Bill Summary
This legislation is a joint resolution through which Congress expresses disapproval of a specific rule established by the Office of the Secretary of the Department of Health and Human Services (HHS). The rule in question pertains to the "Policy on Adhering to the Text of the Administrative Procedure Act" and was published on March 3, 2025.
The resolution cites a determination from the Government Accountability Office (GAO), dated August 27, 2025, which concluded that this policy statement qualifies as a "rule" under Chapter 8 of Title 5 of the United States Code. By passing this resolution, Congress effectively nullifies the HHS rule, stating that it will have no legal force or effect moving forward. This action underscores Congress's authority to disapprove certain administrative actions taken by federal agencies.
Possible Impacts
The legislation outlined in the joint resolution aims to disapprove a specific rule related to the adherence to the Administrative Procedure Act (APA) by the Department of Health and Human Services (HHS). Here are three examples of how this legislation could affect people:
1. **Impact on Public Health Regulations**: If the disapproved policy was intended to streamline the rulemaking process for health-related regulations, its rejection may slow down the implementation of necessary public health measures. This could delay responses to health crises or the introduction of new health standards, potentially affecting public safety and health outcomes.
2. **Administrative Burden on HHS**: The disapproval of the HHS policy could create additional administrative burdens. The agency might need to revert to more cumbersome rulemaking processes, leading to increased time and resources spent on compliance with the APA. This could divert attention from other critical activities, impacting the overall effectiveness of health services.
3. **Legal Uncertainty for Stakeholders**: The resolution may create legal uncertainty for stakeholders, such as healthcare providers, patients, and pharmaceutical companies, who rely on clear rules and regulations. With the voiding of the disapproved rule, stakeholders may face confusion regarding compliance requirements, which could lead to inconsistent practices and potentially impact patient care or the availability of healthcare services.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 125 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. J. RES. 125
Providing for congressional disapproval under chapter 8 of title 5,
United States Code, of the rule submitted by the Office of the
Secretary of the Department of Health and Human Services relating to
``Policy on Adhering to the Text of the Administrative Procedure Act''.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 18, 2025
Mrs. Fletcher submitted the following joint resolution; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
JOINT RESOLUTION
Providing for congressional disapproval under chapter 8 of title 5,
United States Code, of the rule submitted by the Office of the
Secretary of the Department of Health and Human Services relating to
``Policy on Adhering to the Text of the Administrative Procedure Act''.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That Congress disapproves the
rule submitted by the Office of the Secretary of the Department of
Health and Human Services relating to ``Policy on Adhering to the Text
of the Administrative Procedure Act'' (published on March 3, 2025, and
a letter of opinion from the Government Accountability Office dated
August 27, 2025, printed in the Congressional Record on September 3,
2025, on pages S6003-S6005, concluding that such Policy Statement is a
rule under chapter 8 of title 5, United States Code), and such rule
shall have no force or effect.
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