Separation of Powers Restoration Act of 2016

(This measure has not been amended since it was reported to the House on June 14, 2016. The summary of that version is repeated here.)

Separation of Powers Restoration Act of 2016

This bill modifies the scope of judicial review of agency actions to authorize courts reviewing agency actions to decide de novo (without giving deference to the agency's interpretation) all relevant questions of law, including the interpretation of: (1) constitutional and statutory provisions, and (2) rules made by agencies.

No law may exempt such a civil action from the application of the amendments made by this bill except by specific reference to these provisions.

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4768 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 4768

  To amend title 5, United States Code, with respect to the judicial 
     review of agency interpretations of statutory and regulatory 
                              provisions.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 16, 2016

 Mr. Ratcliffe (for himself, Mr. Goodlatte, Mr. Marino, Mr. Chaffetz, 
 Mr. Buck, Mr. Yoho, Mr. King of Iowa, Mr. Byrne, Mr. Brat, Mrs. Love, 
   Mr. Brooks of Alabama, Mr. Babin, Mr. Salmon, Mr. Hensarling, Mr. 
 Rouzer, Mr. Bishop of Michigan, Mr. Palmer, Mr. Messer, Mr. Mulvaney, 
Mr. Labrador, Mr. Trott, Mr. Mullin, Mr. Schweikert, Mr. DeSantis, Mr. 
 Loudermilk, Mr. Issa, Mr. Westerman, Mr. Burgess, Mr. Culberson, Mrs. 
  Lummis, Mr. Walker, Mr. Olson, Mr. Smith of Missouri, Mr. Kelly of 
 Pennsylvania, Mr. Renacci, Mr. LaMalfa, Mr. Sensenbrenner, Mr. Gosar, 
 Mrs. McMorris Rodgers, Mr. Collins of Georgia, Mr. Graves of Georgia, 
 Mr. Chabot, Mr. Franks of Arizona, Mr. Farenthold, Mr. Griffith, and 
 Mr. Smith of Texas) introduced the following bill; which was referred 
                   to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend title 5, United States Code, with respect to the judicial 
     review of agency interpretations of statutory and regulatory 
                              provisions.

    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 ``Separation of Powers Restoration Act 
of 2016''.

SEC. 2. JUDICIAL REVIEW OF STATUTORY AND REGULATORY INTERPRETATIONS.

    Section 706 of title 5, United States Code, is amended, in the 
matter preceding paragraph (1), by striking ``all relevant questions of 
law, interpret constitutional and statutory provisions'' and inserting 
``de novo all relevant questions of law, including the interpretation 
of constitutional and statutory provisions and rules''.
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