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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.
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.
Summary
- Amends the Administrative Procedure Act to require courts to conduct de novo review of factual findings when reviewing agency actions that impose sanctions.
- Expands judicial review standards to include independent review of facts (not just legal questions) when an agency seeks to impose a sanction on a party.
- Applies the de novo standard to facts developed through agency rulemaking or adjudication proceedings.
- Changes the scope of judicial deference regarding factual findings in agency sanction cases, requiring courts to make independent determinations rather than deferring to agency conclusions.
AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.
Sponsor (1)
Actions (2)
- Jun 11, 2026 Referred to the House Committee on the Judiciary. · house
- Jun 11, 2026 Introduced in House
Similar bills (6)
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Full text
IN THE HOUSE OF REPRESENTATIVES
June 11, 2026
Ms. Hageman introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
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.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. DE NOVO TRIAL OF FACTS WHEN AGENCY ACTION SEEKS A SANCTION.
Section 706 of title 5, United States Code, is amended—
(1) in the matter preceding paragraph (1), by inserting after “questions of law” the following “and questions of fact”; and
(2) in subparagraph (F), by striking “to the extent” and all that follows through “by the reviewing court” and inserting the following: “, including the product of any rulemaking or adjudication conducted in accordance with the procedures required under section 553 or section 554”. <all>
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