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".

Key Points

• Congress is using a special power to try to cancel a rule from the Department of Health and Human Services (HHS). This rule changed the internal steps the agency must take before it can issue new health or safety regulations.
• The targeted rule focuses on how the agency follows the Administrative Procedure Act. This is the main law that tells government agencies how they must listen to the public and follow legal steps before changing federal policies.
• If this resolution passes, the HHS rule would be voided immediately. It would also prevent the agency from ever making a similar rule again, effectively locking in the previous way of doing things.
• A government watchdog group recently determined that this HHS policy was a formal regulation, which gave Congress the legal opening to step in and vote to strike it down.
• This action is part of a larger debate over how much power federal agencies should have to set their own internal procedures versus following specific directions from lawmakers in Congress.

Impact Analysis

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