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".
This joint resolution uses the congressional disapproval process under title 5, section chapter 8 (the Congressional Review Act framework) to overturn a rule issued by the Office of the Secretary of the Department of Health and Human Services. The targeted rule is the policy titled “Policy on Adhering to the Text of the Administrative Procedure Act,” which was published March 3, 2025, and is referenced in a Government Accountability Office (GAO) letter dated August 27, 2025. The GAO letter concluded that this policy statement qualifies as a rule under the applicable chapter. If Congress passes and enacts this joint resolution (and it is enacted into law by the President or overridden if vetoed), the rule would have no force or effect. In short, the measure would nullify HHS’s policy statement on how to interpret and adhere to the text of the Administrative Procedure Act, preventing that policy from guiding agency rulemaking or related procedures.
Key Points
- 1Congress uses the Congressional Review Act disapproval mechanism (chapter 8 of title 5) to overturn the specific HHS rule.
- 2The rule being disapproved is HHS’s “Policy on Adhering to the Text of the Administrative Procedure Act.”
- 3The March 3, 2025 publication date and the GAO’s August 27, 2025 letter are cited as basis for deeming the policy a rule subject to congressional disapproval.
- 4If enacted, the joint resolution would have the effect of voiding the rule and stripping it of any legal force.
- 5This reflects a congressional check on agency interpretations or policies regarding the Administrative Procedure Act and emphasizes legislative oversight of how agencies interpret and apply APA text.