119-s33

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 33 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 33

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

 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.

 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 2025'' 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''.
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