H.R. 76House115th Congress (2017-2019)In Committee

Separation of Powers Restoration Act of 2017

AI-Generated Summary

Updated April 15, 2026 at 10:57 AM UTC

The Separation of Powers Restoration Act of 2017 changes the rules for how federal courts review agency interpretations of statutes and regulations. It makes clear that courts must conduct a full, de novo review of all legal questions, including constitutional and statutory issues, rather than a limited review. The change applies to any lawsuit seeking judicial review of an agency action and prevents other laws from carving out exemptions.

Key Provisions

Amends Section 706 of Title 5, U.S. Code, by adding “(a) To the extent necessary” and removing language that limited courts to only certain questions of law.
Requires courts to decide de novo (from the beginning) all relevant legal questions, including interpretations of constitutional, statutory, and agency‑made rules.
Makes the de novo review requirement apply to any judicial review action authorized by any law, and bars any law from exempting a civil action from this requirement unless it specifically references this section.
Adjusts the formatting of the subsection heading from “The reviewing court shall—” to “(b) The reviewing court shall—” to reflect the new language.

Legislative Activity

Stay on top of the latest movement without scrolling through every action

2 earlier actions

HouseCommittee Latest Action

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

Administrative State, Regulatory Reform, and Antitrust Subcommittee

January 5, 2017

View full timeline

HouseIntro Referral

Introduced in House

January 3, 2017

HouseIntro Referral

Referred to the House Committee on the Judiciary.

Judiciary Committee

January 3, 2017

HouseCommittee

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

Administrative State, Regulatory Reform, and Antitrust Subcommittee

January 5, 2017

Bill Text

Latest available legislative text

Reading Mode

Raw Text PDF XML

Introduced in HouseIssued January 3, 2017

115th CONGRESS

1st Session

H. R. 76

IN THE HOUSE OF REPRESENTATIVES

January 3, 2017

Mr. Ratcliffe (for himself, Mr. Goodlatte, Mr. Sessions, Mr. Collins of Georgia, Mr. Hensarling, Mr. King of Iowa, Mr. Roe of Tennessee, Mr. Gosar, Mr. Marino, Mr. Culberson, Mrs. Black, Mr. Emmer, Mr. Grothman, Mr. Lamborn, Mrs. Wagner, Mr. Labrador, Mr. Issa, Mr. Trott, Mrs. McMorris Rodgers, Mr. Griffith, Mr. Loudermilk, Mr. Byrne, Mr. Renacci, Mr. Burgess, Mr. Yoho, Mr. Walker, Mr. Rokita, Mr. Carter of Georgia, Mr. Chabot, Mr. Palmer, Mr. Tipton, Mr. Barr, Mr. Duncan of South Carolina, Mr. Bridenstine, Mr. Hill, Mr. Hudson, Mr. Holding, Mr. Olson, Mr. Rothfus, Mr. Franks of Arizona, Mr. Mullin, Mrs. Love, Mr. Bishop of Utah, Mr. Meadows, Mr. DeSantis, Mr. Messer, Mr. Luetkemeyer, Mr. Chaffetz, Mr. Westerman, Mr. Woodall, and Mr. Brooks of Alabama) 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.

Short title

This Act may be cited as the Separation of Powers Restoration Act of 2017.

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—