Sec. 4. Scope of review

272 words·~1 min read·/bill/115/s/951/rs/section-4

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Section 706 of title 5, United States Code, is amended— in the first sentence of the matter preceding paragraph (1), by striking To the extent necessary and inserting

(a); and In general .—To the extent necessary in subsection (a), as so designated— in paragraph (1), by striking and at the end; in paragraph (2)— in the matter preceding subparagraph (A), by inserting , or, when appropriate, remand a matter to an agency without setting aside, after set aside ; and in subparagraph (F), by striking the period at the end and inserting ; and ; and by striking the flush text following paragraph (2)(F) and inserting the following: with respect to the review of a high-impact rule, as defined in section 551(16), determine whether the factual findings of the agency issuing the rule are supported by substantial evidence. In making a determination under subsection (a), the court shall review the whole record or those parts of it cited by a party, and due account shall be taken of the rule of prejudicial error. The determination of whether a rule is a major rule within the meaning of subparagraphs

(B)and

(C)of section 551(18) shall not be subject to judicial review. Agency guidance that does not interpret a statute or rule may be reviewed only under subsection (a)(2)(D). The weight that a reviewing court gives an interpretation by an agency of a rule of that agency shall depend on the thoroughness evident in the consideration of the rule by the agency, the validity of the reasoning of the agency, and the consistency of the interpretation with earlier and later pronouncements. .