10th Amendment Restoration Act of 2025
- Bill Number
- H.R. 2677
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Congress
- Status
- Introduced
- Latest Action
- 2025-04-07: 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.
- Last Updated
- 2025-05-05T12:15:05Z
AI-Generated Summary
Purpose of the Legislation
The "10th Amendment Restoration Act of 2025" (H.R. 2677) aims to create a temporary commission to examine federal agencies and their underlying laws. The goal is to identify and recommend the repeal of agencies whose authority is not clearly granted to the federal government by the U.S. Constitution. This aligns with the 10th Amendment, which states that powers not given to the federal government or prohibited to the states are reserved to the states or the people. By doing so, the act seeks to reduce federal overreach and return certain responsibilities to state or local levels.
Key Provisions
- Establishment and Structure of the Commission:
- Creates the "Constitutional Government Review Commission" with 9 members.
- The President appoints members (including a Chair with expertise in constitutional principles) with Senate confirmation, within 180 days of enactment.
- Congressional leaders (Speaker of the House, House minority leader, Senate majority leader, Senate minority leader) each provide candidate lists of experts in the Constitution's original meaning; the President selects 2 from each list.
- Members serve up to 5 years and 180 days, with pay based on Executive Schedule levels (Chair at Level III, others at Level IV) and travel reimbursements.
- The Commission must hold at least two public meetings per year, all open to the public.
- Duties and Operations:
- Reviews the laws creating each federal agency (defined as any executive branch entity under 5 U.S.C. § 551) to check if their powers are "definitively delegated" by the Constitution.
- Develops and publishes a review methodology in the Federal Register and on its website, allowing public input.
- Recommends repeal of agencies lacking constitutional basis via majority vote; estimates budget savings with help from the Comptroller General (head of the Government Accountability Office, or GAO); and suggests distributing savings as lump sums to states for taking over returned powers.
- Accepts review requests from the President, Congress members, government officials, or the public, with submissions posted online within a week.
- Issues annual reports to Congress on activities and recommendations (optionally including draft bills for repeals); submits a final report at termination, possibly recommending its own reauthorization.
- Maintains a public website for transparency, posting meetings, hearings, comments, and notices at least one week in advance.
- Expedited Legislative Process:
- Commission recommendations can become "Commission bills" introduced in Congress within 5 legislative days.
- In the House: Bills go straight to the calendar; debate limited to 10 hours; no amendments; passes by majority vote within 30 legislative days.
- In the Senate: Similar fast-tracking, with up to 30 hours of debate; no amendments or filibusters; passes by majority vote.
- Special rules for handling bills between chambers, veto overrides (limited to 10 hours in Senate), and coordination to avoid delays.
- These procedures are treated as congressional rules but can be changed by each chamber.
- Support and Powers:
- Appoints a Director (paid at Executive Schedule Level V) and staff (up to GS-15 pay scale); can get help from federal agencies, GAO, Congress, or states via details or contracts.
- Holds public hearings; accesses agency information within two weeks; issues subpoenas for testimony or documents, enforceable by federal courts.
- Funded up to $30 million, available until spent or Commission ends.
- Follows Federal Advisory Committee Act rules (5 U.S.C. Chapter 10) but with exemptions for independence.
- Termination:
- Ends 5 years and 180 days after enactment or 5 years after all members are confirmed, whichever is later.
Significant Changes to Existing Law
- Introduces a new, independent commission with authority to scrutinize and recommend repealing entire federal agencies or their statutes based on constitutional fidelity—something not previously formalized in law.
- Establishes unique fast-track procedures in Congress for these recommendations, waiving normal rules like committee referrals, amendments, and extended debate, which could bypass traditional legislative hurdles.
- No direct amendments to existing statutes, but it enables future changes by proposing repeals and funding shifts, potentially altering the structure of the federal government without standard oversight.
Potential Impacts
- On Government Agencies: Could lead to the elimination or scaling back of agencies deemed unconstitutional, reducing federal bureaucracy and shifting operations (e.g., education, environmental, or health programs) to states, disrupting current services.
- On Citizens: Might affect access to federal programs if agencies are repealed, potentially increasing state-level variations in services; public input mechanisms could empower citizen involvement in reviews.
- On States and Local Governments: Empowers states by returning authorities and providing budget savings for implementation, promoting more localized control but requiring states to absorb new responsibilities without additional federal mandates (aligning with "unfunded mandate" definitions under the Congressional Budget Act).
- On International Relations: Minimal direct impact, though reviews of agencies involved in foreign affairs (e.g., diplomacy or trade) could indirectly affect U.S. global commitments if repealed.
Main Stakeholders Affected
- Federal Agencies and Employees: Subject to review and potential dissolution, affecting operations and jobs.
- States, Territories, and Tribes: (Broadly defined to include D.C., U.S. possessions, and federally recognized Indian Tribes) Gain potential powers and funding but must manage returned responsibilities.
- Congress and the President: Involved in appointments, receiving reports, and fast-tracking bills; shifts some oversight from committees to this commission.
- The Public and Advocacy Groups: Can submit reviews and comment publicly; citizens relying on federal programs may face service changes.
- GAO and Oversight Bodies: Provide support for cost estimates and assistance.
Notable Legal, Constitutional, or Political Implications
- Constitutional: Emphasizes a strict, originalist interpretation of the Constitution, particularly the 10th Amendment, to limit federal powers—potentially sparking debates on federalism (division of power between national and state governments) and judicial review precedents.
- Legal: Grants the commission subpoena power (enforceable like court orders) and information access, raising questions about executive branch resistance; expedited procedures could challenge separation of powers by limiting amendments and debate, though Congress can modify them as internal rules.
- Political: Promotes conservative goals of reducing federal government size, but may face partisan divides over which agencies to target; transparency requirements (e.g., public website) encourage accountability, while the 5-year sunset clause allows Congress to assess and extend if needed, influencing future policy on government reform.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (2)
Rep. Franklin, Scott [R-FL-18], Rep. Baird, James R. [R-IN-4]
Recent Actions
- 2025-04-07: 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.
- 2025-04-07: 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.
- 2025-04-07: Introduced in House
- 2025-04-07: Introduced in House
Bill Versions
- 10th Amendment Restoration Act of 2025 — issued 2025-04-07 — PDF (23 pages)