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SJRES 82119th CongressIntroduced

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".

Introduced: Sep 18, 2025
Sponsor: Sen. King, Angus S., Jr. [I-ME] (I-Maine)
Healthcare
Standard Summary
Comprehensive overview in 1-2 paragraphs

This measure is a joint resolution that would use the Congressional Review Act (CRA) to disapprove a specific rule issued by the Department of Health and Human Services (HHS). The rule in question is titled “Policy on Adhering to the Text of the Administrative Procedure Act.” The resolution states Congress disapproves of the rule, and, if enacted, the rule would have no force or effect. The supporting material notes a Government Accountability Office (GAO) opinion dated August 27, 2025, indicating that the policy statement is a “rule” subject to CRA, with the relevant references printed in the Congressional Record. In short, the bill aims to nullify HHS’s policy on how agencies should interpret and apply the Administrative Procedure Act (APA). The measure was introduced in the Senate by Sen. King and a broad group of cosponsors and referred to the Senate Committee on Health, Education, Labor, and Pensions. As a joint resolution, it would need to pass both chambers and be signed by the President (or overcome a veto) to become law and block the rule from taking effect.

Key Points

  • 1Provides for congressional disapproval under the Congressional Review Act (chapter 8 of title 5, U.S.C.) of a specific HHS rule.
  • 2Targets the HHS policy titled “Policy on Adhering to the Text of the Administrative Procedure Act,” which was published March 3, 2025, and is supported by a GAO opinion concluding it is a rule subject to CRA.
  • 3If enacted, the rule “shall have no force or effect,” meaning HHS could not implement or rely on that policy.
  • 4The bill uses a joint resolution mechanism typical of CRA disapprovals, requiring passage by both chambers and signature by the President to take effect.
  • 5Introduced in the Senate by Mr. King (along with a broad coalition) and referred to the Committee on Health, Education, Labor, and Pensions.

Impact Areas

Primary group/area affected: The Department of Health and Human Services, and its rulemaking and policy guidance related to how the Administrative Procedure Act is interpreted and applied.Secondary group/area affected: Federal regulatory agencies and staff responsible for APA compliance; entities that rely on HHS rulemaking or interpretation (e.g., health care providers, insurers, researchers, and patient advocacy organizations).Additional impacts: Potential shifts in how APA procedures are followed by HHS, possible ripple effects on other agencies if CRA disapproval signals legislative pushback on agency interpretations; political and administrative process implications of using a CRA disapproval to block agency policy.
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