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 proposes to amend the Administrative Procedure Act (APA) to significantly alter the standard of judicial review for agency actions that seek to impose a sanction. Specifically, it modifies Section 706 of title 5, United States Code, which governs the scope of judicial review of agency decisions. The core change mandates that courts conduct a de novo trial of the facts when reviewing an agency action that seeks a sanction. This means that instead of deferring to an agency's factual findings, a reviewing court would independently re-examine and determine the facts of the case. This new requirement applies to agency actions, including those resulting from rulemaking or adjudication, thereby ensuring a more rigorous judicial scrutiny of factual determinations underlying agency-imposed penalties or enforcement actions.
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Timeline
Introduced in House
Referred to the House Committee on the Judiciary.
Introduced in House
Referred to the House Committee on the Judiciary.
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.
USA119th CongressHR-9278| House
| Updated: 6/11/2026
This bill proposes to amend the Administrative Procedure Act (APA) to significantly alter the standard of judicial review for agency actions that seek to impose a sanction. Specifically, it modifies Section 706 of title 5, United States Code, which governs the scope of judicial review of agency decisions. The core change mandates that courts conduct a de novo trial of the facts when reviewing an agency action that seeks a sanction. This means that instead of deferring to an agency's factual findings, a reviewing court would independently re-examine and determine the facts of the case. This new requirement applies to agency actions, including those resulting from rulemaking or adjudication, thereby ensuring a more rigorous judicial scrutiny of factual determinations underlying agency-imposed penalties or enforcement actions.