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.
Summary
This document is a joint resolution passed by the Senate and House of Representatives to disapprove a rule submitted by the Office of the Secretary of the Department of Health and Human Services (HHS). The rule in question pertains to HHS's "Policy on Adhering to the Text of the Administrative Procedure Act." The resolution utilizes the Congressional Review Act (CRA) to nullify the HHS rule.
Expected Effects
If enacted, this resolution would prevent the HHS policy from taking effect or continuing in effect. This means HHS would need to reconsider its approach to adhering to the Administrative Procedure Act (APA). The practical implications depend on the specifics of the HHS policy and how strictly it interprets the APA.
Potential Benefits
- Reinforces congressional oversight of executive agency rulemaking.
- Prevents potential overreach or misinterpretation of the Administrative Procedure Act by HHS.
- Ensures that HHS policies align with congressional intent regarding administrative procedures.
- Could lead to a more balanced and practical application of the APA within HHS.
- May prevent unintended consequences that could arise from a strict interpretation of the APA.
Potential Disadvantages
- May create uncertainty regarding HHS's adherence to the Administrative Procedure Act.
- Could hinder HHS's ability to implement policies effectively and efficiently.
- May lead to increased litigation if the policy vacuum results in legal challenges.
- Could be perceived as political interference in agency rulemaking.
- Potential for delayed or stalled implementation of important healthcare policies.
Constitutional Alignment
The resolution aligns with the principle of legislative oversight of the executive branch, as established in Article I, Section 1 of the Constitution, which vests all legislative powers in Congress. The Congressional Review Act, under which this resolution is made, is a mechanism for Congress to check the power of executive agencies in creating regulations. This aligns with the system of checks and balances.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).