The proposed action is "rule making," not a law. The "rule" covers how an executive branch agency implements a law (for example, how, exactly, welfare benefits are made, or how, exactly, radio stations are licensed, or whatever). Therefore, the Executive Branch can do what it likes, as long as the proposed "rule" does not contradict a law. Congress has no role in this function at all.
Thanks Mark. I wonder why he’s waited to the end of his term. I’m guessing the next prez can change the rule.