United States 115th Congress Status: In Committee 1 R cosponsors

HR 76 — Separation of Powers Restoration Act of 2017

Last action — Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 115th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

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.

Bill Text

How this bill changes current law

4 changes Share ↗

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill modifies Section 706 of Title 5 to clarify judicial review processes concerning agency interpretations of statutory and regulatory provisions.

  • 5 U.S.C. § 706

    To the extent necessary → (a) To the extent necessary

    Renames the introductory section to allow for subsections.

  • 5 U.S.C. § 706

    decide all relevant questions of law, interpret constitutional and statutory provisions, and

    Removes previous language to streamline the process of judicial review.

  • 5 U.S.C. § 706

    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

    Adds new language to clarify that judicial review includes de novo review of agency interpretations and establishes the applicability of this section to all civil actions unless explicitly exempted.

  • 5 U.S.C. § 706

    The reviewing court shall-- → (b) The reviewing court shall--

    Changes the format to introduce subsections for clarity.

Action History

  1. Introduced in House

  2. Introduced in House

  3. Referred to the House Committee on the Judiciary.

  4. Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

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Frequently asked questions

What does HR 76 do?
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.
Who sponsors HR 76?
HR 76 is sponsored by Ratcliffe, John (Republican).
What is the current status of HR 76?
This bill died with 115th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HR 76?
Track HR 76 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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