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".
- Bill Number
- H.J.Res. 125
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Government Operations and Politics
- Status
- Introduced
- Latest Action
- 2025-09-18: Referred to the House Committee on the Judiciary.
- Last Updated
- 2025-12-12T21:00:05Z
AI-Generated Summary
Purpose
This joint resolution (H.J. Res. 125) aims to disapprove and nullify a specific policy statement issued by the Office of the Secretary of the Department of Health and Human Services (HHS). The policy, titled "Policy on Adhering to the Text of the Administrative Procedure Act," is treated as a formal "rule" under the Congressional Review Act (CRA), a law that allows Congress to review and overturn certain agency actions. By disapproving it, the resolution prevents the policy from taking effect or having any legal force.
Key Provisions
- Disapproval of the Rule: Congress explicitly disapproves the HHS policy statement, published on March 3, 2025.
- Reference to Supporting Opinion: The resolution cites a Government Accountability Office (GAO) opinion dated August 27, 2025 (printed in the Congressional Record on September 3, 2025), which concludes that the policy qualifies as a "rule" subject to review under Chapter 8 of Title 5 of the U.S. Code (the CRA).
- Nullification: If enacted, the policy "shall have no force or effect," meaning it cannot be implemented or enforced by HHS.
Significant Changes to Existing Law
- This resolution does not amend existing laws but invokes the CRA to override an executive branch action. The CRA itself (enacted in 1996) provides a mechanism for Congress to disapprove agency rules within a set timeframe, effectively changing the status of the HHS policy from active to void.
- It reinforces Congress's oversight role over agency interpretations of the Administrative Procedure Act (APA), a foundational 1946 law that governs how federal agencies create and enforce regulations (e.g., requiring public notice and comment periods for new rules).
Potential Impacts
- On Government Agencies: HHS would be barred from enforcing or relying on this policy, potentially disrupting internal guidance on how the agency interprets and applies the APA in rulemaking processes. This could lead to broader uncertainty in health-related regulations.
- On Citizens: Individuals and organizations affected by HHS rules (e.g., in healthcare, Medicare, or public health) might experience delays or changes in regulatory enforcement, depending on how the policy was intended to alter APA adherence.
- On International Relations: Minimal direct impact, as this focuses on domestic administrative procedures rather than foreign policy or treaties.
Main Stakeholders Affected
- Congress: Gains direct authority to block the HHS policy, highlighting its role in checking executive actions.
- Department of Health and Human Services (HHS): The primary target, as its Office of the Secretary loses the ability to implement the policy, affecting agency operations.
- Federal Agencies and Regulators: Other agencies may face indirect effects if the policy influenced broader interpretations of the APA across government.
- Public and Advocacy Groups: Healthcare providers, patients, and policy advocates involved in HHS rulemaking could see shifts in how regulations are developed and challenged.
- Government Accountability Office (GAO): Its opinion supports the resolution, underscoring its role in advising on what constitutes a reviewable "rule."
Notable Legal, Constitutional, or Political Implications
- Legal Implications: Strengthens the CRA as a tool for congressional intervention in agency actions, potentially setting a precedent for challenging policy statements that resemble rules. It upholds the APA's core principles by preventing deviations in how agencies must follow its "text" (exact wording and requirements).
- Constitutional Implications: Reinforces the separation of powers by allowing the legislative branch (Congress) to override an executive branch (HHS) action, aligning with Article I of the U.S. Constitution, which grants Congress lawmaking authority.
- Political Implications: As introduced in the 119th Congress (1st Session) on September 18, 2025, by Rep. Fletcher and referred to the House Judiciary Committee, it reflects partisan or oversight dynamics in regulating executive policies, especially those related to administrative law during a period of potential shifts in federal governance. If passed and signed (or overridden via veto), it could signal broader congressional pushback against agency interpretations of longstanding laws like the APA.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Fletcher, Lizzie [D-TX-7]
Recent Actions
- 2025-09-18: Referred to the House Committee on the Judiciary.
- 2025-09-18: Introduced in House
- 2025-09-18: Introduced in House
Bill Versions
- 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". — issued 2025-09-18 — PDF (2 pages)