On the recordJuly 17, 1995
The question has arisen as to the language ``failure to comply'' and how that might relate to some other section. I share the concern of the Senator from Louisiana and bemusement really as to why our friends refuse to read the rest of that sentence. Instead of reading the rest of the sentence in which that phrase is contained, other sections are referred to. Is it not true that it is ``failure to comply with this subsection may be considered by the Court solely for the purpose of determining whether or not the final agency action is arbitrary and capricious,'' et cetera?
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