H.R. 288 – Reading Mode

IIB

118th CONGRESS

1st Session

H. R. 288

IN THE SENATE OF THE UNITED STATES

June 20, 2023

Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs

AN ACT

To amend title 5, United States Code, to clarify the nature of judicial review of agency interpretations of statutory and regulatory provisions.

Short title

This Act may be cited as the Separation of Powers Restoration Act of 2023 or SOPRA .

Judicial review of statutory and regulatory interpretations

Section 706 of title 5, United States Code, is amended—

(1)

by striking To the extent necessary and inserting (a) To the extent necessary;

(2)

by striking decide all relevant questions of law, interpret constitutional and statutory provisions, and;

(3)

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, rules made by agencies, and interpretative rules, general statements of policy, and all other agency guidance documents. 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

(4)

by striking The reviewing court shall— and inserting the following:

(b)

The reviewing court shall—

Passed the House of Representatives June 15, 2023.

Cheryl L. Johnson,

Clerk.

Lisa P. Grant,

Deputy Clerk.