A resolution expressing the sense of the Senate that the Secretary of Health and Human Services should withdraw a reduction in public notice and comment opportunities.
- Bill Number
- S.Res. 198
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Government Operations and Politics
- Status
- Introduced
- Latest Action
- 2025-05-01: Referred to the Committee on Finance. (text: CR S2740)
- Last Updated
- 2025-12-06T07:13:49Z
AI-Generated Summary
Purpose
This Senate resolution (S. Res. 198) expresses the non-binding opinion of the Senate that the Secretary of Health and Human Services (HHS) should reverse a recent proposal to shorten or limit public input opportunities in the federal regulatory process. It emphasizes the importance of public participation to ensure fair, informed, and non-arbitrary regulations from HHS, which affect healthcare, social services, and public welfare programs.
Key Provisions
- Background Rationale ("Whereas" Clauses):
- Public involvement is vital for creating fair and effective policies.
- Open processes help prevent hasty or harmful rules.
- HHS has followed standard notice-and-comment procedures under the Administrative Procedure Act (APA)—a federal law requiring agencies to publish proposed rules and allow public feedback—for 54 years.
- HHS regulations impact millions of Americans daily.
- Key groups like program beneficiaries, state and local governments, service providers, and organizations need ongoing chances to provide input on proposed changes.
- Core Resolution:
- Urges the HHS Secretary to withdraw a specific notice published in the Federal Register on March 3, 2025 (90 Fed. Reg. 11029), which would reduce public notice and comment periods.
- Calls for HHS to reaffirm and continue the public involvement practices in place as of February 27, 2025.
Significant Changes to Existing Law
This is a resolution, not a bill that becomes law, so it introduces no binding changes to statutes or regulations. It serves as a formal statement of Senate sentiment to influence HHS policy without altering legal requirements under the APA or other laws.
Potential Impacts
- On Government Agencies: May pressure HHS to maintain full public comment periods, potentially slowing but improving the quality of rulemaking. It could set a precedent for congressional oversight of agency procedures.
- On Citizens: Enhances opportunities for public input on rules affecting healthcare access, Medicaid, food safety, and social services, leading to more responsive policies for everyday Americans.
- On International Relations: No direct impact, as this focuses on domestic U.S. regulatory processes.
- Broader Effects: Could preserve transparency in HHS operations, benefiting vulnerable populations reliant on federal programs, while avoiding delays in urgent rule changes.
Main Stakeholders Affected
- Primary Beneficiaries: Millions of Americans enrolled in HHS programs (e.g., Medicare, Medicaid recipients).
- Government Entities: State and local governments implementing HHS rules; HHS itself as the targeted agency.
- Service Providers and Organizations: Human services providers (e.g., hospitals, clinics) and advocacy groups that rely on input to shape regulations.
- General Public: All individuals affected by HHS policies on health, welfare, and safety.
Notable Legal, Constitutional, or Political Implications
- Legal: Reinforces the APA's notice-and-comment requirements without enforcing them; if ignored by HHS, it has no legal teeth but could lead to future lawsuits challenging reduced public input as violating APA standards.
- Constitutional: Aligns with First Amendment principles of public participation in government but does not raise direct constitutional issues, as resolutions are advisory.
- Political: Introduced by a bipartisan group of 20 senators (led by Mr. Wyden), it signals congressional concern over executive branch overreach in streamlining regulations. Referred to the Senate Finance Committee, it may influence HHS decisions amid debates on regulatory efficiency versus transparency, potentially affecting future appropriations or oversight hearings.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (18)
Sen. Markey, Edward J. [D-MA], Sen. King, Angus S., Jr. [I-ME], Sen. Welch, Peter [D-VT], Sen. Klobuchar, Amy [D-MN], Sen. Merkley, Jeff [D-OR], Sen. Hirono, Mazie K. [D-HI], Sen. Booker, Cory A. [D-NJ], Sen. Rosen, Jacky [D-NV], Sen. Warren, Elizabeth [D-MA], Sen. Van Hollen, Chris [D-MD], Sen. Blumenthal, Richard [D-CT], Sen. Smith, Tina [D-MN], Sen. Blunt Rochester, Lisa [D-DE], Sen. Alsobrooks, Angela D. [D-MD], Sen. Lujan, Ben Ray [D-NM], Sen. Whitehouse, Sheldon [D-RI], Sen. Gillibrand, Kirsten E. [D-NY], Sen. Warner, Mark R. [D-VA]
Recent Actions
- 2025-05-01: Referred to the Committee on Finance. (text: CR S2740)
- 2025-05-01: Introduced in Senate
Bill Versions
- Expressing the sense of the Senate 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)