118 S676 IS: Checks and Balances Act U.S. Senate 2023-03-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II118th CONGRESS1st SessionS. 676IN THE SENATE OF THE UNITED STATESMarch 7, 2023Mr. Sullivan (for himself, Mrs. Hyde-Smith, Mr. Daines, Mr. Braun, and Mr. Lankford) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsA BILLTo amend sections 801 and 804 of title 5, United States Code, to include guidance issued by non-agencies, and for other purposes.

1.

Short title

This Act may be cited as the Checks and Balances Act.

2.

Guidance issued by non-agencies

Section 801 of title 5, United States Code, is amended by adding at the end the following:(h)For purposes of Congressional review under this chapter—(1)guidance that directs the operations of a Federal agency and is issued by an entity with authority delegated by the President shall be considered a rule; and(2)the entity that issues the guidance is required to comply with this chapter in the same manner as a Federal agency..

3.

Definitions

Section 804 of title 5, United States Code, is amended—(1)by striking paragraph (1) and inserting the following:(1)The term Federal agency—(A)means any agency as that term is defined in section 551(1); and(B)includes a task force or similar entity composed of members of an agency.; and(2)by adding at the end the following: (4)The term guidance—(A)means an agency statement of general applicability (other than a rule that has the force and effect of law promulgated in accordance with the notice and comment procedures under section 553) that—(i)does not have the force and effect of law; and(ii)is designated by an agency official as setting forth—(I)a policy on a statutory, regulatory, personnel, or technical issue; or(II)an interpretation of a statutory or regulatory issue, including a personnel issue; and(B)may include—(i)a memorandum;(ii)a notice;(iii)a bulletin;(iv)a directive;(v)a letter;(vi)a no-action letter; (vii)any final agency action intended to impose restrictions on the management of Federal public land, including the withdrawal of Federal public land; and(viii)any combination of the items described in clauses (i) through (vii)..