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), which allows Congress to review and potentially overturn agency regulations. The rule in question was published on March 3, 2025, and the Government Accountability Office (GAO) determined it to be a rule under chapter 8 of title 5, United States Code.
Expected Effects
If the resolution passes both the Senate and the House and is enacted, the HHS rule regarding adherence to the APA would have no force or effect. This would mean that the HHS would not be bound by the specific policy outlined in the disapproved rule. The practical implications would depend on the specific content of the HHS rule and how it would have affected agency actions.
Potential Benefits
- Reinforces congressional oversight of agency rulemaking.
- Prevents potential overreach by the executive branch in interpreting the APA.
- Ensures agencies adhere to the intended procedures of the APA.
- Could lead to more transparent and accountable agency actions.
- May prevent unintended consequences of the HHS rule.
Potential Disadvantages
- Could create uncertainty regarding HHS's approach to the APA.
- May hinder HHS's ability to implement its policies effectively.
- Could lead to increased litigation if the HHS rule is overturned.
- May set a precedent for increased congressional intervention in agency rulemaking.
- Could disrupt ongoing HHS initiatives that rely on the disapproved rule.
Constitutional Alignment
The resolution aligns with Article I, Section 1 of the Constitution, which vests all legislative powers in Congress. The Congressional Review Act, under which this resolution is being considered, is an exercise of Congress's power to oversee and check the executive branch. The resolution does not appear to infringe on any specific constitutional rights or protections.
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).