Sec. 311. Scope of review

273 words·~1 min read·/bill/116/s/5070/is/section-311

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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); In general .—To the extent necessary in subsection (a), as so designated, by inserting after the first sentence the following: If a statute that an agency administers is silent or ambiguous, and an agency has followed the procedures in section 553 or 554 of this title, as applicable, a reviewing court shall defer to the agency’s reasonable or permissible interpretation of that statute. ; by striking In making the foregoing determinations and inserting the following: In making the determinations under subsection

(a); in subsection (b), as so designated, by inserting except any part of the record that the agency excluded from consideration pursuant to section 553(h)(1) of this title, after party, ; and by adding at the end the following: For purposes of subsection (a)(1), unreasonable delay shall include— when an agency has not issued a notice of proposed rulemaking within 1 year of the date of enactment of the legislation mandating the rulemaking, where no deadline for the rulemaking was specified in the enacted law; when an agency has not issued a final version of a proposed rule within 1 year of date on which the proposed rule was published in the Federal Register; and when an agency has not implemented a final rule within 1 year of the implementation date published in the Federal Register or, if no implementation date was provided, within 1 year of the date on which the final rule was published in the Federal Register. .