Separation of Powers Restoration Act of 2023
USA118th CongressHR-288| House
| Updated: 6/20/2023
Scott Fitzgerald
Republican Representative
Wisconsin
Cosponsors (13)
Michael C. Burgess (Republican)Mike Johnson (Republican)Thomas P. Tiffany (Republican)Ken Buck (Republican)Tom McClintock (Republican)Jeff Duncan (Republican)Ronny Jackson (Republican)Dan Bishop (Republican)Harriet M. Hageman (Republican)Mary E. Miller (Republican)Russell Fry (Republican)Ben Cline (Republican)Josh Brecheen (Republican)
Homeland Security and Governmental Affairs Committee, Judiciary Committee
- Introduced
- In Committee
- On Floor
- Passed Chamber
- Enacted
Separation of Powers Restoration Act of 2023 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.
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Timeline
Introduced in House
Referred to the House Committee on the Judiciary.
Ordered to be Reported (Amended) by the Yeas and Nays: 15 - 5.
Committee Consideration and Mark-up Session Held.
Placed on the Union Calendar, Calendar No. 60.
Reported (Amended) by the Committee on Judiciary. H. Rept. 118-83.
Rules Committee Resolution H. Res. 463 Reported to House. Rule provides for consideration of H.R. 277, H.R. 288, H.R. 1615 and H.R. 1640. The resolution provides for consideration of H. R. 277 under a structured rule with one hour of general debate; H. R. 288 under a structured rule with one hour of general debate; H. R. 1615 under a structured rule with one hour of general debate; and H. R. 1640 under a structured rule with one hour of general debate. One motion to recommit on each measure.
Rules Committee Resolution H. Res. 495 Reported to House. Rule provides for consideration of H.J. Res. 44, H.R. 277, H.R. 288, H.R. 1615 and H.R. 1640. The resolution provides for consideration of H. J. Res. 44 under a closed rule with one hour of general debate and H.R. 277, H.R. 288, H.R. 1615, and H.R. 1640 under structured rules with one hour of general debate. Motion to recommit allowed on each measure. The resolution also provides that the ordering of the yeas and nays on the question of reconsideration of the vote on adoption of H. Res. 463 be considered vacated and the motion to reconsider be laid on the table.
Considered under the provisions of rule H. Res. 495. (consideration: CR H2938-2944; text: CR H2938-2939)
Rule provides for consideration of H.J. Res. 44, H.R. 277, H.R. 288, H.R. 1615 and H.R. 1640. The resolution provides for consideration of H. J. Res. 44 under a closed rule with one hour of general debate and H.R. 277, H.R. 288, H.R. 1615, and H.R. 1640 under structured rules with one hour of general debate. Motion to recommit allowed on each measure. The resolution also provides that the ordering of the yeas and nays on the question of reconsideration of the vote on adoption of H. Res. 463 be considered vacated and the motion to reconsider be laid on the table.
DEBATE - The House proceeded with one hour of debate on H.R. 288.
DEBATE - Pursuant to the provisions of H. Res. 495, the House proceeded with 10 minutes of debate on the Hageman amendment No. 1.
The previous question was ordered on the amendment and the bill pursuant to the rule.
Ms. Dean (PA) moved to recommit to the Committee on the Judiciary. (text: CR H2944)
The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
POSTPONED PROCEEDINGS - At the conclusion of debate on H. R. 288, the Chair put the question on the motion to recommit and by voice vote, announced the noes had prevailed. Ms. Dean (PA) demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
Considered as unfinished business. (consideration: CR H2944-2945)
On motion to recommit Failed by the Yeas and Nays: 210 - 220 (Roll no. 270).
View VoteOn passage Passed by the Yeas and Nays: 220 - 211 (Roll no. 271).
View VoteMotion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Government Operations and Politics
Administrative law and regulatory proceduresConstitution and constitutional amendmentsJudicial review and appeals
Separation of Powers Restoration Act of 2023
USA118th CongressHR-288| House
| Updated: 6/20/2023
Separation of Powers Restoration Act of 2023 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.
Suggested Questions
Get AI-generated questions to help you understand this bill better
Timeline
Introduced in House
Referred to the House Committee on the Judiciary.
Ordered to be Reported (Amended) by the Yeas and Nays: 15 - 5.
Committee Consideration and Mark-up Session Held.
Placed on the Union Calendar, Calendar No. 60.
Reported (Amended) by the Committee on Judiciary. H. Rept. 118-83.
Rules Committee Resolution H. Res. 463 Reported to House. Rule provides for consideration of H.R. 277, H.R. 288, H.R. 1615 and H.R. 1640. The resolution provides for consideration of H. R. 277 under a structured rule with one hour of general debate; H. R. 288 under a structured rule with one hour of general debate; H. R. 1615 under a structured rule with one hour of general debate; and H. R. 1640 under a structured rule with one hour of general debate. One motion to recommit on each measure.
Rules Committee Resolution H. Res. 495 Reported to House. Rule provides for consideration of H.J. Res. 44, H.R. 277, H.R. 288, H.R. 1615 and H.R. 1640. The resolution provides for consideration of H. J. Res. 44 under a closed rule with one hour of general debate and H.R. 277, H.R. 288, H.R. 1615, and H.R. 1640 under structured rules with one hour of general debate. Motion to recommit allowed on each measure. The resolution also provides that the ordering of the yeas and nays on the question of reconsideration of the vote on adoption of H. Res. 463 be considered vacated and the motion to reconsider be laid on the table.
Considered under the provisions of rule H. Res. 495. (consideration: CR H2938-2944; text: CR H2938-2939)
Rule provides for consideration of H.J. Res. 44, H.R. 277, H.R. 288, H.R. 1615 and H.R. 1640. The resolution provides for consideration of H. J. Res. 44 under a closed rule with one hour of general debate and H.R. 277, H.R. 288, H.R. 1615, and H.R. 1640 under structured rules with one hour of general debate. Motion to recommit allowed on each measure. The resolution also provides that the ordering of the yeas and nays on the question of reconsideration of the vote on adoption of H. Res. 463 be considered vacated and the motion to reconsider be laid on the table.
DEBATE - The House proceeded with one hour of debate on H.R. 288.
DEBATE - Pursuant to the provisions of H. Res. 495, the House proceeded with 10 minutes of debate on the Hageman amendment No. 1.
The previous question was ordered on the amendment and the bill pursuant to the rule.
Ms. Dean (PA) moved to recommit to the Committee on the Judiciary. (text: CR H2944)
The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
POSTPONED PROCEEDINGS - At the conclusion of debate on H. R. 288, the Chair put the question on the motion to recommit and by voice vote, announced the noes had prevailed. Ms. Dean (PA) demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
Considered as unfinished business. (consideration: CR H2944-2945)
On motion to recommit Failed by the Yeas and Nays: 210 - 220 (Roll no. 270).
View VoteOn passage Passed by the Yeas and Nays: 220 - 211 (Roll no. 271).
View VoteMotion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Scott Fitzgerald
Republican Representative
Wisconsin
Cosponsors (13)
Michael C. Burgess (Republican)Mike Johnson (Republican)Thomas P. Tiffany (Republican)Ken Buck (Republican)Tom McClintock (Republican)Jeff Duncan (Republican)Ronny Jackson (Republican)Dan Bishop (Republican)Harriet M. Hageman (Republican)Mary E. Miller (Republican)Russell Fry (Republican)Ben Cline (Republican)Josh Brecheen (Republican)
Homeland Security and Governmental Affairs Committee, Judiciary Committee
Government Operations and Politics
Related Bills
- HRES 118-495: Providing for consideration of the joint resolution (H.J. Res. 44) providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives relating to "Factoring Criteria for Firearms with Attached 'stabilizing braces'"; providing for consideration of the bill (H.R. 277) to amend chapter 8 of title 5, United States Code, to provide that major rules of the executive branch shall have no force or effect unless a joint resolution of approval is enacted into law; providing for consideration of the bill (H.R. 288) to amend title 5, United States Code, to clarify the nature of judicial review of agency interpretations of statutory and regulatory provisions; providing for consideration of the bill (H.R. 1615) to prohibit the use of Federal funds to ban gas stoves; and providing for consideration of the bill (H.R 1640) to prohibit the Secretary of Energy from finalizing, implementing, or enforcing the proposed rule titled "Energy Conservation Program: Energy Conservation Standards for Consumer Conventional Cooking Products", and for other purposes.
- HRES 118-463: Providing for consideration of the bill (H.R. 277) to amend chapter 8 of title 5, United States Code, to provide that major rules of the executive branch shall have no force or effect unless a joint resolution of approval is enacted into law; providing for consideration of the bill (H.R. 288) to amend title 5, United States Code, to clarify the nature of judicial review of agency interpretations of statutory and regulatory provisions; providing for consideration of the bill (H.R. 1615) to prohibit the use of Federal funds to ban gas stoves; and providing for consideration of the bill (H.R. 1640) to prohibit the Secretary of Energy from finalizing, implementing, or enforcing the proposed rule titled "Energy Conservation Program: Energy Conservation Standards for Consumer Conventional Cooking Products", and for other purposes.
- S 118-4527: Separation of Powers Restoration Act
- Introduced
- In Committee
- On Floor
- Passed Chamber
- Enacted
Administrative law and regulatory proceduresConstitution and constitutional amendmentsJudicial review and appeals