Scope of review

Section 706 of title 5, United States Code, is amended— (1) in the first sentence of the matter preceding paragraph (1), by striking To the extent necessary and inserting the following: (a) In general To the extent necessary; and (2) in subsection (a), as so designated— (A) in paragraph (1), by striking and at the end; (B) 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 (C) by striking the flush text following paragraph (2)(F) and inserting the following: (b) Review of entire record; prejudicial error In making a determination under subsection (a), the court shall review the whole record or those parts of the record cited by a party, and due account shall be taken of the rule of prejudicial error. (c) Preclusion of review (1) In general Any action or inaction of the Administrator under subchapter II of chapter 5, except sections 552 and 552a, shall not be subject to judicial review. (2) Rule of construction The preclusion of judicial review under this subsection shall not be construed or used to construe any other provision of law to provide any cause of action against the Administrator, except as explicitly provided by law. (d) Review of certain guidance Agency guidance that does not interpret a statute or rule may be reviewed only under subsection (a)(2)(D). (e) Agency interpretation of rules (1) Standard of review Unless expressly required otherwise by statute, the reviewing court shall decide all questions of law de novo, with due regard for the views of the agency administering the statute and any other agency involved in the decision making process. (2) Weight 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..