Separation of Powers Restoration Act of 2023

Bill: 118-hr-288
Sponsor: full_name: Rep. Fitzgerald, Scott [R-WI-5]
Introduced: 2023-01-11
Policy area: Government Operations and Politics
Subjects: Administrative law and regulatory procedures

Constitution and constitutional amendments

Judicial review and appeals
Latest action: action_date: 2023-06-20
text: Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Summaries:
action_date: 2023-01-11
action_desc: Introduced in House
text: <p><strong>Separation of Powers Restoration Act</strong> <b>of 202</b><strong></strong><b>3</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. </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>

action_date: 2023-06-01
action_desc: Reported to House
text: <p><strong>Separation of Powers Restoration Act</strong> <b>of 2023 or SOPRA</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. </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>

action_date: 2023-06-15
action_desc: Passed House
text: <p><strong>Separation of Powers Restoration Act</strong> <b>of 2023 or SOPRA</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, (2) rules made by agencies, (3) interpretative rules, (4) general statements of policy, and (5) all other agency guidance documents. </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: 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.

1. Short title This Act may be cited as the Separation of Powers Restoration Act of 2023 or SOPRA . 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) 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.

tv_txt: I 118th CONGRESS 1st Session H. R. 288 IN THE HOUSE OF REPRESENTATIVES AN ACT To amend title 5, United States Code, to clarify the nature of 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 of 2023 or SOPRA . 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) 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.

tv_txt: IB Union Calendar No. 60 118th CONGRESS 1st Session H. R. 288 [Report No. 118–83] IN THE HOUSE OF REPRESENTATIVES January 11, 2023 Mr. Fitzgerald (for himself, Mrs. Miller of Illinois , Mr. Duncan , Mr. McClintock , Mr. Burgess , Mr. Buck , Mr. Tiffany , Mr. Bishop of North Carolina , Mr. Jackson of Texas , and Mr. Cline ) introduced the following bill; which was referred to the Committee on the Judiciary June 1, 2023 Additional sponsors: Mr. Johnson of Louisiana , Ms. Hageman , Mr. Brecheen , and Mr. Fry June 1, 2023 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on January 11, 2023 A BILL To amend title 5, United States Code, to clarify the nature of 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 of 2023 or SOPRA . 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) 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, and rules made by agencies. 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— .

June 1, 2023 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

tv_txt: I 118th CONGRESS 1st Session H. R. 288 IN THE HOUSE OF REPRESENTATIVES January 11, 2023 Mr. Fitzgerald (for himself, Mrs. Miller of Illinois , Mr. Duncan , Mr. McClintock , Mr. Burgess , Mr. Buck , Mr. Tiffany , Mr. Bishop of North Carolina , Mr. Jackson of Texas , and Mr. Cline ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 5, United States Code, to clarify the nature of 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 of 2023 . 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) 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, and rules made by agencies. 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— .