Separation of Powers Restoration Act

Bill: 116-s-909
Sponsor: full_name: Sen. Sasse, Ben [R-NE]
Introduced: 2019-03-27
Policy area: Government Operations and Politics
Subjects: Administrative law and regulatory procedures

Constitution and constitutional amendments

Judicial review and appeals
Latest action: action_date: 2019-03-27
text: Read twice and referred to the Committee on the Judiciary.

Summaries:
action_date: 2019-03-27
action_desc: Introduced in Senate
text: <p><strong>Separation of Powers Restoration Act</strong> <b>of 2019</b></p> <p>This bill modifies the scope of judicial review of agency actions to authorize courts reviewing agency actions to decide de novo (i.e., without giving deference to the agency's interpretation) all relevant questions of law, including the interpretation of (1) constitutional and statutory provisions, and (2) rules made by agencies. Further, this bill prohibits reviewing courts from deferring to an agency's interpretation of a question of law when the authorizing statutory or regulatory provision is silent or ambiguous with respect to an agency's authority.</p> <p>No law may exempt a civil action from the standard of review required by this bill except by specific reference to such provision.</p>

tv_txt: II 116th CONGRESS 1st Session S. 909 IN THE SENATE OF THE UNITED STATES March 27, 2019 Mr. Sasse (for himself, Mr. Grassley , Mr. Lankford , Mr. Tillis , Mr. Hawley , Mr. Crapo , Mr. Cornyn , Mr. Lee , Mr. Rounds , and Mr. Inhofe ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 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 ; and (3) by striking The reviewing court shall— and inserting the following: (b) The reviewing court shall— .