Judicial Review Improvement Act of 2017

Judicial Review Improvement Act of 2017

This bill specifies the general standard for judicial review of actions by certain federal financial regulatory agencies.

Specifically, courts reviewing an action by such agency must generally decide de novo (i.e., without deference to the agency's interpretation) all relevant questions of law, including the interpretation of constitutional and statutory provisions and rules made by the agency.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3950 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 3950

To specify the scope of judicial review of certain agency actions, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 4, 2017

 Mrs. Love (for herself, Mr. Mitchell, Mr. Ratcliffe, Mr. Walker, Mr. 
    Gowdy, Mr. Labrador, Ms. Tenney, Mr. Hill, and Mr. Luetkemeyer) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
To specify the scope of judicial review of certain agency actions, and 
                          for other purposes.

    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 ``Judicial Review Improvement Act of 
2017''.

SEC. 2. SCOPE OF JUDICIAL REVIEW OF AGENCY ACTIONS.

    (a) In General.--Notwithstanding any other provision of law, in any 
judicial review of an agency action pursuant to chapter 7 of title 5, 
United States Code, to the extent necessary to decide when presented, 
the reviewing court shall determine the meaning or applicability of the 
terms of an agency action and decide de novo all relevant questions of 
law, including the interpretation of constitutional and statutory 
provisions and rules made by an agency. If the reviewing court 
determines that a statutory or regulatory provision relevant to its 
decision contains a gap or ambiguity, the court shall not interpret 
that gap or ambiguity as an implicit delegation to the agency of 
legislative rulemaking authority and shall not rely on such gap or 
ambiguity as a justification either for interpreting agency authority 
expansively or for deferring to the agency's interpretation on the 
question of law. Notwithstanding any other provision of law, this Act 
shall apply in any action for judicial review of agency action 
authorized under any provision of law. No law may exempt any such civil 
action from the application of this Act except by specific reference to 
this Act.
    (b) Agency Defined.--For purposes of this section, the term 
``agency'' means the Board of Governors of the Federal Reserve System, 
the Bureau of Consumer Financial Protection, the Commodity Futures 
Trading Commission, the Federal Deposit Insurance Corporation, the 
Federal Housing Finance Agency, the Office of the Comptroller of the 
Currency, the National Credit Union Administration, and the Securities 
and Exchange Commission.
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