under section 553(c), the matters to be considered and 
determinations to be made shall include, among other rel-
evant matters and determinations, the matters and deter-
minations described in subsections (b) and (f) of section 
553. 
‘‘(g) Upon receipt of a petition for a hearing under 
this section, the agency shall grant the petition in the case 
of any major rule, unless the agency reasonably deter-
mines that a hearing would not advance consideration of 
the rule or would, in light of the need for agency action, 
unreasonably delay completion of the rule making. The 
agency shall publish its decision to grant or deny the peti-
tion when it renders the decision, including an explanation 
of the grounds for decision. The information contained in 
the petition shall in all cases be included in the adminis-
trative record. This subsection shall not apply to rule mak-
ings that concern monetary policy proposed or imple-
mented by the Board of Governors of the Federal Reserve 
System or the Federal Open Market Committee.’’. 
SEC. 6. ACTIONS REVIEWABLE. 
Section 704 of title 5, United States Code, is amend-
ed— 
(1) by striking ‘‘Agency action made’’ and in-
serting ‘‘(a) Agency action made’’; and 
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(2) by adding at the end the following: ‘‘Denial 
by an agency of a correction request or, where ad-
ministrative appeal is provided for, denial of an ap-
peal, under an administrative mechanism described 
in subsection (b)(2)(B) of the Information Quality 
Act, or the failure of an agency within 90 days to 
grant or deny such request or appeal, shall be final 
action for purposes of this section. 
‘‘(b) Other than in cases involving interests of na-
tional security, notwithstanding subsection (a) of this sec-
tion, upon the agency’s publication of an interim rule with-
out compliance with section 553(c), (d), or (e) or require-
ments to render final determinations under subsection (f) 
of section 553, an interested party may seek immediate 
judicial review under this chapter of the agency’s deter-
mination to adopt such rule on an interim basis. Review 
shall be limited to whether the agency abused its discre-
tion to adopt the interim rule without compliance with sec-
tion 553(c), (d), or (e) or without rendering final deter-
minations under subsection (f) of section 553.’’. 
SEC. 7. SCOPE OF REVIEW. 
Section 706 of title 5, United States Code is amend-
ed— 
(1) by striking ‘‘To the extent necessary’’ and 
inserting ‘‘(a) To the extent necessary’’; 
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(2) in paragraph (2)(A) of subsection (a) (as 
designated by paragraph (1) of this section), by in-
serting after ‘‘in accordance with law’’ the following: 
‘‘(including the Information Quality Act)’’; and 
(3) by adding at the end the following: 
‘‘(b) The court shall not defer to the agency’s— 
‘‘(1) interpretation of an agency rule if the 
agency did not comply with the procedures of section 
553 or sections 556–557 of chapter 5 of this title to 
issue the interpretation; 
‘‘(2) determination of the costs and benefits or 
other economic or risk assessment of the action, if 
the agency failed to conform to guidelines on such 
determinations and assessments established by the 
Administrator of the Office of Information and Reg-
ulatory Affairs under section 553(k); 
‘‘(3) determinations made in the adoption of an 
interim rule; or 
‘‘(4) guidance. 
‘‘(c) The court shall review agency denials of petitions 
under section 553(e)(6) or any other petition for a hearing 
under sections 556 and 557 for abuse of agency discre-
tion.’’. 
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SEC. 8. ADDED DEFINITION. 
Section 701(b) of title 5, United States Code, is 
amended— 
(1) in paragraph (1), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (2), by striking the period at 
the end, and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(3) ‘substantial evidence’ means such relevant 
evidence as a reasonable mind might accept as ade-
quate to support a conclusion in light of the record 
considered as a whole, taking into account whatever 
in the record fairly detracts from the weight of the 
evidence relied upon by the agency to support its de-
cision.’’. 
SEC. 9. EFFECTIVE DATE. 
The amendments made by this Act to— 
(1) sections 553, 556, and 704 of title 5, 
United States Code; 
(2) subsection (b) of section 701 of such title; 
(3) paragraphs (2) and (3) of section 706(b) of 
such title; and 
(4) subsection (c) of section 706 of such title, 
shall not apply to any rule makings pending or completed 
on the date of enactment of this Act. 
Æ 
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