S. 4527Senate118th Congress (2023-2025)In Committee

Separation of Powers Restoration Act

Introduced June 12, 2024

AI-Generated Summary

Updated January 20, 2026 at 5:18 PM UTC

The Separation of Powers Restoration Act amends Section 706 of Title 5 of the U.S. Code to change how courts review agency interpretations of statutes and regulations. It requires courts to decide all legal questions de novo, including constitutional and statutory issues, rather than deferring to agencies. The bill also bars courts from treating gaps or ambiguities in the law as giving agencies implicit rule‑making power, and it applies these rules to every judicial review of agency action with no general exemptions.

Key Provisions

  • Requires courts to decide de novo all relevant legal questions in agency actions, including constitutional, statutory, and agency‑made rules
  • Prohibits courts from interpreting gaps or ambiguities as an implicit delegation of rule‑making authority to agencies or as a basis for expansive agency authority or deference
  • Applies the de novo review and anti‑delegation rule to any civil action for judicial review of agency action, with no exemptions except an explicit reference to this section
  • Renumbers subsections for clarity (changing references to (a), (b), (c) as part of the amendment)

Legislative Activity

Stay on top of the latest movement without scrolling through every action

1 earlier action
SenateIntro Referral Latest Action

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

June 12, 2024

View full timeline
SenateIntro Referral

Introduced in Senate

June 12, 2024

SenateIntro Referral

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

June 12, 2024

Bill Text

Latest available legislative text

Reading Mode
Latest
Introduced in SenateIssued June 12, 2024

II

118th CONGRESS

2d Session

S. 4527

IN THE SENATE OF THE UNITED STATES

June 12, 2024

Mr. Schmitt introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs

A BILL

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

1.

Short title

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

2.

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)

in subsection (a), as so designated—

(A)

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

(B)

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. If the reviewing court determines that a statutory or regulatory provision relevant to its decision contains a gap or ambiguity, the court shall not interpret that gap or ambiguity as an implicit delegation to the agency of legislative rule making authority and shall not rely on the gap or ambiguity as a justification for interpreting agency authority expansively or for deferring to the agency’s interpretation on the question of law. 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;

(3)

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

(b)

The reviewing court shall—

; and

(4)

by striking In making the foregoing determinations and inserting the following:

(c)

In making the foregoing determinations

.