H.R. 4768House114th Congress (2015-2017)Passed House

Separation of Powers Restoration Act of 2016

Legislative Activity

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43 earlier actions

SenateIntro Referral Latest Action

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

Judiciary Committee

July 13, 2016

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HouseIntro Referral

Introduced in House

March 16, 2016

HouseIntro Referral

Referred to the House Committee on the Judiciary.

Judiciary Committee

March 16, 2016

HouseCommittee

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

Administrative State, Regulatory Reform, and Antitrust Subcommittee

April 1, 2016

HouseCommittee

Subcommittee Hearings Held.

Administrative State, Regulatory Reform, and Antitrust Subcommittee

May 17, 2016

HouseCommittee

Committee Consideration and Mark-up Session Held.

Judiciary Committee

June 8, 2016

HouseCommittee

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

Judiciary Committee

June 8, 2016

HouseCommittee

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

Judiciary Committee

June 14, 2016

HouseCalendars

Placed on the Union Calendar, Calendar No. 483.

June 14, 2016

HouseFloor

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.

June 23, 2016 • 1:22 AM

HouseFloor

Rule H. Res. 796 passed House.

July 5, 2016 • 7:03 PM

HouseFloor

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

July 11, 2016 • 5:42 PM

HouseFloor

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

July 11, 2016 • 5:42 PM

HouseFloor

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

July 11, 2016 • 5:42 PM

HouseFloor

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

July 11, 2016 • 5:42 PM

HouseFloor

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

July 11, 2016 • 5:43 PM

HouseFloor

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

July 11, 2016 • 6:23 PM

HouseFloor

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

July 11, 2016 • 8:26 PM

HouseFloor

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

July 11, 2016 • 8:27 PM

HouseFloor

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.

July 11, 2016 • 8:29 PM

HouseFloor

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.

July 11, 2016 • 8:35 PM

HouseFloor

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.

July 11, 2016 • 8:36 PM

HouseFloor

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.

July 11, 2016 • 8:44 PM

HouseFloor

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.

July 11, 2016 • 8:46 PM

HouseFloor

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.

July 11, 2016 • 8:53 PM

HouseFloor

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.

July 11, 2016 • 8:54 PM

HouseFloor

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.

July 11, 2016 • 9:00 PM

HouseFloor

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.

July 11, 2016 • 9:01 PM

HouseFloor

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.

July 11, 2016 • 9:01 PM

HouseFloor

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.

July 11, 2016 • 9:06 PM

HouseFloor

Mr. Cartwright moved that the committee rise.

July 11, 2016 • 9:07 PM

HouseFloor

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

July 11, 2016 • 9:07 PM

HouseFloor

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

July 12, 2016 • 3:43 PM

HouseFloor

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

July 12, 2016 • 3:43 PM

HouseFloor

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

July 12, 2016 • 4:01 PM

HouseFloor

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.

July 12, 2016 • 4:01 PM

HouseFloor

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

Judiciary Committee

July 12, 2016 • 4:03 PM

HouseFloor

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".

July 12, 2016 • 4:04 PM

HouseFloor

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

July 12, 2016 • 4:12 PM

HouseFloor

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

Judiciary Committee

View vote Failed

July 12, 2016 • 4:18 PM

HouseFloor

Passed/agreed to in House: On passage Passed by recorded vote: 240 - 171 (Roll no. 416).

View vote Passed

July 12, 2016 • 4:31 PM

HouseFloor

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

View vote Passed

July 12, 2016 • 4:31 PM

HouseFloor

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

July 12, 2016 • 4:31 PM

HouseFloor

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

July 12, 2016 • 4:31 PM

SenateIntro Referral

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

Judiciary Committee

July 13, 2016

Voting History

6 votes recorded • Roll call available

HOUSE

Roll Call Available

July 12, 2016 at 4:30 PM

On Passage

Majority required: 1/2 (50%)

Passed

240 - 171

HOUSE

Roll Call Available

July 12, 2016 at 4:18 PM

On Motion to Recommit with Instructions

Majority required: 1/2 (50%)

Failed

169 - 236

HOUSE

Roll Call Available

July 12, 2016 at 4:00 PM

On Agreeing to the Amendment

Majority required: 1/2 (50%)

Failed

181 - 235

Show 3 more votes

HOUSE

Roll Call Available

July 12, 2016 at 3:56 PM

On Agreeing to the Amendment

Majority required: 1/2 (50%)

Failed

174 - 243

HOUSE

Roll Call Available

July 12, 2016 at 3:52 PM

On Agreeing to the Amendment

Majority required: 1/2 (50%)

Failed

174 - 243

HOUSE

Roll Call Available

July 12, 2016 at 3:48 PM

On Agreeing to the Amendment

Majority required: 1/2 (50%)

Failed

194 - 223

Bill Text

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Referred in SenateIssued July 13, 2016

IIB

114th CONGRESS

2d Session

H. R. 4768

IN THE SENATE OF THE UNITED STATES

July 13, 2016

Received; read twice and referred to the Committee on the Judiciary

AN ACT

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

Short title

This Act may be cited as the Separation of Powers Restoration Act of 2016.

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—

Passed the House of Representatives July 12, 2016.

Karen L. Haas,

Clerk