Institute for Legal, Legislative and Educational Action
Title: Separation of Powers Restoration Act of 2016
Subject: Government operations and politics: Administrative law and regulatory procedures: Constitution and constitutional amendments: Judicial review and appeals
Description: Separation of Powers Restoration Act of 2016 This bill modifies the scope of judicial review of agency actions to authorize courts reviewing agency actions to decide de novo (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. No law may exempt such a civil action from the application of the amendments made by this bill except by specific reference to these provisions.
Session: 114th Congress
Last Action: Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Last Action Date: July 13, 2016
Link: https://www.congress.gov/bill/114th-congress/house-bill/4768/all-info
Companion Bill: SB2724
Note: the first sponsor listed is normally the primary sponsor. If a sponsor's name is a hyperlink you can click on it to 'follow the money'.
114 sponsors: John Ratcliffe (R); Bob Goodlatte (R); Tom Marino (R); Jason Chaffetz (R); Ken Buck (R); Ted Yoho (R); Steve King (R); Bradley Byrne (R); Dave Brat (R); Mia Love (R); Mo Brooks (R); Brian Babin (R); Matt Salmon (R); Jeb Hensarling (R); David Rouzer (R); Mike Bishop (R); Gary Palmer (R); Luke Messer (R); Mick Mulvaney (R); Raul Labrador (R); David Trott (R); Markwayne Mullin (R); David Schweikert (R); Ron DeSantis (R); Barry Loudermilk (R); Darrell Issa (R); Bruce Westerman (R); Michael Burgess (R); John Culberson (R); Cynthia Lummis (R); Mark Walker (R); Pete Olson (R); Jason Smith (R); Mike Kelly (R); James Renacci (R); Doug LaMalfa (R); James Sensenbrenner (R); Paul Gosar (R); Cathy McMorris Rodgers (R); Doug Collins (R); Tom Graves (R); Steve Chabot (R); Trent Franks (R); Blake Farenthold (R); Morgan Griffith (R); Lamar Smith (R); Jody Hice (R); Jeff Miller (R); Mark Amodei (R); Rob Bishop (R); Dennis Ross (R); Trent Kelly (R); Stephen Knight (R); Tim Walberg (R); Cresent Hardy (R); Rick Allen (R); Randy Forbes (R); Kevin Brady (R); Todd Rokita (R); Chris Stewart (R); Tom Price (R); Blaine Luetkemeyer (R); Mark Meadows (R); Michael McCaul (R); Doug Lamborn (R); Bill Posey (R); Randy Weber (R); Mimi Walters (R); Ted Poe (R); Bob Gibbs (R); Reid Ribble (R); Pete Sessions (R); Sam Johnson (R); Will Hurd (R); Tom McClintock (R); Kenny Marchant (R); Scott Rigell (R); Patrick McHenry (R); Jeff Duncan (R); Frank Guinta (R); Rodney Davis (R); Stephen Fincher (R); Jim Jordan (R); Louie Gohmert (R); Garland Barr (R); Scott Garrett (R); Jim Bridenstine (R); Diane Black (R); Bill Flores (R); Scott DesJarlais (R); Lynn Westmoreland (R); Kevin Yoder (R); Roger Williams (R); Randy Neugebauer (R); George Holding (R); Trey Gowdy (R); John Shimkus (R); John Carter (R); Garret Graves (D); Scott Tipton (R); French Hill (R); Earl Carter (R); Tom Emmer (R); Stevan Pearce (R); Darin LaHood (R); Bill Huizenga (R); Tim Huelskamp (R); Robert Pittenger (R); David Roe (R); Ann Wagner (R); Austin Scott (R); Kevin Cramer (R); Keith Rothfus (R); Richard Hudson (R)
Chamber | Date | Action |
Senate | Jul 13 2016 | Received in the Senate and Read twice and referred to the Committee on the Judiciary. |
House | Jul 12 2016 | The title of the measure was amended. Agreed to without objection. |
House | Jul 12 2016 | Motion to reconsider laid on the table Agreed to without objection. |
House | Jul 12 2016 | On passage Passed by recorded vote: 240 - 171 (Roll no. 416). |
House | Jul 12 2016 | On motion to recommit with instructions Failed by the Yeas and Nays: 169 - 236 (Roll no. 415). |
House | Jul 12 2016 | The House rose from the Committee of the Whole House on the state of the Union to report H.R. 4768. |
House | Jul 12 2016 | The previous question on the motion to recommit with instructions was ordered without objection. |
House | Jul 12 2016 | 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". |
House | Jul 12 2016 | Mr. Keating moved to recommit with instructions to the Committee on the Judiciary. (consideration: CR H4693-4695; text: CR H4693) |
House | Jul 12 2016 | 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. |
House | Jul 12 2016 | Considered as unfinished business. (consideration: CR H4690-4695) |
House | Jul 12 2016 | The House resolved into Committee of the Whole House on the state of the Union for further consideration. |
House | Jul 12 2016 | H.Amdt.1272 On agreeing to the Johnson (GA) amendment (A001) Failed by recorded vote: 194 - 223 (Roll no. 411). |
House | Jul 12 2016 | H.Amdt.1274 On agreeing to the Meeks amendment (A003) Failed by recorded vote: 174 - 243 (Roll no. 412). |
House | Jul 12 2016 | H.Amdt.1275 On agreeing to the Johnson (GA) amendment (A004) Failed by recorded vote: 174 - 243 (Roll no. 413). |
House | Jul 12 2016 | H.Amdt.1276 On agreeing to the Johnson (GA) amendment (A005) Failed by recorded vote: 181 - 235 (Roll no. 414). |
House | Jul 11 2016 | 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. |
House | Jul 11 2016 | 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. |
House | Jul 11 2016 | H.Amdt.1275 Amendment (A004) offered by Mr. Johnson (GA). (consideration: CR H4655-4656; text: CR H4655) |
House | Jul 11 2016 | 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. |
House | Jul 11 2016 | 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. |
House | Jul 11 2016 | 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. |
House | Jul 11 2016 | H.Amdt.1273 On agreeing to the Johnson (GA) amendment (A002) Failed by voice vote. |
House | Jul 11 2016 | H.Amdt.1276 Amendment (A005) offered by Mr. Johnson (GA). (consideration: CR H4656-4657; text: CR H4656) |
House | Jul 11 2016 | 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. |
House | Jul 11 2016 | Mr. Cartwright moved that the committee rise. |
House | Jul 11 2016 | On motion that the committee rise Agreed to by voice vote. |
House | Jul 11 2016 | Committee of the Whole House on the state of the Union rises leaving H.R. 4768 as unfinished business. |
House | Jul 11 2016 | 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. |
House | Jul 11 2016 | Considered under the provisions of rule H. Res. 796. (consideration: CR H4615-4622) |
House | Jul 11 2016 | Rule provides for consideration of H.R. 4768 with 1 hour of general debate. Motion to recommit with or without instructions allowed. |
House | Jul 11 2016 | House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 796 and Rule XVIII. |
House | Jul 11 2016 | The Speaker designated the Honorable E. Scott Rigell to act as Chairman of the Committee. |
House | Jul 11 2016 | GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 4768. |
House | Jul 11 2016 | Committee of the Whole House on the state of the Union rises leaving H.R. 4768 as unfinished business. |
House | Jul 11 2016 | Considered as unfinished business. (consideration: CR H4651-4657; text of measure as reported in House: CR H4652) |
House | Jul 11 2016 | The House resolved into Committee of the Whole House on the state of the Union for further consideration. |
House | Jul 11 2016 | H.Amdt.1272 Amendment (A001) offered by Mr. Johnson (GA). (consideration: CR H4651-4563; text: CR H4652) |
House | Jul 11 2016 | 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. |
House | Jul 11 2016 | 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. |
House | Jul 11 2016 | H.Amdt.1273 Amendment (A002) offered by Mr. Johnson (GA). (consideration: CR H4652-4654, H4656; text: CR H4653) |
House | Jul 11 2016 | 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. |
House | Jul 11 2016 | 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. |
House | Jul 11 2016 | H.Amdt.1274 Amendment (A003) offered by Mr. Meeks. (consideration: CR H4654-4655; text: CR H4654) |
House | Jul 5 2016 | Rule H. Res. 796 passed House. |
House | Jun 23 2016 | 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. |
House | Jun 14 2016 | Placed on the Union Calendar, Calendar No. 483. |
House | Jun 14 2016 | Reported (Amended) by the Committee on Judiciary. H. Rept. 114-622. |
House | Jun 8 2016 | Committee Consideration and Mark-up Session Held. |
House | Jun 8 2016 | Ordered to be Reported (Amended) by the Yeas and Nays: 12 - 8. |
House | May 17 2016 | Subcommittee Hearings Held. |
House | Apr 1 2016 | Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law. |
House | Mar 16 2016 | Referred to the House Committee on the Judiciary. |
House | Mar 16 2016 | Introduced in House |
Type | Date | Federal Link | Text |
Introduced | Mar 18 2016 | federal bill text | bill text |
Introduced | Jun 15 2016 | federal bill text | bill text |
Engrossed | Jul 13 2016 | federal bill text | bill text |
Title | Description | Date | State Link | Text | Adopted |
There are no amendments to this bill at this time |
Chamber: S
Committee Name: Judiciary
On Passage
On Passage
On Motion to Recommit with Instructions
On Agreeing to the Amendment
On Agreeing to the Amendment
On Agreeing to the Amendment
On Agreeing to the Amendment