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S. 1766

A bill to amend Section 706 to Title 5, United States Code, to strengthen the judicial review provisions of the Administrative Procedure Act by giving courts more authority to overturn unfair agency action.

Amends the Administrative Procedure Act to direct a court reviewing an agency action to: (1) set aside an agency rule the asserted or necessary factual basis of which is found to be without substantial support in the rulemaking file; (2) determine whether the action is within the scope of agency jurisdiction or authority on the basis of the language of the authorizing statute or, in the event of ambiguity, other ascertainable legislative intent; and (3) not accord any presumption in favor of or against agency action in determining any other questions of law.

Committee on Judiciary. Referred jointly to the Subcommittee on Administrative Practice and Procedure.

Sen. Bumpers, Dale [D-AR](D-AR)Sponsor
8 cosponsors3 D5 R
8cosponsors1committees4actions
  1. Committee

    Committee on Judiciary. Referred jointly to the Subcommittee on Administrative Practice and Procedure.

    Human Rights and the Law Subcommittee
  2. Committee

    Committee on Judiciary. Referred jointly to the Subcommittee on Courts.

    Human Rights and the Law Subcommittee
  3. IntroReferral

    Read twice and referred to the Committee on Judiciary.

    Judiciary Committee
  4. IntroReferral10000

    Introduced in Senate