It gets noisy in a hurry when industry, individuals, employers, employees suddenly realize, I have two or three bosses here all telling me to do different things.

How many non-for-profits are there out there in America?

Because there are guidance documents that are going out that are not coming through OIRA, do you have a concern that there may be some guidances being promulgated and put out there that are economically significant that might bypass the…

But then who is sorting out the conflicting guidances that may come out or the conflicting deadlines that may come out from multiple entities because they do not know someone else is doing this unless you flag them to it.

This is not a level playing field where an individual can just, as it has been argued: Well, it is not legally binding.

But that standard of evidence was not published before.

So that is not a concern to you that that would come out?

If a guidance is promulgated by any entity and, fairly quickly, industry, businesses, whoever it may be, States--contacts you and say, this has above $100 million of cost, and they can show you pretty quickly how and why, is there a…

There is a Heitkamp-Lankford bill that would help with that, that is already sitting out there, by the way, that our Committee has passed and you have supported.

I am going to open up the microphone just for an open conversation here.

OK, can I jump in here as well, just based on what you were saying on that, because what Senator Heitkamp is saying is the crux of the issue.

These smell like regulations and it certainly looks like they ended up acting like regulations.

But any options still violates, because it makes the statement very clearly, local decisionmakers set this. There is not a Federal guideline for it.

That public consternation that came back at the agency and entities obviously floods into our office when they raise the question, what is the Federal Government doing to us rather than for us?

What is the standard of what the agency should send to you for review?

I currently have two lawsuits against my university right now because we chose to use preponderance of evidence instead of clear and convincing.

But you are looking for overlap as well, and what I am trying to figure out is--I would assume you are trying to get as many significant guidance documents as possible.

So at this point your statement would be it does not have the force of law, but it is your understanding.