HR 288 United States House · 118th Congress

Separation of Powers Restoration Act of 2023

HR 288, the Separation of Powers Restoration Act of 2023, amends federal law to change how courts review agency actions. It requires federal courts to decide de novo (anew) all legal questions - including interpretations of laws and the Constitution - when reviewing agency decisions, rather than deferring to agency interpretations. This applies to all judicial reviews of agency actions under existing law, unless a specific law explicitly exempts such cases. The bill directly affects federal courts, agencies, and parties involved in litigation over agency rules or enforcement. It aims to shift interpretive authority from agencies to courts in administrative law cases.

Bill status passed 3 of 5 stages cleared

Introduction

Jan 2023

Committee Review

Jun 2023

House Passage

Jun 2023

Senate Passage

President

Introduced Jan 11, 2023 Last action Jun 20, 2023

Floor votes · House Jun 15, 2023

How they voted

220–211

Passed · 2 other

Total votes 433

Jun 15, 2023

D Democratic212

1 Yea 210 Nay 1

99% Nay

I Independent1

1 Yea

100% Yea

R Republican220

218 Yea 1 Nay 1

99% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Jun 20, 2023

Committee

Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

upper

Jun 15, 2023

Lower · Passed

On passage Passed by the Yeas and Nays: 220 - 211 (Roll no. 271).

lower

Jun 15, 2023

Lower · Passed

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 220 - 211 (Roll no. 271).

lower

Jun 15, 2023

Lower · Passed

Ms. Dean (PA) moved to recommit to the Committee on the Judiciary. (text: CR H2944)

lower

Jun 15, 2023

Introduced

The previous question was ordered on the amendment and the bill pursuant to the rule.

lower

Jun 15, 2023

Introduced

DEBATE - Pursuant to the provisions of H. Res. 495, the House proceeded with 10 minutes of debate on the Hageman amendment No. 1.

lower

Jun 12, 2023

Lower · Passed

Rules Committee Resolution H. Res. 495 Reported to House. Rule provides for consideration of H.J. Res. 44, H.R. 277, H.R. 288, H.R. 1615 and H.R. 1640. The resolution provides for consideration of H. J. Res. 44 under a closed rule with one hour of general debate and H.R. 277, H.R. 288, H.R. 1615, and H.R. 1640 under structured rules with one hour of general debate. Motion to recommit allowed on each measure. The resolution also provides that the ordering of the yeas and nays on the question of reconsideration of the vote on adoption of H. Res. 463 be considered vacated and the motion to reconsider be laid on the table.

lower

Jun 5, 2023

Lower · Passed

Rules Committee Resolution H. Res. 463 Reported to House. Rule provides for consideration of H.R. 277, H.R. 288, H.R. 1615 and H.R. 1640. The resolution provides for consideration of H. R. 277 under a structured rule with one hour of general debate; H. R. 288 under a structured rule with one hour of general debate; H. R. 1615 under a structured rule with one hour of general debate; and H. R. 1640 under a structured rule with one hour of general debate. One motion to recommit on each measure.

lower

Jun 1, 2023

Lower · Passed

Reported (Amended) by the Committee on Judiciary. H. Rept. 118-83.

lower

May 10, 2023

Introduced

Ordered to be Reported (Amended) by the Yeas and Nays: 15 - 5.

lower

May 10, 2023

Lower · Passed

Committee Consideration and Mark-up Session Held.

lower

Jan 11, 2023

Committee

Referred to the House Committee on the Judiciary.

lower

Jan 11, 2023

Introduced

Introduced in House

lower

1 primary · 13 co-sponsors