Separation of Powers Restoration Act of 2017

Separation of Powers Restoration Act of 2017

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 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 76 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                 H. R. 76

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


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                    IN THE HOUSE OF REPRESENTATIVES

                            January 3, 2017

Mr. Ratcliffe (for himself, Mr. Goodlatte, Mr. Sessions, Mr. Collins of 
 Georgia, Mr. Hensarling, Mr. King of Iowa, Mr. Roe of Tennessee, Mr. 
Gosar, Mr. Marino, Mr. Culberson, Mrs. Black, Mr. Emmer, Mr. Grothman, 
   Mr. Lamborn, Mrs. Wagner, Mr. Labrador, Mr. Issa, Mr. Trott, Mrs. 
McMorris Rodgers, Mr. Griffith, Mr. Loudermilk, Mr. Byrne, Mr. Renacci, 
 Mr. Burgess, Mr. Yoho, Mr. Walker, Mr. Rokita, Mr. Carter of Georgia, 
   Mr. Chabot, Mr. Palmer, Mr. Tipton, Mr. Barr, Mr. Duncan of South 
   Carolina, Mr. Bridenstine, Mr. Hill, Mr. Hudson, Mr. Holding, Mr. 
 Olson, Mr. Rothfus, Mr. Franks of Arizona, Mr. Mullin, Mrs. Love, Mr. 
Bishop of Utah, Mr. Meadows, Mr. DeSantis, Mr. Messer, Mr. Luetkemeyer, 
 Mr. Chaffetz, Mr. Westerman, Mr. Woodall, and Mr. Brooks of Alabama) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend title 5, United States Code, to clarify the nature of 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 2017''.

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

    Section 706 of title 5, United States Code, is amended--
            (1) by striking ``To the extent necessary'' and inserting 
        ``(a) To the extent necessary'';
            (2) by striking ``decide all relevant questions of law, 
        interpret constitutional and statutory provisions, and'';
            (3) by inserting after ``of the terms of an agency action'' 
        the following ``and decide de novo all relevant questions of 
        law, including the interpretation of constitutional and 
        statutory provisions, and rules made by agencies. 
        Notwithstanding any other provision of law, this subsection 
        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 section except 
        by specific reference to this section''; and
            (4) by striking ``The reviewing court shall--'' and 
        inserting the following:
    ``(b) The reviewing court shall--''.
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