United States 114th Congress Status: Died 1 R cosponsors

HR 4768 — Separation of Powers Restoration Act of 2016

Last action — Received in the Senate and Read twice and referred to the Committee on the Judiciary.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. Died in session

This bill died with 114th 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This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

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.

Bill Text

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Action History

  1. Received in the Senate and Read twice and referred to the Committee on the Judiciary.

  2. The title of the measure was amended. Agreed to without objection.

  3. Motion to reconsider laid on the table Agreed to without objection.

  4. On passage Passed by recorded vote: 240 - 171 (Roll no. 416).

  5. On motion to recommit with instructions Failed by the Yeas and Nays: 169 - 236 (Roll no. 415).

  6. The previous question on the motion to recommit with instructions was ordered without objection.

  7. DEBATE - The House proceeded with 10 minutes of the motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to add a section titled "Excepted Rules Regarding the Prevention of Firearms Transfers to Criminals and Suspected Terrorists".

  8. Mr. Keating moved to recommit with instructions to the Committee on the Judiciary. (consideration: CR H4693-4695; text: CR H4693)

  9. The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.

  10. The House rose from the Committee of the Whole House on the state of the Union to report H.R. 4768.

  11. H.Amdt.1276 On agreeing to the Johnson (GA) amendment (A005) Failed by recorded vote: 181 - 235 (Roll no. 414).

  12. H.Amdt.1275 On agreeing to the Johnson (GA) amendment (A004) Failed by recorded vote: 174 - 243 (Roll no. 413).

  13. H.Amdt.1274 On agreeing to the Meeks amendment (A003) Failed by recorded vote: 174 - 243 (Roll no. 412).

  14. H.Amdt.1272 On agreeing to the Johnson (GA) amendment (A001) Failed by recorded vote: 194 - 223 (Roll no. 411).

  15. The House resolved into Committee of the Whole House on the state of the Union for further consideration.

  16. Considered as unfinished business. (consideration: CR H4690-4695)

  17. Committee of the Whole House on the state of the Union rises leaving H.R. 4768 as unfinished business.

  18. On motion that the committee rise Agreed to by voice vote.

  19. Mr. Cartwright moved that the committee rise.

  20. POSTPONED PROCEEDINGS - At the conclusion of debate on the Johnson (GA) amendment No. 5, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Johnson (GA) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

  21. DEBATE - Pursuant to the provisions of H. Res. 796, the Committee of the Whole proceeded with 10 minutes of debate on the Johnson (GA) amendment No. 5.

  22. H.Amdt.1276 Amendment (A005) offered by Mr. Johnson (GA). (consideration: CR H4656-4657; text: CR H4656)

  23. H.Amdt.1273 On agreeing to the Johnson (GA) amendment (A002) Failed by voice vote.

  24. UNANIMOUS CONSENT REQUEST - Mr. Johnson (GA) asked unanimous consent that the request for a recorded vote on amendment No. 2 be withdrawn to the end that the amendment stand disposed of by the voice vote. Agreed to without objection.

  25. POSTPONED PROCEEDINGS - At the conclusion of debate on the Johnson (GA) amendment No. 4, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Johnson (GA) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

  26. DEBATE - Pursuant to the provisions of H. Res. 796, the Committee of the Whole proceeded with 10 minutes of debate on the Johnson (GA) amendment No. 4.

  27. H.Amdt.1275 Amendment (A004) offered by Mr. Johnson (GA). (consideration: CR H4655-4656; text: CR H4655)

  28. POSTPONED PROCEEDINGS - At the conclusion of debate on the Meeks amendment No. 3, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Meeks demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

  29. DEBATE - Pursuant to the provisions of H. Res. 796, the Committee of the Whole proceeded with 10 minutes of debate on the Meeks amendment No. 3.

  30. H.Amdt.1274 Amendment (A003) offered by Mr. Meeks. (consideration: CR H4654-4655; text: CR H4654)

  31. POSTPONED PROCEEDINGS - At the conclusion of debate on the Johnson (GA) amendment No. 2, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Johnson (GA) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

  32. DEBATE - Pursuant to the provisions of H. Res. 796, the Committee of the Whole proceeded with 10 minutes of debate on the Johnson (GA) amendment No. 2.

  33. H.Amdt.1273 Amendment (A002) offered by Mr. Johnson (GA). (consideration: CR H4652-4654, H4656; text: CR H4653)

  34. POSTPONED PROCEEDINGS - At the conclusion of debate on the Johnson (GA) amendment No. 1, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Johnson (GA) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

  35. DEBATE - Pursuant to the provisions of H. Res. 796, the Committee of the Whole proceeded with 10 minutes of debate on the Johnson (GA) amendment No. 1.

  36. H.Amdt.1272 Amendment (A001) offered by Mr. Johnson (GA). (consideration: CR H4651-4563; text: CR H4652)

  37. The House resolved into Committee of the Whole House on the state of the Union for further consideration.

  38. Considered as unfinished business. (consideration: CR H4651-4657; text of measure as reported in House: CR H4652)

  39. Committee of the Whole House on the state of the Union rises leaving H.R. 4768 as unfinished business.

  40. GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 4768.

  41. The Speaker designated the Honorable E. Scott Rigell to act as Chairman of the Committee.

  42. House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 796 and Rule XVIII.

  43. Rule provides for consideration of H.R. 4768 with 1 hour of general debate. Motion to recommit with or without instructions allowed.

  44. Considered under the provisions of rule H. Res. 796. (consideration: CR H4615-4622)

  45. Rule H. Res. 796 passed House.

  46. Rules Committee Resolution H. Res. 796 Reported to House. Rule provides for consideration of H.R. 4768 with 1 hour of general debate. Motion to recommit with or without instructions allowed.

  47. Placed on the Union Calendar, Calendar No. 483.

  48. Reported (Amended) by the Committee on Judiciary. H. Rept. 114-622.

  49. Ordered to be Reported (Amended) by the Yeas and Nays: 12 - 8.

  50. Committee Consideration and Mark-up Session Held.

  51. Subcommittee Hearings Held.

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

  53. Referred to the House Committee on the Judiciary.

  54. Introduced in House

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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Frequently asked questions

What does HR 4768 do?
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.
Who sponsors HR 4768?
HR 4768 is sponsored by John Ratcliffe (R).
What is the current status of HR 4768?
This bill died with 114th 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 4768?
Track HR 4768 free on One Click Politics — get push/email alerts when it moves.

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