H.R. 288 — what changed
Separation of Powers Restoration Act of 2023
From Reported in House to Engrossed in House. 1 section amended between Reported in House and Engrossed in House.
Sec. 2 Judicial review of statutory and regulatory interpretations
Section 706 of title 5, United States Code, is amended—
by striking “To the extent necessary” and inserting “(a) To the extent necessary”;
by striking “decide all relevant questions of law, interpret constitutional and statutory provisions, and”;
changed
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. 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
by striking “The reviewing court shall—” and inserting the following:
“(b) The reviewing court shall—”