Bill Summary
The legislation, identified as S.J. Res. 82, is a joint resolution passed by both the Senate and the House of Representatives to formally disapprove a rule issued by the Office of the Secretary of the Department of Health and Human Services (HHS). This rule 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 letter from the Government Accountability Office (GAO) dated August 27, 2025, which classified the policy statement as a "rule" under chapter 8 of title 5 of the United States Code, indicating that it is subject to congressional review and disapproval. By enacting this legislation, Congress asserts that the specified rule will have no legal effect, effectively nullifying it. This action reflects Congress's authority to oversee and potentially reject executive branch regulations that they believe may overstep or contradict statutory provisions.
Possible Impacts
The legislation described in the joint resolution appears to involve congressional disapproval of a specific rule related to the Administrative Procedure Act (APA) as implemented by the Department of Health and Human Services (HHS). Here are three examples of how this resolution could affect people:
1. **Impact on Regulatory Oversight**: By disapproving the rule related to adherence to the APA, the resolution could hinder the ability of HHS to implement regulations that are designed to ensure transparency and public participation in the rulemaking process. This could lead to less input from stakeholders, including healthcare providers and patients, which may affect the quality and effectiveness of health policies.
2. **Public Health Consequences**: If the disapproved rule was intended to streamline processes for implementing health-related regulations (e.g., new public health initiatives or guidelines), the congressional disapproval may delay or complicate these efforts. This could potentially impact public health outcomes, particularly in times of crisis, such as during a pandemic, where timely guidance and regulations are crucial.
3. **Legal and Administrative Uncertainty**: The disapproval of the rule may create confusion regarding existing health regulations and policies. Individuals and organizations affected by health regulations might face uncertainty about compliance requirements, leading to potential legal challenges or inconsistencies in the application of health policies. This uncertainty could particularly affect healthcare providers, insurance companies, and patients seeking clarity on their rights and responsibilities under federal health regulations.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 82 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 203
119th CONGRESS
1st Session
S. J. RES. 82
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 SENATE OF THE UNITED STATES
September 18 (legislative day, September 16), 2025
Mr. King (for himself, Mr. Wyden, Ms. Alsobrooks, Mr. Blumenthal, Ms.
Blunt Rochester, Mr. Booker, Ms. Cortez Masto, Ms. Duckworth, Mr.
Durbin, Mr. Gallego, Mrs. Gillibrand, Mr. Heinrich, Ms. Hirono, Ms.
Klobuchar, Mr. Lujan, Mr. Markey, Mr. Merkley, Mrs. Murray, Mr. Murphy,
Mr. Reed, Ms. Rosen, Mr. Schatz, Mr. Schiff, Mrs. Shaheen, Ms. Smith,
Mr. Van Hollen, Mr. Warner, Ms. Warren, Mr. Welch, Mr. Whitehouse, Ms.
Baldwin, Mr. Schumer, Mr. Padilla, Mr. Peters, Mr. Kaine, and Mr.
Hickenlooper) introduced the following joint resolution; which was read
twice and referred to the Committee on Health, Education, Labor, and
Pensions
October 22 (legislative day, October 21), 2025
Committee discharged by petition, pursuant to 5 U.S.C. 802(c), and
placed on the calendar
_______________________________________________________________________
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.
Calendar No. 203
119th CONGRESS
1st Session
S. J. RES. 82
_______________________________________________________________________
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''.
_______________________________________________________________________
October 22 (legislative day, October 21), 2025
Committee discharged by petition, pursuant to 5 U.S.C. 802(c), and
placed on the calendar