proceed to the 
                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 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 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.
                    (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) 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 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 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 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, 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 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) Limitations on appointment.--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.--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, the States, 
        and federally recognized Indian Tribes 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 OF THE COMMISSION.

    (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 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 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 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 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.
    (c) Applicability of the Federal Advisory Committee Act.--
            (1) In general.--Except as otherwise provided 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 officer.--The Commission 
        shall not be subject to the control of any Advisory Committee 
        Management Officer 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 Commission 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 ``unfunded mandate'' has 
        the meaning given the term ``Federal mandate'' in section 
        421(6) of the Congressional Budget Act of 1974 (2 U.S.C. 
        658(6)).
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