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.
- Bill Number
- H.R. 9278
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Government Operations and Politics
- Status
- Introduced
- Latest Action
- 2026-06-11: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-06-23T02:18:28Z
AI-Generated Summary
Purpose The legislation amends federal law to require courts to conduct an independent (de novo) review of the facts in cases where a federal agency action seeks to impose a sanction, rather than relying on the agency's own factual determinations.
Key Provisions
- Amends Section 706 of title 5, United States Code (the scope of judicial review under the Administrative Procedure Act).
- Adds "and questions of fact" to the list of issues a reviewing court must decide.
- Revises subparagraph (F) to require the court to consider the full record, including the results of any rulemaking or adjudication conducted under the notice-and-comment procedures of section 553 or the formal hearing procedures of section 554.
Significant Changes to Existing Law
- Current law generally directs courts to review agency factual findings under deferential standards such as "arbitrary and capricious" or "substantial evidence."
- This bill changes the review standard for sanction cases by explicitly directing courts to decide questions of fact on their own, without deference to the agency.
- Expands the materials a court must examine to include both formal and informal agency proceedings.
Potential Impacts
- Government agencies: Agencies that impose sanctions (such as fines, license revocations, or other penalties) may face greater difficulty in defending their factual findings, as courts will re-examine the evidence independently.
- Citizens and regulated entities: Individuals or businesses facing agency sanctions gain a stronger opportunity to challenge the agency's version of the facts in court.
- Courts: Federal courts may need to hold more trials or evidentiary hearings to resolve factual disputes, increasing judicial workload.
- No direct effects on international relations are indicated in the bill.
Main Stakeholders Affected
- Federal administrative agencies that issue sanctions.
- Private parties (individuals, companies, and organizations) subject to agency enforcement actions.
- The federal judiciary, which will apply the new review standard.
Notable Legal, Constitutional, or Political Implications
- Strengthens judicial oversight of agency decision-making by reducing deference on factual questions in sanction cases.
- Raises questions about the separation of powers between the executive branch (agencies) and the judicial branch.
- Could lead to more litigation and longer resolution times for enforcement matters.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Hageman, Harriet M. [R-WY-At Large]
Recent Actions
- 2026-06-11: Referred to the House Committee on the Judiciary.
- 2026-06-11: Introduced in House
- 2026-06-11: Introduced in House
Bill Versions
- 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. — issued 2026-06-11 — PDF (2 pages)