H.R. 288 — Reported in House

IB Union Calendar No. 60 118th CONGRESS 1st Session H. R. 288 [Report No. 118–83] IN THE HOUSE OF REPRESENTATIVES January 11, 2023Mr. 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 June 1, 2023Additional sponsors: Mr. Johnson of Louisiana, Ms. Hageman, Mr. Brecheen, and Mr. Fry June 1, 2023Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printedStrike out all after the enacting clause and insert the part printed in italicFor text of introduced bill, see copy of bill as introduced on January 11, 2023 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 2023 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) 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— . June 1, 2023Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed