PRIA Logo™
119-hr-9653119th Congress

Limiting Excessive Government Obstruction Act

Sponsored By: Representative Knott, Brad [R-NC-13]

Introduced

Summary

This bill would create a two-track process for certain federal agency adjudications that centers on an early-demurrer pathway allowing targets to force dismissal and push agencies into short court cases. It redraws how many agency enforcement fights move from administrative judges into federal courts and guarantees a jury right in those suits.

Show full summary
  • Parties targeted by an agency adjudication would be able to file a demurrer with the adjudicator. If they do, the adjudicator must issue a final dismissal with prejudice and the agency then has up to 90 days to bring a civil action in the district where the alleged violation occurred. Defendants in that civil action would be entitled to a jury trial and could argue the agency rule was reasonable under the circumstances.
  • Federal agencies would face a tight timeline to convert dismissed adjudications into lawsuits. No civil action may be started after the 90-day window, which narrows agencies' enforcement timeline.
  • Individuals who are subject to immigration law, national security, the Internal Revenue Code, bankruptcy, patent law, or who rely on federal benefits like retirement, health, housing, food assistance, unemployment, or student aid are excluded from this new process and stay under current rules.

It would shift many agency enforcement disputes toward short, jury-capable court cases while expressly narrowing the reach of these procedural changes.

Personalized for You

How does this bill affect your finances?

Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.

Free to download

Bill Overview

Analyzed Economic Effects

1 provisions identified: 1 benefits, 0 costs, 0 mixed.

More legal protections in agency cases

This bill would let a party facing an agency adjudication file a demurrer with the adjudicator. If a demurrer is filed, the adjudicator would have to dismiss the case with prejudice as to that party. After that dismissal, the agency would have 90 days to sue in federal district court where the alleged violation occurred. A defendant in that later federal suit would be entitled to a jury trial and could raise a defense that the alleged violation was reasonable under the circumstances. The new rules would not apply to immigration laws, national security, the Internal Revenue Code, bankruptcy, patent cases, or many defined federal benefits such as retirement, health, housing, food assistance, or unemployment. The bill would also add the terms "party" and "adjudication" to the definitions in 5 U.S.C. 701(b)(2).

Sponsors & CoSponsors

Sponsor

Knott, Brad [R-NC-13]

NC • R

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

View on Congress.gov
Back to Legislation