Summary of HJRES 125
Bill Overview
Bill Number: HJRES 125
Title: 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".
Status: Introduced in House
Introduced Date: September 18, 2025
Classification: Resolution
Purpose and Intent
HJRES 125 aims to formally disapprove a specific rule issued by the Office of the Secretary of the Department of Health and Human Services (HHS). This rule pertains to the "Policy on Adhering to the Text of the Administrative Procedure Act" (APA), which was published on March 3, 2025. The resolution seeks to nullify this rule, asserting that it should have no legal effect.
Key Provisions
- Disapproval of HHS Rule: The resolution states that Congress disapproves the HHS rule regarding adherence to the APA.
- Legal Basis: The disapproval is grounded in Chapter 8 of Title 5 of the United States Code, which provides Congress the authority to disapprove certain agency rules.
- GAO Opinion: The resolution references a letter of opinion from the Government Accountability Office (GAO) dated August 27, 2025, which concludes that the HHS Policy Statement qualifies as a rule under the APA.
Impact
- On the HHS Rule: If passed, HJRES 125 would effectively invalidate the HHS rule, meaning it would no longer be enforceable or have any legal standing.
- On Administrative Procedures: The resolution may influence how HHS and potentially other federal agencies interpret and implement the APA, particularly concerning adherence to procedural requirements.
- Stakeholders Affected: This resolution primarily impacts the Department of Health and Human Services, regulatory agencies, and entities that interact with HHS policies. It may also affect stakeholders in the healthcare sector who rely on the clarity and enforcement of administrative procedures.
Legislative Process
- Committee Referral: Upon introduction on September 18, 2025, HJRES 125 was referred to the House Committee on the Judiciary for further consideration.
- Next Steps: The resolution will undergo review and may be subject to hearings and discussions within the committee before potentially moving to the House floor for a vote.
Conclusion
HJRES 125 represents a significant legislative effort to disapprove a specific rule from HHS regarding adherence to the APA. Its passage could have implications for federal regulatory practices and the relationship between Congress and executive agencies in the context of administrative law.
