Congress blocks HHS rule requiring agencies to follow the law
S.J.Res. 82 — 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". · Filed by Angus King (I-ME) · 37 cosponsors · Introduced Sep 18, 2025 · Failed
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What it does
This is a Congressional Review Act (CRA) resolution that disapproves and nullifies an HHS policy issued on March 3, 2025, titled 'Policy on Adhering to the Text of the Administrative Procedure Act.' The policy would have required HHS to follow the plain text of the Administrative Procedure Act in its rulemaking. By passing this resolution, Congress would prevent that policy from taking effect, allowing HHS to continue interpreting the APA more flexibly.
Why we flagged it
The resolution uses the CRA procedural mechanism to disapprove an internal HHS policy that would have constrained the agency's interpretive discretion under the Administrative Procedure Act. The net effect is to remove a textual-fidelity requirement and restore agency flexibility in statutory interpretation.
What the text implies
- Disapproving a policy that mandates 'adherence to the text' of the APA signals congressional intent to permit agencies broader interpretive latitude in rulemaking, potentially weakening procedural safeguards and notice-and-comment requirements.
- The HHS policy itself was a response to executive-branch directives on statutory interpretation; disapproving it may reflect a legislative effort to constrain executive-branch textualism or to preserve agency discretion in specific policy domains.
The full analysis lists 3 implications of this text.
Who stands to gain
regulated industries subject to HHS rulemaking; entities benefiting from flexible agency interpretation