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But I don't think he should count on the public at large, even in red states, complying with his plans.

"This is a sector that has consistently failed to comply with their statutory obligations - some of the housing providers who back the code have multiple maladministration findings to their name," she said.

PMI said it believes the Department of Health's interpretation of the law is wrong, and said it has "complied with all applicable laws and regulations" since it launched iQos in 2016.

The only way to comply with the rule would be to lower the tax rate on Medi-Cal enrollment, which would sharply reduce revenue.

Members of Congress have significant oversight power, which involves doing due diligence on what actions the executive branch is taking and making sure they’re complying with laws that Congress has passed.