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.
This is a non-binding Senate resolution (S. Res. 198) introduced in the 119th Congress. It expresses the sense of the Senate that the Secretary of Health and Human Services should withdraw a specific Federal Register notice (dated March 3, 2025) that would reduce opportunities for public notice and public comment in the agency’s rulemaking process. The resolution also asks that HHS affirm the regulatory practices that were in effect on February 27, 2025, which included greater public participation in rulemaking. In short, it is a political statement urging the Department to revert to more open, traditional notice-and-comment procedures rather than accept the March 3, 2025 change. Because this is a resolution expressing the sense of the Senate, it does not create new law or regulatory requirements. If adopted, it amounts to a formal Senate position pressuring HHS to maintain or restore broader public participation in rulemaking. It signals lawmakers’ concerns about administrative proceedings affecting millions of Americans and emphasizes the importance of public input from beneficiaries, state/local governments, providers, and organizations.
Key Points
- 1Type and purpose: This is a non-binding Senate resolution expressing the sense of the Senate on how HHS should conduct its rulemaking, not a law or regulation.
- 2Specific action urged: The Secretary of Health and Human Services should withdraw the March 3, 2025 Federal Register notice that would reduce public notice and comment opportunities.
- 3Regulatory process principle: The resolution reiterates the importance of public participation and open rulemaking to prevent arbitrary, harmful, or ill-advised regulations, citing the Administrative Procedure Act (APA) notice-and-comment framework.
- 4Historical context: It notes that HHS has followed APA notice-and-comment procedures for 54 years and that rulemaking decisions affect the daily lives of millions.
- 5Stakeholders emphasized: The resolution highlights the need for input from program beneficiaries, state and local governments, human services providers, and related organizations whenever HHS regulations are proposed.
- 6Legislative status: Introduced in the Senate and referred to the Committee on Finance; it is not anticipated to have binding legal effect but represents a formal Senate position.