Overview
Title
To establish the Constitutional Government Review Commission, and for other purposes.
ELI5 AI
The bill wants to make a special group that checks if certain parts of the government are doing things that aren't allowed by the big rule book of the country (the Constitution). They will see if some of those things can be done by states instead and how any money saved can be shared, but people are a bit worried about how they're going to do all this without spending too much money or being unfair.
Summary AI
The H. R. 10286 bill aims to create the "Constitutional Government Review Commission," which will review government agencies to determine if they should be repealed because their powers are not specifically granted by the U.S. Constitution. The Commission will have nine members appointed by the President with Senate approval and will analyze whether federal powers can be returned to the states. It will also suggest distribution of savings from any repeals among the states and will submit annual reports to Congress. The Commission has the authority to hold public meetings, access information from agencies, and issue subpoenas, and it will operate for about five years.
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AnalysisAI
Summary of the Bill
This legislative proposal, known as the "10th Amendment Restoration Act of 2024," seeks to establish a commission named the "Constitutional Government Review Commission." The primary mission of this commission is to evaluate federal agencies to determine if their powers should be retained or repealed based on their constitutional legitimacy. Members of this commission are appointed by the President, with the Senate’s approval, and the commission is tasked with reporting its findings to Congress annually. Additionally, the bill sets out expedited procedures for Congress to consider any recommendations from the commission concerning agency repeals.
Significant Issues
Several issues emerge from this proposal. Firstly, the potential for political bias is a concern because both the President and Members of Congress can introduce items for the commission’s review. This political influence might compromise the impartiality necessary for fair evaluations. Moreover, the bill lacks a detailed methodology for how the review process will be conducted, which could lead to inconsistencies and lack of transparency.
Another significant concern is financial management. The bill does not provide a detailed budget, creating a risk of wasteful spending. This risk extends to the authorization of unspecified funds for the commission's operations and leaves spending largely unchecked. Compensation for commission members is tied to high government pay scales, which may not be justified if the role does not require such extensive responsibilities.
Procedurally, the bill sets expedited measures for Congress to consider commission recommendations, possibly limiting thorough legislative debate. Another procedural issue is the President's ability to request new candidate lists for commission appointments, which could delay operations.
Potential Impact on the Public
This bill could broadly impact the public by altering the landscape of federal agency operations. By recommending the repeal of certain agencies or their powers, this proposal could shift responsibilities from the federal government to the states, potentially impacting the availability and delivery of services currently managed at the federal level. This decentralization might result in varied experiences depending on state capacities and priorities.
Impact on Stakeholders
The government itself, particularly federal agencies, faces the most direct impact. Agencies might see their powers curtailed or repealed, leading to organizational restructuring or job losses. Conversely, states could gain more responsibilities, potentially receiving redistributed savings from federal budget reductions. However, this shift could strain states without adequate infrastructure to assume new duties.
The commission's establishment also raises concerns about how public input is handled. While the bill proposes public engagement, the lack of a clear framework for considering public comments could lead to a disconnect between public opinion and commission decisions.
In sum, while the bill’s intent to restore constitutional adherence is clear, the implementation details pose challenges that could lead to uneven impacts across different governmental and public sectors. The potential benefits of streamlined government functions and redistributed powers may be offset by risks of political influence, financial oversight issues, and inconsistencies in federal and state service delivery.
Financial Assessment
The H.R. 10286 bill, known as the "10th Amendment Restoration Act of 2024," proposes the establishment of the Constitutional Government Review Commission. Within this context, various financial aspects must be considered, as they play a crucial role in the commission's structure and operations.
Appropriation and Budget Considerations
The bill authorizes the appropriation of up to $30 million for the Commission to carry out its activities. The language used—"such sums as may be necessary"—raises several concerns. This broad authorization could lead to unchecked or excessive spending, as identified in the issues section. The absence of specific budgetary guidelines or oversight mechanisms could result in financial mismanagement and raises questions about fiscal responsibility.
Compensation for Members
Members of the Commission, including its Chair, are set to receive compensation aligned with high government pay scales, specifically those outlined in the Executive Schedule under title 5 of the United States Code. The Chair is compensated at level III, while other members are compensated at level IV. This level of compensation might be considered excessive if the Commission's role does not justify such high levels of pay, thereby raising ethical concerns about resource allocation.
Risks of Wasteful Spending
Further financial risks emerge from the Commission's authority to lease space and acquire property. Without specified limits, this could lead to unnecessary expenses. Coupled with the authorization of extensive appropriations, these provisions underscore potential areas for financial mismanagement.
Distribution of Savings
The bill also mandates that if the Commission recommends repealing certain federal powers, any resulting savings should be distributed among the states. However, the language addressing this distribution lacks specificity, potentially leading to uneven allocation of savings among the states. This opacity may result in inefficiencies and inequitable financial benefits.
Conclusion
The financial elements of the bill, from the broad appropriation limits to the high compensation levels for Commission members, raise significant concerns about potential waste and lack of accountability. Moreover, the vague provisions surrounding the distribution of savings raise questions about fairness and transparency. Overall, while the bill aims to re-evaluate federal powers, the financial implications necessitate careful consideration to avoid fiscal irresponsibility.
Issues
The Commission's decisions could be influenced by political bias since decisions can be initiated by individuals, including the President and members of Congress (Section 4). This raises concerns about impartiality and the potential for political maneuvering.
The lack of detailed methodology and criteria for the review process and decision-making by the Commission creates ambiguity and a lack of transparency (Section 4). This could undermine public trust and lead to inconsistent outcomes.
The establishment of the Commission without a defined budget or cost estimate poses a risk of wasteful spending (Section 2). This raises financial concerns as it lacks oversight and specific budgetary guidelines.
The provision allowing the President to request a new list of candidates for the Commission's membership could delay the appointment process, leading to inefficiency (Section 3). This could compromise the Commission's ability to function effectively.
The expedited procedures for consideration of Commission recommendations might limit thorough debate and consideration, leading to insufficient legislative scrutiny (Section 5). This could undermine the legislative process and decrease accountability.
The authorization of 'such sums as may be necessary' for the Commission's funding is broad and could result in unchecked or excessive spending (Section 8). This lacks specific allocation or oversight mechanisms.
Compensation for Commission members at high government pay scales may be considered excessive if the Commission's role does not justify such high levels of pay (Section 3). This raises ethical questions about resource allocation.
The lack of specificity in how public comments are considered in the decision-making process could reduce meaningful public engagement and transparency (Section 4). This might lead to decisions being disconnected from public opinion.
The language regarding distribution recommendations of savings to the States is vague, lacking specificity on equitable distribution (Section 4). This could lead to states receiving uneven benefits or allocations.
The section allowing the Commission to lease space and acquire property without specified limits poses a risk of wasteful spending (Section 7). This could lead to financial mismanagement.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
This section specifies the short title of the legislation as the “10th Amendment Restoration Act of 2024”.
2. Establishment Read Opens in new tab
Summary AI
A commission called the “Constitutional Government Review Commission” is created to evaluate each federal agency based on particular criteria to see if the agency's functions should be discontinued. This evaluation aims to remove any federal powers not clearly assigned by the Constitution.
3. Membership Read Opens in new tab
Summary AI
The Commission, composed of nine members appointed by the President with Senate approval, must be set up within 180 days of the Act’s enactment. Members serve 5-year terms beginning after Senate confirmation, with a process for candidate selection involving key congressional figures, and are compensated according to Executive Schedule levels while also being reimbursed for travel expenses. Meetings, including at least two public ones annually, are held at the Commission's discretion.
4. Duties Read Opens in new tab
Summary AI
The Commission is tasked with reviewing the authorizing statutes of federal agencies to determine if they should be repealed based on constitutional grounds, with decisions being made by majority vote. It also includes plans for publishing methodologies, recommendations on distributing financial savings from repeals among the states, and managing public involvement through a dedicated website, with reports submitted annually and at the end of the Commission's term.
5. Expedited procedures for consideration of Commission recommendations Read Opens in new tab
Summary AI
The section explains the expedited procedures for handling a "Commission bill" in the U.S. Congress. It outlines how such a bill is introduced, placed on the calendar, and voted on in both the House of Representatives and the Senate, with specific rules to ensure quick consideration and passage, limiting debate and amendments, and detailing how to handle cases where a bill is received from the other chamber or vetoed by the President.
6. Director, staff, and experts and consultants Read Opens in new tab
Summary AI
The section outlines the roles and responsibilities for appointing a Director, staff, experts, and consultants of the Commission. The Director is appointed by the Commission and paid according to a specific federal pay rate, and can hire additional staff and experts with the Commission's approval, while receiving assistance from federal agencies, the Government Accountability Office, Congress, and States.
7. Powers and authorities Read Opens in new tab
Summary AI
The section outlines the Commission's powers and authorities, including the ability to hold public hearings, obtain necessary information from agencies, issue subpoenas for witnesses and evidence, and apply to courts for enforcement. It also allows the Commission to lease space and acquire property as long as funds are available.
8. Authorization of appropriations Read Opens in new tab
Summary AI
The section authorizes the allocation of up to $30,000,000 for the Commission to implement the Act. The funds will remain available until they are fully used or until the Commission is terminated, whichever comes first.
Money References
- (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.
9. Applicability of chapter 10 of title 5, United States Code Read Opens in new tab
Summary AI
The section explains that the Commission will generally follow the rules in chapter 10 of title 5 of the United States Code. However, the Commission won't be controlled by any Advisory Committee Management Officer, and its subcommittees will be treated just like the main Commission under these rules. Additionally, the Act's enactment will fulfill certain legal requirements for the Commission.
10. Termination Read Opens in new tab
Summary AI
The Commission will be dissolved 5 years and 180 days after the law is passed, or 5 years after all Commission members start their terms, depending on whichever occurs later.
11. Definitions Read Opens in new tab
Summary AI
The section provides definitions for terms used in the Act: "agency" refers to the definition found in U.S. law, "State" includes U.S. States, the District of Columbia, territories, and recognized Indian Tribes, and "unfunded mandate" refers to the definition of a "Federal mandate" from a specific congressional act.