Judicial Review Improvement Act of 2017

Bill: 115-hr-3950
Sponsor: full_name: Rep. Love, Mia B. [R-UT-4]
Introduced: 2017-10-04
Policy area: Law
Subjects: Administrative law and regulatory procedures

Banking and financial institutions regulation

Civil actions and liability

Commodity Futures Trading Commission

Consumer Financial Protection Bureau

Department of the Treasury

Federal Deposit Insurance Corporation (FDIC)

Federal Housing Finance Agency

Federal Reserve System

Judicial review and appeals

National Credit Union Administration

Securities and Exchange Commission (SEC)
Latest action: action_date: 2017-10-16
text: Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.

Summaries:
action_date: 2017-10-04
action_desc: Introduced in House
text: <p><b>Judicial Review Improvement Act of 2017</b></p> <p> This bill specifies the general standard for judicial review of actions by certain federal financial regulatory agencies.</p> <p>Specifically, courts reviewing an action by such agency must generally decide <em>de novo</em> (<i>i.e.,</i> 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.</p>

tv_txt: I 115th CONGRESS 1st Session H. R. 3950 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.

1. Short title This Act may be cited as the Judicial Review Improvement Act of 2017 . 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.