H.R. 2677 — 10th Amendment Restoration Act of 2025

This section establishes the Constitutional Government Review Commission to review each federal agency in accordance with specified criteria to determine whether the agency should be repealed to eliminate federal powers not definitively delegated by the Constitution.

This section establishes a nine-member commission, with members appointed by the President by and with the advice and consent of the Senate not later than 180 days after enactment of this Act. The President appoints the chair (with expertise in the Constitution and federal authority principles) and two members from candidate lists submitted by the Speaker and minority leader of the House and the majority and minority leaders of the Senate (candidates learned in the original meaning of the Constitution); terms commence upon Senate confirmation and extend five years (plus 180 days after enactment or five years after all confirmations, whichever is later). Commission members other than the chair are paid at the daily equivalent of the minimum rate for level IV of the Executive Schedule, and the chair at level III; members receive travel expenses per 5 U.S.C. §§5702-5703. The commission may meet as it determines appropriate but must hold public meetings at least twice annually, with all meetings open to the public.

This section directs the Commission to review the authorizing statutes and statutory authorities of federal agencies to determine whether they are constitutionally delegated to the federal government (per the 10th Amendment, reserving undelegated powers to the states or the people). The Commission must (1) establish and publish a review methodology in the Federal Register and on its website (after optional public comment); (2) recommend repeal of non-constitutional statutes and authorities by majority vote (after all members are Senate-confirmed); (3) estimate related federal spending or revenue changes (in consultation with the Comptroller General) and recommend lump-sum distribution of savings to states for administering returned powers; and (4) conduct reviews of agency statutes submitted by the President, Members of Congress, government officials, or the public (making submissions public within 1 week). The section further requires the Commission to publish notices of and reports on its activities in the Federal Register and on its website; submit annual reports to Congress (beginning 1 year after all members are confirmed) and a final report (upon member expirations) detailing activities, repeal recommendations, savings distributions, and (optionally) legislative text or reauthorization; and maintain a public website publishing all records, comments, submissions, and notices (e.g., meeting records and notices within 1 week).

This section establishes expedited procedures in the House of Representatives and Senate for a "Commission bill," defined as a bill consisting solely of the legislative text in the Commission's annual report under section 4(f)(2) or final report under section 4(f)(3), introduced by the majority leader (Senate) or Speaker (House)—or their designee—within five legislative days of report submission. In the House, the bill is placed immediately on the calendar; a motion to proceed is in order within 30 legislative days (with all points of order waived, no debate, and no reconsideration); upon proceeding, the bill is considered as read, all points of order are waived, debate is limited to 10 hours equally divided, no amendments are in order, and it passes by majority of Members present and voting (quorum required). In the Senate, the bill is placed immediately on the calendar; notwithstanding rule XXII, a motion to proceed is in order within 30 legislative days (with all points of order waived, no debate or postponement, and no reconsideration); upon proceeding, all points of order are waived, debate is limited to 30 hours equally divided between leaders or designees, no amendments, postponements, commitments, or motions for other business are in order, and it passes by majority of Members present and voting (quorum required, with vote immediately after debate). If one chamber receives the other chamber's Commission bill before passing its own, the received bill is not referred to committee and receives no consideration except for final passage; procedures in the receiving chamber for its own bill are unaffected (text incomplete in provided provision).

This section establishes a Commission Director position paid at the Executive Schedule level V rate under 5 U.S.C. 5316. It authorizes the Director to appoint and set pay for additional staff without regard to competitive service appointment rules or General Schedule classification and pay rates (5 U.S.C. ch. 51, subch. III ch. 53), capped at the GS-15 annual rate; and directs agencies, GAO, Congress, and states to provide assistance, including employee details, upon request or agreement. It further authorizes the Commission to procure temporary or intermittent expert and consultant services under 5 U.S.C. 3109 (i.e., by contract without regard to competitive service, classification, and pay rules).

This section authorizes the Commission to (1) hold public hearings on relevant issues of fact or law; (2) secure information and documents directly from federal agencies, with agency heads required to respond within two weeks of the chair's request; (3) issue subpoenas for witness testimony and evidence production nationwide, enforceable by U.S. district courts with civil contempt penalties for noncompliance and service per Federal Rules of Civil Procedure; and (4) lease space and acquire personal property to the extent funds are available.

This section authorizes appropriations of up to $30 million for the Commission to carry out this Act. Such funds remain available without fiscal year limitation until expended or the Commission terminates.

This section subjects the Commission to the Federal Advisory Committee Act (FACA; chapter 10 of title 5, U.S. Code), except as otherwise provided in this Act. It (1) exempts the Commission from control by any advisory committee management officer designated under FACA; (2) treats any Commission subcommittee as the Commission itself for FACA purposes; and (3) deems enactment of this Act to satisfy the Commission's FACA charter requirements.

This section terminates the Commission on the later of (1) 5 years and 180 days after the date of enactment of this Act or (2) 5 years after the date on which the terms of all Commission members have commenced.

This section defines terms for purposes of the Act, including (1) "agency," as having the meaning given the term in 5 U.S.C. 551; (2) "State," to mean each of the several States, the District of Columbia, each commonwealth, territory, or possession of the United States, and each federally recognized Indian Tribe; and (3) "unfunded mandate," to have the meaning of "Federal mandate" in 2 U.S.C. 658 (i.e., certain requirements imposed on state, local, tribal governments, or the private sector by Federal law).