HR 7895 · 116th Congress 2019–2021, ended

Separation of Powers Restoration Act of 2020

Introduced Jul 31, 2020 Originated House Sponsor Kelly Armstrong R-ND

Fact sheet Spreadsheet

Latest action · Jul 31, 2020 Referred to the House Committee on the Judiciary.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedJul 31, 2020
  2. Passed HouseNot reached
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Separation of Powers Restoration Act of 2020

This bill modifies the scope of judicial review of agency actions to authorize courts reviewing agency actions to decide de novo (i.e., 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 a civil action from the standard of review required by this bill except by specific reference to such provision.

Cosponsors 27

Members who signed on, in the order they did. Signatures ran from Jul 31, 2020 to Sep 29, 2020; 20 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
R-AZAndy BiggsOriginalJul 31, 2020
R-GABarry LoudermilkOriginalJul 31, 2020
R-VABen ClineOriginalJul 31, 2020
R-ALBradley ByrneOriginalJul 31, 2020
R-TNDavid P. RoeOriginalJul 31, 2020
R-NCDavid RouzerOriginalJul 31, 2020
R-GADoug CollinsOriginalJul 31, 2020
R-CODoug LambornOriginalJul 31, 2020
R-ALGary J. PalmerOriginalJul 31, 2020
R-PAGuy ReschenthalerOriginalJul 31, 2020
R-VAH. Morgan GriffithOriginalJul 31, 2020
R-SCJeff DuncanOriginalJul 31, 2020
R-COKen BuckOriginalJul 31, 2020
R-NCMark WalkerOriginalJul 31, 2020
R-FLMatt GaetzOriginalJul 31, 2020
R-TXMichael C. BurgessOriginalJul 31, 2020
R-WIMike GallagherOriginalJul 31, 2020
R-LAMike JohnsonOriginalJul 31, 2020
R-OHSteve ChabotOriginalJul 31, 2020
R-FLTed S. YohoOriginalJul 31, 2020
R-WIF. James Sensenbrenner, Jr.Aug 7, 2020
R-ALMo BrooksSep 11, 2020
R-VADenver RigglemanSep 14, 2020
R-CADoug LaMalfaSep 14, 2020
R-OKMarkwayne MullinSep 14, 2020
R-PAScott PerrySep 14, 2020
R-TXBill FloresSep 29, 2020

Committees 1

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseJudiciary Committee
Referred Jul 31, 2020

Actions 2

Everything that happened, newest first.

  1. Jul 31, 2020Introduced in House
  2. Jul 31, 2020Referred to the House Committee on the Judiciary.

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: Article III, Section 1, Sentence 1, and Section 2, Clauses 1 and 4 of the Constitution, in that the legislation defines or affects judicial powers and cases that are subject to legislation by Congress; Article 1, Section 1, Clause 1 of the United States Constitution, in that the legislation concerns the exercise of legislative powers generally granted to Congress by that section, including the exercise of those powers when delegated by Congress to the Executive; and, Article 1, Section 8, Clause 18 of the United States Constitution, in that the legislation exercises legislative power granted to Congress by that clause ``to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

The sponsor’s statement, as printed in the Congressional Record, vol. 166, no. 136, July 31, 2020, page H4214.

Related bills 2

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
S 909Separation of Powers Restoration ActRelated billMar 27, 2019
HR 1927Separation of Powers Restoration Act of 2019Related billMay 3, 2019

Titles 2

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To amend title 5, United States Code, to clarify the nature of judicial review of agency interpretations of statutory and regulatory provisions.
Short Title(s) as Introduced
Separation of Powers Restoration Act of 2020

Subjects

Assigned by the Library of Congress. Policy area: Government Operations and Politics.

Text 1

Each version as it was printed, newest first.

  1. Jul 31, 2020Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.