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Makes targeted edits to the Administrative Procedure Act’s judicial-review provision by relabeling and rewriting parts of 5 U.S.C. §706. The bill inserts a new subsection label for existing text and replaces the current text of subsections (b) and (c) with new language shown in the amendment. The change is structural and textual: it does not appropriate funds or create new programs, but it alters the statutory text that courts use when reviewing federal agency actions. The practical effect depends on the specific replacement language for the rewritten subsections and how courts interpret and apply those new words.
Amend Section 706 of Title 5, U.S. Code by striking the phrase "To the extent necessary" and inserting "(a) To the extent necessary".
In subsection (a), as so designated: (A) by striking ; (B) by inserting after the following ; and — (the text in the source shows these edit instructions exactly as written).
By striking and inserting the following for subsection (b): "(b) The reviewing court shall—; and" (the source provides this replacement text exactly).
By striking and inserting the following for subsection (c): "(c) In making the foregoing determinations." (the source provides this replacement text exactly).
Who is affected and how:
Overall impact: The amendment is limited to statutory text changes; it does not create a new program or allocate funds. The substantive reach—narrow or broad—turns on the content of the new subsections (b) and (c) and on how courts interpret those changes. Short-term fiscal impacts are likely minimal; legal and procedural impacts on litigation and administrative practice could be significant if the new wording alters review standards.
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Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Introduced January 8, 2025 by Eric Stephen Schmitt · Last progress January 8, 2025
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Introduced in Senate