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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4727 Placed on Calendar Senate (PCS)]

<DOC>

                                                       Calendar No. 438
118th CONGRESS
  2d Session
                                S. 4727

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

_______________________________________________________________________

                   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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Separation of Powers Restoration Act 
of 2024'' or ``SOPRA''.

SEC. 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'';
                    (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, 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
            (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''.
                                                       Calendar No. 438

118th CONGRESS

  2d Session

                                S. 4727

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             July 23, 2024

            Read the second time and placed on the calendar
```