Separation of Powers Restoration Act of 2021

Bill: 117-hr-3494
Sponsor: full_name: Rep. Fitzgerald, Scott [R-WI-5]
Introduced: 2021-05-25
Policy area: Government Operations and Politics
Subjects: Administrative law and regulatory procedures

Constitution and constitutional amendments

Judicial review and appeals
Latest action: action_date: 2022-11-01
text: Referred to the Subcommittee on Antitrust, Commercial, and Administrative Law.

Summaries:
action_date: 2021-05-25
action_desc: Introduced in House
text: <p><strong>Separation of Powers Restoration Act</strong> <b>of 202</b><strong>1</strong></p> <p>This bill modifies the scope of judicial review of agency actions to authorize courts reviewing agency actions to decide de novo (i.e., 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. </p> <p>No law may exempt a civil action from the standard of review required by this bill except by specific reference to such provision.</p>

tv_txt: I 117th CONGRESS 1st Session H. R. 3494 IN THE HOUSE OF REPRESENTATIVES May 25, 2021 Mr. Fitzgerald (for himself, Mr. Armstrong , Mr. Buck , Mr. Lamborn , Mr. Reschenthaler , and Mr. Palmer ) 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.

1. Short title This Act may be cited as the Separation of Powers Restoration Act of 2021 . 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— .