Separation of Powers Restoration Act of 2023 or SOPRA
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.
No law may exempt a civil action from the standard of review required by this bill except by specific reference to such provision.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 288 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 288
To amend title 5, United States Code, to clarify the nature of judicial
review of agency interpretations of statutory and regulatory
provisions.
_______________________________________________________________________
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.
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''.
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, 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--''.
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Ordered to be Reported (Amended) by the Yeas and Nays: 15 - 5.
Reported (Amended) by the Committee on Judiciary. H. Rept. 118-83.
Reported (Amended) by the Committee on Judiciary. H. Rept. 118-83.
Placed on the Union Calendar, Calendar No. 60.
Rules Committee Resolution H. Res. 463 Reported to House. Rule provides for consideration of H.R. 277, H.R. 288, H.R. 1615 and H.R. 1640. The resolution provides for consideration of H. R. 277 under a structured rule with one hour of general debate; H. R. 288 under a structured rule with one hour of general debate; H. R. 1615 under a structured rule with one hour of general debate; and H. R. 1640 under a structured rule with one hour of general debate. One motion to recommit on each measure.
Rules Committee Resolution H. Res. 495 Reported to House. Rule provides for consideration of H.J. Res. 44, H.R. 277, H.R. 288, H.R. 1615 and H.R. 1640. The resolution provides for consideration of H. J. Res. 44 under a closed rule with one hour of general debate and H.R. 277, H.R. 288, H.R. 1615, and H.R. 1640 under structured rules with one hour of general debate. Motion to recommit allowed on each measure. The resolution also provides that the ordering of the yeas and nays on the question of reconsideration of the vote on adoption of H. Res. 463 be considered vacated and the motion to reconsider be laid on the table.
Considered under the provisions of rule H. Res. 495. (consideration: CR H2938-2944; text: CR H2938-2939)
Rule provides for consideration of H.J. Res. 44, H.R. 277, H.R. 288, H.R. 1615 and H.R. 1640. The resolution provides for consideration of H. J. Res. 44 under a closed rule with one hour of general debate and H.R. 277, H.R. 288, H.R. 1615, and H.R. 1640 under structured rules with one hour of general debate. Motion to recommit allowed on each measure. The resolution also provides that the ordering of the yeas and nays on the question of reconsideration of the vote on adoption of H. Res. 463 be considered vacated and the motion to reconsider be laid on the table.
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DEBATE - The House proceeded with one hour of debate on H.R. 288.
DEBATE - Pursuant to the provisions of H. Res. 495, the House proceeded with 10 minutes of debate on the Hageman amendment No. 1.
The previous question was ordered on the amendment and the bill pursuant to the rule.
Ms. Dean (PA) moved to recommit to the Committee on the Judiciary. (text: CR H2944)
The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
POSTPONED PROCEEDINGS - At the conclusion of debate on H. R. 288, the Chair put the question on the motion to recommit and by voice vote, announced the noes had prevailed. Ms. Dean (PA) demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
Considered as unfinished business. (consideration: CR H2944-2945)
On motion to recommit Failed by the Yeas and Nays: 210 - 220 (Roll no. 270).
Roll Call #270 (House)Passed/agreed to in House: On passage Passed by the Yeas and Nays: 220 - 211 (Roll no. 271).
Roll Call #271 (House)On passage Passed by the Yeas and Nays: 220 - 211 (Roll no. 271).
Roll Call #271 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.