H.R. 4768 — what changed
Separation of Powers Restoration Act of 2016
From Introduced in House to Reported in House. 1 section amended between Introduced in House and Reported in House.
Sec. 2 Judicial review of statutory and regulatory interpretations
changed
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”.amended—
added
by striking “To the extent necessary” and inserting “(a) To the extent necessary”;
added
by striking “decide all relevant questions of law, interpret constitutional and statutory provisions, and”;
added
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
added
by striking “The reviewing court shall—” and inserting the following:
added “(b) The reviewing court shall—”