Checks and Balances Act

Subjects: Government Operations and Politics


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 676 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                 S. 676

   To amend sections 801 and 804 of title 5, United States Code, to 
    include guidance issued by non-agencies, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 7, 2023

Mr. 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 Affairs

_______________________________________________________________________

                                 A BILL


 
   To amend sections 801 and 804 of title 5, United States Code, to 
    include guidance issued by non-agencies, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

SEC. 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.''.

SEC. 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).''.
                                 &lt;all&gt;
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