Expressing the sense of the House of Representatives that the Secretary of Health and Human Services should withdraw a reduction in public notice and comment opportunities.
- Bill Number
- H.Res. 369
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Government Operations and Politics
- Status
- Introduced
- Latest Action
- 2025-05-01: Referred to the House Committee on the Judiciary.
- Last Updated
- 2025-12-06T07:13:44Z
AI-Generated Summary
Purpose
This House Resolution (H. Res. 369) expresses the non-binding opinion of the U.S. House of Representatives that the Secretary of Health and Human Services (HHS) should reverse a recent policy change that shortens the time for public input on proposed regulations. The goal is to ensure continued robust public participation in HHS rulemaking to promote fair and informed policy-making.
Key Provisions
- Background Clauses ("Whereas" Statements):
- Emphasizes that public involvement in creating regulations is vital for developing fair policies.
- Notes that transparent rulemaking helps prevent arbitrary or harmful decisions.
- Highlights HHS's 54-year history of following standard notice-and-comment procedures under the Administrative Procedure Act (APA), a federal law requiring agencies to publish proposed rules and allow public feedback before finalizing them.
- Stresses that HHS regulations impact millions of Americans daily.
- Underscores the need for input from affected groups, such as program beneficiaries (e.g., people receiving health or welfare benefits), state and local governments, service providers, and organizations.
- Core Resolution ("Resolved" Clause):
- Urges the HHS Secretary to withdraw a specific notice published in the Federal Register on March 3, 2025 (90 Fed. Reg. 11029), which reduces public notice and comment periods.
- Calls for HHS to reaffirm and restore the public involvement practices in place as of February 27, 2025.
Significant Changes to Existing Law
- This resolution introduces no legal changes, as it is a "sense of the House" measure, which is symbolic and not enforceable like a statute. It does not amend the APA or any other law but seeks to influence HHS to maintain traditional APA procedures rather than adopt shortened timelines.
Potential Impacts
- On Government Agencies: Could pressure HHS to abandon efficiency-focused reductions in comment periods, potentially slowing regulatory processes but ensuring broader scrutiny of rules on health, welfare, and human services.
- On Citizens: Maintains opportunities for individuals affected by HHS programs (e.g., Medicare, Medicaid) to voice concerns, leading to more responsive regulations that better reflect public needs.
- On International Relations: Minimal to none, as this focuses on domestic U.S. regulatory processes.
- Overall, it may foster greater transparency in federal rulemaking, benefiting democratic participation without direct economic or operational shifts.
Main Stakeholders Affected
- HHS and Federal Government: Directly targeted, as the resolution calls for policy reversal.
- Public and Beneficiaries: Millions of Americans relying on HHS programs, who gain from preserved input opportunities.
- State and Local Governments: Involved in implementing HHS regulations, needing time to assess impacts.
- Human Services Providers and Organizations: Non-profits, healthcare providers, and advocacy groups that comment on rules affecting their operations.
- Congress: Bipartisan sponsors (from both parties) signal cross-aisle concern for procedural fairness.
Notable Legal, Constitutional, or Political Implications
- Legal: Reinforces the APA's notice-and-comment requirements (a cornerstone of administrative law since 1946) without challenging them directly; if heeded, it could prevent lawsuits over rushed rulemaking that might violate due process principles under the U.S. Constitution's Fifth Amendment (which ensures fair government procedures).
- Constitutional: Aligns with separation of powers by encouraging executive branch adherence to congressional intent in oversight laws like the APA, promoting checks on agency discretion.
- Political: Introduced by a diverse group of 20 House members from both parties on May 1, 2025, and referred to the House Judiciary Committee, it reflects bipartisan wariness of deregulatory efforts that might undermine public trust. As a non-binding resolution, its influence depends on political pressure rather than legal force, potentially setting the stage for future oversight hearings or legislation.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Fletcher, Lizzie [D-TX-7]
Cosponsors (23)
Rep. Quigley, Mike [D-IL-5], Rep. Amo, Gabe [D-RI-1], Rep. Tonko, Paul [D-NY-20], Rep. Wasserman Schultz, Debbie [D-FL-25], Rep. Tlaib, Rashida [D-MI-12], Rep. Bishop, Sanford D. [D-GA-2], Rep. Castor, Kathy [D-FL-14], Rep. Landsman, Greg [D-OH-1], Rep. Matsui, Doris O. [D-CA-7], Rep. DeGette, Diana [D-CO-1], Rep. McClellan, Jennifer L. [D-VA-4], Rep. Ruiz, Raul [D-CA-25], Rep. Fields, Cleo [D-LA-6], Rep. Velázquez, Nydia M. [D-NY-7], Rep. Mullin, Kevin [D-CA-15], Rep. Evans, Dwight [D-PA-3], Rep. McBath, Lucy [D-GA-6], Rep. Dingell, Debbie [D-MI-6], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Foster, Bill [D-IL-11], Rep. Pocan, Mark [D-WI-2], Rep. Craig, Angie [D-MN-2], Rep. Johnson, Julie [D-TX-32]
Recent Actions
- 2025-05-01: Referred to the House Committee on the Judiciary.
- 2025-05-01: Submitted in House
- 2025-05-01: Submitted in House
Bill Versions
- Expressing the sense of the House of Representatives that the Secretary of Health and Human Services should withdraw a reduction in public notice and comment opportunities. — issued 2025-05-01 — PDF (2 pages)