S. 1577Senate115th Congress (2017-2019)In Committee

Separation of Powers Restoration Act of 2017

Introduced July 18, 2017

AI-Generated Summary

Updated April 15, 2026 at 5:09 PM UTC

The Separation of Powers Restoration Act of 2017 changes the way federal courts review agency interpretations of statutes and regulations. It directs that courts must conduct a de novo review—meaning they consider the issues anew—of all legal questions, including constitutional, statutory, and rule‑making interpretations. This amendment affects federal agencies whose actions are subject to judicial review and the courts that evaluate those actions.

Key Provisions

  • Amends 5 U.S.C. § 706 to replace the existing review language with a requirement for de novo review of all relevant legal questions, covering constitutional, statutory, and regulatory interpretations.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary.

July 18, 2017

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SenateIntro Referral

Introduced in Senate

July 18, 2017

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary.

July 18, 2017

Floor Debate

9 members

What members said about S. 1577 on the floor

7 Republicans2 Democrats
Nancy Pelosi
Rep. Nancy PelosiD-CA-12 · Feb 7, 2018

Mr. Speaker, I thank the gentlewoman for yielding, and I congratulate her on her extraordinary leadership as the ranking Democrat on the Financial Services Committee. She has been a champion for…

Maxine Waters
Rep. Maxine WatersD-CA-43 · Feb 7, 2018

Madam Speaker, I yield myself such time as I may consume. Madam Speaker, I rise today in opposition to H.R. 1153, the so-called Mortgage Choice Act of 2017. Unfortunately, this bill is yet another…

Bill Huizenga
Rep. Bill HuizengaR-MI-2 · Feb 7, 2018

Madam Speaker, I rise today in support of H.R. 1153. As someone who worked in the housing industry, in fact, for the third generation, this is a very important issue to me and, more importantly, to…

Jeb Hensarling
Rep. Jeb HensarlingR-TX-5 · Feb 7, 2018

Madam Speaker, pursuant to House Resolution 725, I call up the bill (H.R. 1153) to amend the Truth in Lending Act to improve upon the definitions provided for points and fees in connection with a…

David A. Trott
Rep. David A. TrottR-MI-11 · Feb 7, 2018

Mr. Speaker, I rise in support of the bipartisan, commonsense Mortgage Choice Act, sponsored by the Congressman from Michigan (Mr. Huizenga). Mr. Speaker, I am proud to be a cosponsor of this…

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Keith J. Rothfus
Rep. Keith J. RothfusR-PA-12 · Feb 7, 2018

Mr. Speaker, I rise today to express my support for H.R. 1153, the Mortgage Choice Act. As a cosponsor of the bill and the vice chairman of the Financial Institutions and Consumer Credit…

Ralph Norman
Rep. Ralph NormanR-SC-5 · Feb 7, 2018

Mr. Speaker, I rise today to speak in favor of H.R. 1153, the Mortgage Choice Act of 2017. This bipartisan legislation is essential to help low- and middle- income families gain access to qualified…

Warren Davidson
Rep. Warren DavidsonR-OH-8 · Feb 7, 2018

Mr. Speaker, I rise today to offer my support for H.R. 1153, the Mortgage Choice Act. This bill is another example of a rollback of the burdensome regulations of Dodd-Frank and, many would say,…

Ann Wagner
Rep. Ann WagnerR-MO-2 · Feb 7, 2018

Mr. Speaker, H.R. 1153, the Mortgage Choice Act, provides needed clarity to the calculation of points and fees for qualified mortgages, or QM, especially for those companies affiliated with real…

Bill Text

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Introduced in SenateIssued July 18, 2017

II

115th CONGRESS

1st Session

S. 1577

IN THE SENATE OF THE UNITED STATES

July 18, 2017

Mr. Hatch (for himself, Mr. Grassley, Mr. Cornyn, Mr. Lee, Mr. Cruz, Mr. Sasse, Mr. Flake, Mr. Crapo, Mr. Tillis, Mr. Kennedy, and Mr. Lankford) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To amend title 5, United States Code, with respect to the 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 2017 .

2.

Judicial review of statutory and regulatory interpretations

Section 706 of title 5, United States Code, is amended, in the matter preceding paragraph (1), by striking all relevant questions of law, interpret constitutional and statutory provisions and inserting de novo all relevant questions of law, including the interpretation of constitutional and statutory provisions and rules.