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A bill to amend title 5, United States Code, to clarify the nature of judicial review of agency interpretations of statutory and regulatory provisions.

1/14/2025, 7:03 PM

Summary of Bill S 33

Bill 119 s 33, also known as the "Judicial Review of Agency Interpretations Act," aims to amend title 5 of the United States Code in order to provide clarity on the nature of judicial review of agency interpretations of statutory and regulatory provisions.

The bill seeks to address the issue of ambiguity and inconsistency in how courts review agency interpretations of laws and regulations. It aims to establish a clear standard for judicial review that ensures agencies are held accountable for their interpretations, while also allowing for deference to their expertise in certain cases.

Specifically, the bill outlines that courts should review agency interpretations of statutes and regulations de novo, meaning they should give no deference to the agency's interpretation and instead interpret the law themselves. However, the bill also allows for courts to give deference to an agency's interpretation if certain conditions are met, such as if the interpretation is based on the agency's expertise or if the statute or regulation is ambiguous. Overall, the goal of Bill 119 s 33 is to provide a more consistent and transparent framework for judicial review of agency interpretations, ensuring that agencies are held accountable while also recognizing their expertise in certain cases.

Congressional Summary of S 33

Separation of Powers Restoration Act of 2025 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.

Current Status of Bill S 33

Bill S 33 is currently in the status of Bill Introduced since January 8, 2025. Bill S 33 was introduced during Congress 119 and was introduced to the Senate on January 8, 2025.  Bill S 33's most recent activity was Read twice and referred to the Committee on Homeland Security and Governmental Affairs. as of January 8, 2025

Bipartisan Support of Bill S 33

Total Number of Sponsors
2
Democrat Sponsors
0
Republican Sponsors
2
Unaffiliated Sponsors
0
Total Number of Cosponsors
8
Democrat Cosponsors
0
Republican Cosponsors
8
Unaffiliated Cosponsors
0

Policy Area and Potential Impact of Bill S 33

Primary Policy Focus

Alternate Title(s) of Bill S 33

A bill to amend title 5, United States Code, to clarify the nature of judicial review of agency interpretations of statutory and regulatory provisions.
A bill to amend title 5, United States Code, to clarify the nature of judicial review of agency interpretations of statutory and regulatory provisions.

Comments

Nasir Fitzgerald profile image

Nasir Fitzgerald

468

11 months ago

Ugh, can't believe they're trying to mess with how agencies interpret laws. Like, why fix something that ain't broke? This bill is just gonna cause more confusion and headaches for everyone involved. SMH. #NotImpressed