[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 288 Referred in Senate (RFS)]

<DOC>
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.

    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 2023'' 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) 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.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.

                               By Lisa P. Grant,

                                                          Deputy Clerk.