Overturning the HHS Administrative Procedure Act Policy

Official title: 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".

What this does

This joint resolution would have overturned a Department of Health and Human Services rule titled Policy on Adhering to the Text of the Administrative Procedure Act, published on March 3, 2025. Using the Congressional Review Act, it states that Congress disapproves the rule and that the rule shall have no force or effect. The resolution rests on a Government Accountability Office letter of opinion, dated August 27, 2025 and printed in the Congressional Record on September 3, 2025, concluding that the policy statement is a rule under that Act. The Senate rejected it on a 50 to 50 tie, so the rule was not overturned.

Senate vote · 50-50

Democrats

45–0

Republicans

3–50

Independents

2–0

How we know · 5 sourced claims

Congress disapproves 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, and that rule would have no force or effect.Source: Resolving clause
The rule was published on March 3, 2025.Source: Resolving clause (parenthetical)
The resolution acts under chapter 8 of title 5, United States Code, the Congressional Review Act.Source: Title and resolving clause
The resolution cites a Government Accountability Office letter of opinion dated August 27, 2025, printed in the Congressional Record on September 3, 2025 at pages S6003 to S6005, concluding that the policy statement is a rule under chapter 8 of title 5, United States Code.Source: Resolving clause (parenthetical)
The Senate did not pass the resolution. The recorded vote was 50 yeas to 50 nays.Source: Senate roll call, Record Vote 654, 2025-12-18, 50 to 50

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Senate roll call

The full roll call

R3–48D45–0I2–0

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