II
Calendar No. 438
118th CONGRESS
2d Session
S. 4727
IN THE SENATE OF THE UNITED STATES
July 11 (legislative day, July 10), 2024
Mr. Schmitt (for himself, Mr. Cramer, Ms. Ernst, Mr. Cruz, Mr. Braun, Mr. Budd, Mr. Tuberville, Mr. Hagerty, Mr. Thune, Mrs. Blackburn, and Mr. Paul) introduced the following bill; which was read the first time
July 23, 2024
Read the second time and placed on the calendar
A BILL
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 2024
or SOPRA
.
Judicial review of statutory and regulatory interpretations
Section 706 of title 5, United States Code, is amended—
by striking To the extent necessary
and inserting (a) To the extent necessary
;
in subsection (a), as so designated—
by striking decide all relevant questions of law, interpret constitutional and statutory provisions, and
;
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
by striking The reviewing court shall—
and inserting the following:
The reviewing court shall—
; and
by striking In making the foregoing determinations
and inserting the following:
In making the foregoing determinations
.
July 23, 2024
Read the second time and placed on the calendar