Federal

Separation of Powers Restoration Act of 2023

Source: Congress.gov · 391 words in original text

What This Bill Does

This bill changes how courts review when government agencies interpret laws and regulations. The bill, called the Separation of Powers Restoration Act of 2023, modifies the rules that courts must follow when deciding whether an agency's interpretation is correct.

Who It Affects

Courts that review government agency actions. Government agencies that create interpretations of laws and regulations. People or businesses that challenge agency interpretations in court.

Key Provisions

Courts must decide all questions of law "de novo" when reviewing agency interpretations (Sec. 2). This includes reviewing how agencies interpret the Constitution, laws passed by Congress, agency rules, and agency guidance documents (Sec. 2). No other law can exempt a court case from following this rule unless that law specifically mentions this section (Sec. 2).

What Changes

Courts will now review agency interpretations of laws and regulations using a standard called "de novo" (meaning judges decide the question fresh without giving special weight to what the agency decided). Previously, the bill text suggests courts may have applied a different standard. The bill requires that this new standard apply to all court cases challenging agency actions, no matter what other laws say.

Important Definitions

Agency guidance documents: written statements from agencies about how they interpret rules and policies. De novo review: a type of court review where the judge makes their own independent decision about what the law means, rather than accepting the agency's interpretation as correct.

IIB 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 Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 23:48 Jun 20, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H288.RFS H288 kjohnson on DSK79L0C42PROD with BILLS 2 HR 288 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Separation of Powers 2 Restoration Act of 2023’’ or ‘‘SOPRA’’. 3 SEC. 2. JUDICIAL REVIEW OF STATUTORY AND REGU- 4 LATORY INTERPRETATIONS. 5 Section 706 of title 5, United States Code, is amend- 6 ed— 7 (1) by striking ‘‘To the extent necessary’’ and 8 inserting ‘‘(a) To the extent necessary’’; 9 (2) by striking ‘‘decide all relevant questions of 10 law, interpret constitutional and statutory provi- 11 sions, and’’; 12 (3) by inserting after ‘‘of the terms of an agen- 13 cy action’’ the following ‘‘and decide de novo all rel- 14 evant questions of law, including the interpretation 15 of constitutional and statutory provisions, rules 16 made by agencies, and interpretative rules, general 17 statements of policy, and all other agency guidance 18 documents. Notwithstanding any other provision of 19 law, this subsection shall apply in any action for ju- 20 dicial review of agency action authorized under any 21 provision of law. No law may exempt any such civil 22 action from the application of this section except by 23 specific reference to this section’’; and 24 (4) by striking ‘‘The reviewing court shall—’’ 25 and inserting the following: 26 VerDate Sep 11 2014 23:48 Jun 20, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H288.RFS H288 kjohnson on DSK79L0C42PROD with BILLS 3 HR 288 RFS ‘‘(b) The reviewing court shall—’’. 1 Passed the House of Representatives June 15, 2023. Attest: CHERYL L. JOHNSON, Clerk. By LISA P. GRANT, Deputy Clerk. VerDate Sep 11 2014 23:48 Jun 20, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H288.RFS H288 kjohnson on DSK79L0C42PROD with BILLS

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