,i #aaeth ,,congress #ast ,session ,h4 ,r4 #ahjc ,,in ,,the ,,house ,,of ,,representatives ,march #cj1 #bjag,mr4 ,dunn introduced the following bill2 which was referred to the ,committee on ,oversight and ,government ,reform1 and in addition to the ,committee on ,rules1 for a period to be subsequently determined by the ,speaker1 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 ,commission1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the #ajth ,amendment ,restoration ,act of #bjag4 #b4 ,establishment ,there is established a commission1 to be known as the ,constitutional ,government ,review ,commission1 that shall review each agency in accordance with specified criteria to determine if such agency should be repealed to eliminate ,federal powers not definitively delegated by the ,constitution4 #c4 ,membership 7a7 ,number and appointment ,the ,commission shall be composed of #i members who shall be appointed by the ,president1 not later than #ahj days after the date of the enactment of this ,act1 by and with the advise and consent of the ,senate4 7b7 ,term ,the term of each member shall commence upon the member's confirmation by the ,senate and shall extend to the date that is #e years and #ahj days after the date of enactment of this ,act or that is #e years after the date by which all members have been confirmed by the ,senate1 whichever is later4 7c7 ,appointment ,the members of the ,commission shall be appointed as follows3 7#a7 ,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 authority4 7#b7 ,candidate list of members ,the ,speaker of the ,house of ,representatives1 the minority leader of the ,house of ,representatives1 the majority leader of the ,senate1 and the minority leader of the ,senate shall each present to the ,president a list of candidates to be members of the ,commission4 ,such candidates shall be individuals learned in the original meaning of the ,constitution4 ,the ,president shall appoint #b members of the ,commission from each list provided under this paragraph1 subject to the provisions of paragraph 7#c74 7#c7 ,resubmission of candidate ,the ,president may request from the presenter of the list under paragraph 7#b7 a new list of one or more candidates if the ,president-- 7,a7 determines that any candidate on the list presented pursuant to paragraph 7#b7 does not meet the qualifications specified in such paragraph to be a member of the ,commission2 and 7,b7 certifies that determination to the congressional officials specified in paragraph 7#b74 7d7 ,pay and travel expenses 7#a7 ,pay 7,a7 ,members ,each member1 other than the ,chair of the ,commission1 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 #ecae of title #e1 ,united ,states ,code1 for each day 7including travel time7 during which the member is engaged in the actual performance of duties vested in the ,commission4 7,b7 ,chair ,the ,chair shall be paid for each day referred to in subparagraph 7,a7 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 #ecad of title #e1 ,united ,states ,code4 7#b7 ,travel expenses ,members shall receive travel expenses1 including per diem in lieu of subsistence1 in accordance with sections #egjb and #egjc of title #e1 ,united ,states ,code4 7e7 ,meetings ,the ,commission may meet when1 where1 and as often as the ,commission determines appropriate1 except that the ,commission shall hold public meetings not less than twice each year4 ,all meetings of the ,commission shall be open to the public4 #d4 ,duties of the commission 7a7 ,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 ,constitution4 ,in any review conducted by the ,commission1 the ,commission shall have as a goal of the ,commission to ensure that powers not delegated to the ,united ,states by the ,constitution1 nor prohibited it to the ,states1 are reserved to the ,states respectively1 or to the people4 7b7 ,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 ,commission4 ,the ,commission may propose and seek public comment on the methodology before the methodology is established4 7c7 ,repeal recommendation 7#a7 ,in general ,after completion of any review under subsection 7a71 the ,commission shall recommend whether immediate action is appropriate to repeal authorizing statute of an agency and statutory authority implemented by such agency4 7#b7 ,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 ,commission4 ,no such vote shall take place until after all members of the ,commission have been confirmed by the ,senate4 7d7 ,recommendations for distribution of savings among the states 7#a7 ,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 7c74 7#b7 ,distribution recommendations ,after completion of the estimate under paragraph 7#a71 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 7c74 7e7 ,initiation of review by other persons 7#a7 ,in general ,the ,commission may also conduct a review under subsection 7a71 and issue a recommendation under subsection 7c71 of an authorizing statute of an agency and statutory authority implemented by such agency which are submitted for review to the ,commission by-- 7,a7 the ,president2 7,b7 a ,member of ,congress2 7,c7 any officer or employee of a ,federal1 ,state1 local1 or ,tribal government1 or regional governmental body2 or 7,d7 any member of the public4 7#b7 ,form of submission ,a submission to the ,commission under this subsection shall-- 7,a7 identify the specific agency for review2 7,b7 provide a statement of evidence to demonstrate that the agency qualifies to be identified for review under the criteria listed in subsection 7a72 and 7,c7 such other information as the submitter believes may be helpful to the ,commission's review4 7#c7 ,public availability ,the ,commission shall make each submission received under this subsection available on the website of the ,commission as soon as possible1 but not later than #a week after the date on which the submission was received4 7f7 ,notices and reports of the commission 7#a7 ,notices of and reports on activities ,the ,commission shall publish1 in the ,federal ,register and on the website of the ,commission-- 7,a7 notices in advance of all public meetings1 hearings1 and recommendations informing the public of the basis1 purpose1 and procedures for the meeting1 hearing1 or classification2 and 7,b7 reports after the conclusion of any public meeting1 hearing1 or recommendation summarizing in detail the basis1 purpose1 and substance of the meeting1 hearing1 or recommendation4 7#b7 ,annual reports to congress ,each year1 beginning on the date that is #a year after the date on which all ,commission members have been confirmed by the ,senate1 the ,commission shall submit a report simultaneously to each ,house of ,congress detailing the activities of the ,commission for the previous year1 and all recommendations of the ,commission for repeal and distribution of savings among the ,states under this section1 including 7at the option of the ,commission7 a proposed bill consisting of legislative text to carry out the recommendations4 7#c7 ,final report ,not later than the date on which the ,commission members' appointments expire1 the ,commission shall submit a final report simultaneously to each ,house of ,congress summarizing all activities and recommendations of the ,commission1 including a list of each statute for immediate action to repeal and recommendations for distribution of savings among the ,states and 7at the option of the ,commission7 a proposed bill consisting of legislative text to carry out the recommendations4 ,this report may be included in the final annual report of the ,commission under paragraph 7#b7 and may include the ,commission's recommendation whether the ,commission should be reauthorized by ,congress4 7g7 ,website 7#a7 ,in general ,the ,commission shall establish a public website that-- 7,a7 uses current information technology to make records available on the website2 7,b7 provides information in a standard data format2 and 7,c7 receives and publishes public comments4 7#b7 ,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 cost4 7#c7 ,record of public meetings and hearings ,all records of public meetings and hearings shall be published on the website as soon as possible1 but not later than #a week after the date on which such public meeting or hearing occurred4 7#d7 ,public comments ,the ,commission shall publish on the website all public comments and submissions4 7#e7 ,notices ,the ,commission shall publish on the website notices of all public meetings and hearings at least #a week before the date on which such public meeting or hearing occurs4 #e4 ,expedited procedures for consideration of ,commission recommendations 7a7 ,description of ,commission bill ,in this section1 the ,commission bill is a bill-- 7#a7 which consists of the legislative text included in an annual report submitted by the ,commission under paragraph 7#b7 of section #d7;f7 and which is introduced not later than #e 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 7in the case of the ,senate7 or by the ,speaker of the ,house of ,representatives or by a ,member of the ,house of ,representatives designated by the ,speaker 7in the case of the ,house72 and 7#b7 which consists of the legislative text included in the final report submitted by the ,commission under paragraph 7#c7 of section #d7;f7 and which is introduced not later than #e 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 7in the case of the ,senate7 or by the ,speaker of the ,house of ,representatives or by a ,member of the ,house of ,representatives designated by the ,speaker 7in the case of the ,house74 7b7 ,expedited consideration in ,house of ,representatives 7#a7 ,placement on calendar ,upon introduction in the ,house of ,representatives1 the ,commission bill shall be placed immediately on the appropriate calendar4 7#b7 ,proceeding to consideration 7,a7 ,in general ,it shall be in order1 not later than #cj legislative days after the date the ,commission bill is introduced in the ,house of ,representatives1 to move to proceed to consider the ,commission bill in the ,house of ,representatives4 7,b7 ,procedure ,for a motion to proceed to consider the ,commission bill-- 7i7 all points of order against the motion are waived2 7ii7 such a motion shall not be in order after the ,house of ,representatives has disposed of a motion to proceed on the ,commission bill2 7iii7 the previous question shall be considered as ordered on the motion to its adoption without intervening motion2 7iv7 the motion shall not be debatable2 and 7v7 a motion to reconsider the vote by which the motion is disposed of shall not be in order4 7#c7 ,consideration ,when the ,house of ,representatives proceeds to consideration of the ,commission bill-- 7,a7 the ,commission bill shall be considered as read2 7,b7 all points of order against the ,commission bill and against its consideration are waived2 7,c7 the previous question shall be considered as ordered on the ,commission bill to its passage without intervening motion except #aj hours of debate equally divided and controlled by the proponent and an opponent2 7,d7 an amendment to the ,commission bill shall not be in order2 and 7,e7 a motion to reconsider the vote on passage of the ,commission bill shall not be in order4 7#d7 ,vote on passage ,in the ,house of ,representatives1 the ,commission bill shall be agreed to upon a vote of a majority of the ,members present and voting1 a quorum being present4 7c7 ,expedited consideration in ,senate 7#a7 ,placement on calendar ,upon introduction in the ,senate1 the ,commission bill shall be placed immediately on the calendar4 7#b7 ,proceeding to consideration 7,a7 ,in general ,notwithstanding rule ,,xxii of the ,standing ,rules of the ,senate1 it is in order1 not later than #cj legislative days after the date the ,commission bill is introduced in the ,senate 7even though a previous motion to the same effect has been disagreed to7 to move to proceed to the consideration of the ,commission bill4 7,b7 ,procedure ,for a motion to proceed to the consideration of the ,commission bill-- 7i7 all points of order against the motion are waived2 7ii7 the motion is not debatable2 7iii7 the motion is not subject to a motion to postpone2 7iv7 a motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order2 and 7v7 if the motion is agreed to1 the ,commission bill shall remain the unfinished business until disposed of4 7#c7 ,floor consideration 7,a7 ,in general ,if the ,senate proceeds to consideration of the ,commission bill-- 7i7 all points of order against the ,commission bill 7and against consideration of the ,commission bill7 are waived2 7ii7 consideration of the ,commission bill1 and all debatable motions and appeals in connection therewith1 shall be limited to not more than #cj hours1 which shall be divided equally between the majority and minority leaders or their designees2 7iii7 a motion further to limit debate is in order and not debatable2 7iv7 an amendment to1 a motion to postpone1 or a motion to commit the ,commission bill is not in order2 and 7v7 a motion to proceed to the consideration of other business is not in order4 7,b7 ,vote on passage ,in the ,senate-- 7i7 the vote on passage shall occur immediately following the conclusion of the consideration of the ,commission bill1 and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the ,senate2 and 7ii7 the ,commission bill shall be agreed to upon a vote of a majority of the ,members present and voting1 a quorum being present4 7,c7 ,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 ,senate1 as the case may be1 to the procedure relating to the ,commission bill shall be decided without debate4 7d7 ,rules relating to ,senate and ,house of ,representatives 7#a7 ,coordination with action by other house ,if1 before the passage by one ,house of the ,commission bill of that ,house1 that ,house receives from the other ,house the ,commission bill-- 7,a7 the ,commission bill of the other ,house shall not be referred to a committee2 and 7,b7 with respect to the ,commission bill of the ,house receiving the resolution-- 7i7 the procedure in that ,house shall be the same as if no ,commission bill had been received from the other ,house2 and 7ii7 the vote on passage shall be on the ,commission bill of the other ,house4 7#b7 ,treatment of commission bill of other house ,if one ,house fails to introduce or consider the ,commission bill under this section1 the ,commission bill of the other ,house shall be entitled to expedited floor procedures under this section4 7#c7 ,treatment of companion measures ,if1 following passage of the ,commission bill in the ,senate1 the ,senate receives the companion measure from the ,house of ,representatives1 the companion measure shall not be debatable4 7#d7 ,vetoes ,if the ,president vetoes the ,commission bill1 consideration of a veto message in the ,senate under this section shall be not more than #aj hours equally divided between the majority and minority leaders or their designees4 7e7 ,rules of ,house of ,representatives and ,senate ,this section is enacted by ,congress-- 7#a7 as an exercise of the rulemaking power of the ,senate and ,house of ,representatives1 respectively1 and as such is deemed a part of the rules of each ,house1 respectively1 but applicable only with respect to the procedure to be followed in that ,house in the case of the ,commission bill1 and supersede other rules only to the extent that it is inconsistent with such rules2 and 7#b7 with full recognition of the constitutional right of either ,house to change the rules 7so far as relating to the procedure of that ,house7 at any time1 in the same manner1 and to the same extent as in the case of any other rule of that ,house4 #f4 ,director and staff of ,commission2 experts and consultants 7a7 ,director of staff 7#a7 ,in general ,the ,commission shall appoint a ,director4 7#b7 ,pay ,the ,director shall be paid at the rate of basic pay payable for level ,v of the ,executive ,schedule under section #ecaf of title #e1 ,united ,states ,code4 7b7 ,staff 7#a7 ,in general ,subject to paragraph 7#b71 the ,director1 with the approval of the ,commission1 may appoint1 fix the pay of1 and terminate additional personnel4 7#b7 ,limitations on appointment ,the ,director may make such appointments without regard to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service1 and any personnel so appointed may be paid without regard to the provisions of chapter #ea and subchapter ,,iii of chapter #ec of that title relating to classification and ,general ,schedule pay rates1 except that an individual so appointed may not receive pay in excess of the annual rate of basic pay payable for ,,gs-#ae of the ,general ,schedule4 7#c7 ,agency assistance ,following consultation with and upon request of the ,chair of the ,commission1 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 ,act4 7#d7 ,,gao ,the ,comptroller ,general of the ,united ,states shall provide assistance1 including the detailing of employees1 to the ,commission in accordance with an agreement entered into with the ,commission4 7#e7 ,assistance from other parties ,congress1 the ,states1 and federally recognized ,indian ,tribes may provide assistance1 including the detailing of employees1 to the ,commission in accordance with an agreement entered into with the ,commission4 7c7 ,experts and consultants ,the ,commission may procure by contract1 to the extent funds are available1 the temporary or intermittent services of experts or consultants pursuant to section #caji of title #e1 ,united ,states ,code4 #g4 ,powers and authorities of the commission 7a7 ,hearings ,the ,commission may1 for the purpose of carrying out this ,act1 hold hearings to consider issues of fact or law relevant to the ,commission's work4 ,any hearing held by the ,commission shall be open to the public4 7b7 ,access to information ,the ,commission may secure directly from any agency information and documents necessary to enable the ,commission to carry out this ,act4 ,upon request of the ,chair of the ,commission1 the head of that agency shall furnish the information or document to the ,commission as soon as possible1 but not later than two weeks after the date on which the request was made4 7c7 ,subpoenas power 7#a7 ,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 ,commission4 ,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 ,states4 7#b7 ,failure to obey a subpoena ,if a person refuses to obey a subpoena issued under paragraph 7#a71 the ,commission may apply to a ,united ,states district court for an order requiring that person to appear before the ,commission to give testimony1 produce evidence1 or both1 relating to the matter under investigation4 ,the application may be made within the judicial district where the hearing is conducted or where that person is found1 resides1 or transacts business4 ,any failure to obey the order of the court may be punished by the court as civil contempt4 7#c7 ,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 courts4 7#d7 ,service of process ,all process of any court to which application is made under paragraph 7#b7 may be served in the judicial district in which the person required to be served resides or may be found4 7d7 ,property ,the ,commission may lease space and acquire personal property to the extent funds are available4 #h4 ,authorization of appropriations 7a7 ,in general ,there are authorized to be appropriated such sums as may be necessary to the ,commission to carry out this ,act1 not to exceed #cj1jjj1jjj4 7b7 ,availability ,any sums appropriated under the authorization contained in this section shall remain available1 without fiscal year limitation1 until the earlier of the date that such sums are expended or the date of the termination of the ,commission4 7c7 ,applicability of the federal advisory committee act 7#a7 ,in general ,except as otherwise provided in this ,act1 the ,commission shall be subject to the provisions of the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 7#b7 ,advisory committee management officer ,the ,commission shall not be subject to the control of any ,advisory ,committee ,management ,officer designated under section #h7;b77#a7 of the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 7#c7 ,subcommittee ,any subcommittee of the ,commission shall be treated as the ,commission for purposes of the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 7#d7 ,charter ,the enactment of this ,act shall be considered to meet the requirements of the ,commission under section #i7;c7 of the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 #i4 ,termination ,the ,commission shall terminate on the date that is #e years and #ahj days after the date of enactment of this ,act or #e years after the date by which all ,commission members' terms have commenced1 whichever is later4 #aj4 ,definitions ,in this ,act3 7#a7 ,agency ,the term agency has the meaning given such term in section #eea of title #e1 ,united ,states ,code4 7#b7 ,unfunded mandate ,the term unfunded mandate has the meaning given the term ,federal mandate in section #dba7f7 of the ,congressional ,budget ,act of #aigd 7#b ,u4,s4,c4 #feh7f774