S. 33

119 S33 IS: Separation of Powers Restoration Act of 2025
 U.S. Senate
 2025-01-08
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 EN
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 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
 .