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.
Summary
This joint resolution aims to disapprove a rule submitted by the Office of the Secretary of the Department of Health and Human Services (HHS) concerning adherence to the text of the Administrative Procedure Act (APA). The resolution utilizes the Congressional Review Act (CRA), chapter 8 of title 5, United States Code, to nullify the HHS rule. The rule in question was published on March 3, 2025, and the Government Accountability Office (GAO) determined it to be a rule under the CRA.
Expected Effects
If passed, the resolution would prevent the HHS rule from taking effect. This would mean that the HHS would not be bound by the specific policy on adhering to the text of the APA as outlined in the disapproved rule. The practical implications depend on the specific content of the HHS rule and how it would have affected agency actions.
Potential Benefits
- Reinforces congressional oversight of executive agency rulemaking.
- Potentially prevents the implementation of a rule that Congress deems inconsistent with the APA.
- Upholds the principle of checks and balances between the legislative and executive branches.
- Could lead to a more transparent and accountable rulemaking process.
- May prevent unintended consequences of the HHS rule if Congress believes it is flawed.
Potential Disadvantages
- Could disrupt HHS operations if the rule was intended to streamline or improve processes.
- May create uncertainty regarding the agency's policies and procedures.
- Potentially politicizes the rulemaking process, leading to gridlock and inefficiency.
- Could undermine the expertise of HHS in interpreting and applying the APA.
- May set a precedent for increased congressional intervention in agency rulemaking.
Constitutional Alignment
This resolution aligns with Article I, Section 1 of the U.S. Constitution, which vests all legislative powers in Congress. The Congressional Review Act, under which this resolution is brought, is an exercise of Congress's power to oversee and disapprove of executive agency actions. The resolution also reflects the principle of checks and balances, ensuring that no single branch of government becomes too powerful.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).