SOPRA

Bill: 119-s-33
Sponsor: full_name: Sen. Schmitt, Eric [R-MO]
Introduced: 2025-01-08
Policy area: Law
Latest action: action_date: 2025-01-08
text: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Summaries:
action_date: 2025-01-08
action_desc: Introduced in Senate
text: <p><strong>Separation of Powers Restoration Act</strong> <strong>of 2025 or SOPRA</strong></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: II 119th CONGRESS 1st Session S. 33 IN THE SENATE OF THE UNITED STATES January 8, 2025 Mr. Schmitt (for himself, Mr. Cruz , Mr. Cramer , Mr. Paul , Ms. Ernst , Mr. Budd , Mrs. Blackburn , Mrs. Britt , and Mr. Hagerty ) 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, 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 2025 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) 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 .