,,ii  #aagth ,,congress  #b;d ,session  
,s4 #ddbg  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,june #af1     
#bjbb,mr4 ,sullivan 7for himself1 ,mr4  
,marshall1 ,mrs4 ,hyde-,smith1 ,mr4     
,braun1 and ,mr4 ,daines7 introduced the
 following bill2 which was read twice   
and referred to the ,committee on       
,homeland ,security and ,governmental   
,affairs  ,a ,,bill  ,to amend sections 
#hja and #hjd of title #e1 ,united      
,states ,code1 to include guidance      
issued by non-agencies1 and for other   
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,checks and         
,balances ,act4  #b4 ,guidance issued by
 non-agencies ,section #hja of title #e1
 ,united ,states ,code1 is amended by   
adding at the end the following3  7h7   
,for purposes of ,congressional review  
under this chapter-- 7#a7 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 rule2 and  7#b7   

the entity that issues the guidance is  
required to comply with this chapter in 
the same manner as a ,federal agency4  4
  #c4 ,definitions ,section #hjd of     
title #e1 ,united ,states ,code1 is     
amended-- 7#a7 by striking paragraph    
7#a7 and inserting3  7#a7 ,the term     
,federal agency-- 7,a7 means any agency 
as that term is defined in section      
#eea7a72 and  7,b7 includes a task force
 or similar entity composed of members  
of an agency4  2 and  7#b7 by adding at 
the end the following3  7#d7 ,the term  
guidance-- 7,a7 means an agency         
statement of general applicability      
7other than a rule that has the force   
and effect of law promulgated in        
accordance with the notice and comment  
procedures under section #eec7 that--   
7i7 does not have the force and effect  
of law2 and  7ii7 is designated by an   
agency official as setting forth-- 7,i7 
a policy on a statutory1 regulatory1    
personnel1 or technical issue2 or       
7,,ii7 an interpretation of a statutory 

or regulatory issue1 including a        
personnel issue2 and  7,b7 may include--
 7i7 a memorandum2  7ii7 a notice2      
7iii7 a bulletin2  7iv7 a directive2    
7v7 a letter2  7vi7 a no-action letter2 
and  7vii7 any combination of the items 
described in clauses 7i7 through 7vi74  
4