Bill Details
View committees (1)
AI Summary This summary was generated by AI from the bill text. AI can get information wrong.
This bill would change how courts review decisions made by federal agencies. It says judges must make their own independent decision on legal questions instead of relying on an agency’s reading of a law or regulation. In plain terms, it would give courts a stronger role and reduce the amount of deference given to agencies when they explain what statutes, rules, policy statements, or other guidance mean. The bill also says this rule should apply broadly to cases asking a court to review agency action, unless Congress clearly says otherwise in a specific law.
- Courts would have to decide legal questions “de novo,” which means starting fresh rather than accepting the agency’s view.
- The change would cover interpretations of laws, regulations, agency rules, policy statements, and other agency guidance documents.
- The bill says this new rule would apply to any court case reviewing agency action, unless another law specifically names this section as an exception.
Official Summaries
Separation of Powers Restoration Act of 2025 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.
Current Full Text
[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''.
<all>