To amend title 5, United States Code, to provide that judicial review under the Administrative Procedure Act requires de novo trial of the facts when agency action seeks a sanction.

This bill changes the federal law that sets how courts review actions taken by federal agencies. Under the bill, a reviewing court would decide all relevant questions of fact, not only questions of law. It also removes the current limit that lets a court set aside agency action as unsupported by the facts only when the facts are subject to a new trial in court. Instead, courts could set aside agency rules and agency case decisions made through formal or informal procedures if the facts do not support them. The title says the change applies when an agency seeks a penalty, but the amended text itself does not state that limit.

Full text and official record on Congress.gov

Sponsors

• Harriet M. Hageman Republican sponsor
• 0 cosponsors