A 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".
- Bill Number
- S.J.Res. 82
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Government Operations and Politics
- Status
- Failed Senate
- Latest Action
- 2025-12-18: Failed of passage in Senate by Yea-Nay Vote. 50 - 50. Record Vote Number: 654.
- Last Updated
- 2026-04-17T14:32:54Z
AI-Generated Summary
Purpose of the Legislation
This joint resolution (S.J. Res. 82) aims to disapprove a specific policy statement issued by the Office of the Secretary of the Department of Health and Human Services (HHS). It uses the Congressional Review Act (a law allowing Congress to review and overturn certain federal agency rules) to nullify the policy, ensuring it has no legal effect. The policy in question is titled "Policy on Adhering to the Text of the Administrative Procedure Act" and was published on March 3, 2025.
Key Provisions
- Disapproval Statement: The resolution explicitly states that Congress disapproves the HHS policy, classifying it as a "rule" under federal law (chapter 8 of title 5, U.S. Code).
- Nullification: The policy is declared to have "no force or effect," preventing its implementation.
- Supporting Reference: It cites a Government Accountability Office (GAO) opinion from August 27, 2025 (printed in the Congressional Record on September 3, 2025), which confirmed the policy qualifies as a reviewable rule.
- Procedural Path: Introduced on September 18, 2025, by Senator King and numerous co-sponsors (primarily Democrats); read twice, referred to the Committee on Health, Education, Labor, and Pensions; committee discharged by petition under 5 U.S.C. 802(c) on October 22, 2025, and placed on the Senate calendar.
Significant Changes to Existing Law
- This resolution does not amend existing laws but invokes the Congressional Review Act to override an agency policy. It effectively reverses the HHS policy without altering the underlying Administrative Procedure Act (APA), which governs how federal agencies create and enforce rules (e.g., requiring public notice and comment periods for regulations).
- By nullifying the policy, it prevents any HHS interpretation or guidance on strictly following the APA's text from taking effect, potentially restoring prior agency practices.
Potential Impacts
- On Government Agencies: Primarily affects HHS by blocking the policy, which could influence how the department develops and enforces health-related regulations (e.g., on Medicare, public health, or patient rights). Other federal agencies might indirectly benefit or face uncertainty if similar APA adherence policies emerge.
- On Citizens: Limited direct impact on individuals, but could affect access to HHS programs or regulatory protections if the policy aimed to tighten rulemaking processes. For example, it might preserve flexibility in HHS decisions on issues like drug approvals or healthcare coverage.
- On International Relations: No direct effects, as the policy focuses on domestic administrative procedures.
Main Stakeholders Affected
- Congress: Gains authority to check executive branch actions through this disapproval mechanism.
- Department of Health and Human Services (HHS): Directly targeted; the Office of the Secretary loses the ability to enforce the policy, potentially altering internal operations.
- Federal Regulators and Advocacy Groups: Entities involved in health policy (e.g., patient advocates, pharmaceutical companies, or public health organizations) may be impacted if the policy influenced regulatory transparency or speed.
- Co-Sponsors and Political Parties: Introduced by 38 senators (mostly Democrats), highlighting partisan divisions over executive rulemaking.
Notable Legal, Constitutional, or Political Implications
- Legal: Reinforces the Congressional Review Act as a tool for Congress to review agency actions, including "policy statements" deemed rules by the GAO. It upholds separation of powers by allowing legislative oversight of executive interpretations of laws like the APA.
- Constitutional: Aligns with Congress's constitutional role in lawmaking but raises questions about the scope of agency discretion under the executive branch.
- Political: Demonstrates partisan use of the review process (e.g., Democratic-led disapproval in a potentially divided Congress), potentially setting precedents for future disputes over administrative rules in health policy. No broader constitutional challenges are evident in the text.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Sen. King, Angus S., Jr. [I-ME]
Cosponsors (37)
Sen. Wyden, Ron [D-OR], Sen. Alsobrooks, Angela D. [D-MD], Sen. Blumenthal, Richard [D-CT], Sen. Blunt Rochester, Lisa [D-DE], Sen. Booker, Cory A. [D-NJ], Sen. Cortez Masto, Catherine [D-NV], Sen. Duckworth, Tammy [D-IL], Sen. Durbin, Richard J. [D-IL], Sen. Gallego, Ruben [D-AZ], Sen. Gillibrand, Kirsten E. [D-NY], Sen. Heinrich, Martin [D-NM], Sen. Hirono, Mazie K. [D-HI], Sen. Klobuchar, Amy [D-MN], Sen. Luján, Ben Ray [D-NM], Sen. Markey, Edward J. [D-MA], Sen. Merkley, Jeff [D-OR], Sen. Murray, Patty [D-WA], Sen. Murphy, Christopher [D-CT], Sen. Reed, Jack [D-RI], Sen. Rosen, Jacky [D-NV], Sen. Schatz, Brian [D-HI], Sen. Schiff, Adam B. [D-CA], Sen. Shaheen, Jeanne [D-NH], Sen. Smith, Tina [D-MN], Sen. Van Hollen, Chris [D-MD], Sen. Warner, Mark R. [D-VA], Sen. Warren, Elizabeth [D-MA], Sen. Welch, Peter [D-VT], Sen. Whitehouse, Sheldon [D-RI], Sen. Baldwin, Tammy [D-WI], Sen. Schumer, Charles E. [D-NY], Sen. Padilla, Alex [D-CA], Sen. Peters, Gary C. [D-MI], Sen. Kaine, Tim [D-VA], Sen. Hickenlooper, John W. [D-CO], Sen. Bennet, Michael F. [D-CO], Sen. Coons, Christopher A. [D-DE]
Recent Actions
- 2025-12-18: Failed of passage in Senate by Yea-Nay Vote. 50 - 50. Record Vote Number: 654. (Roll call 654)
- 2025-12-18: Failed of passage/not agreed to in Senate: Failed of passage in Senate by Yea-Nay Vote. 50 - 50. Record Vote Number: 654. (Roll call 654)
- 2025-12-18: Considered by Senate. (consideration: CR S8888)
- 2025-12-10: Measure laid before Senate by motion. (consideration: CR S8591-8593)
- 2025-12-10: Motion to proceed to consideration of measure agreed to in Senate by Yea-Nay Vote. 50 - 49. Record Vote Number: 641. (CR S8591) (Roll call 641)
- 2025-10-22: Placed on Senate Legislative Calendar under General Orders. Calendar No. 203.
- 2025-10-22: Senate Committee on Health, Education, Labor, and Pensions discharged by petition pursuant to 5 U.S.C. 802(c).
- 2025-10-22: Senate Committee on Health, Education, Labor, and Pensions discharged by petition pursuant to 5 U.S.C. 802(c).
- 2025-09-18: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
- 2025-09-18: Introduced in Senate
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)
- 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 2025-10-22 — PDF (4 pages)