119-SJRES-82 Journalist Public Summary

Public Summary: 119-SJRES-82

1) Headline Summary: Overturn HHS’s new rulemaking policy that dropped long‑standing public‑comment requirements for many health regulations. [1]Justia Regulation Tracker — Federal Register excerpt: HHS “Policy on Adhering t…

2) What It Does: S.J.Res. 82 would nullify HHS’s March 3, 2025 policy statement that rescinded the decades‑old “Richardson Waiver,” which had directed HHS to use notice‑and‑comment even where the Administrative Procedure Act (APA) exempts it (e.g., rules on public property, loans, grants, benefits, or contracts). Under the CRA, if this resolution is enacted, the policy would have no force or effect and HHS could not issue a substantially similar policy without new legislation. [1]Justia Regulation Tracker — Federal Register excerpt: HHS “Policy on Adhering t…[2]Congressional Research Service via Congress.gov — CRS Report R43992: The Congre…

3) Why It Matters: Without the waiver, HHS can move faster on many program rules (for Medicare, Medicaid, grants, and contracts) but with fewer formal opportunities for public input—raising transparency and accountability concerns for hospitals, patients, and researchers. Supporters of the HHS policy say it realigns procedures with the APA and reduces burdens; critics warn it sidelines stakeholders. [3]American Hospital Association — HHS rescinds long-standing Richardson Waiver po…[4]Morgan Lewis (Law firm analysis) — HHS Rescinds Policy Extending Notice and Com…[1]Justia Regulation Tracker — Federal Register excerpt: HHS “Policy on Adhering t…[5]Yale Journal on Regulation (Notice & Comment) — Populists Who Spurn the Public:…

4) Who’s For It: The resolution is sponsored by Sen. Angus King (I‑ME) and backed by numerous Senate Democrats (e.g., Wyden, Warren, Schumer). Backers argue GAO confirmed the HHS policy is a “rule,” making it eligible for CRA disapproval. Advocacy groups that opposed HHS’s policy change have urged restoring public participation. [6]Congress.gov — S.J.Res. 82 — bill overview and status[7]Congress.gov — Congressional Record (Sept. 3, 2025): GAO opinion letter printed…[8]U.S. Government Accountability Office — GAO Decision B-337397: Applicability of…[9]Web search · turn 18 #2

5) Who’s Against It: HHS’s policy rationale—now effectively the opposing view—holds that the Richardson Waiver imposed extra‑statutory obligations beyond the APA, added costs, and impeded timely action; under the new policy, HHS may still solicit comments at its discretion or where another law requires it. Law firm and policy analyses note potential efficiencies for the department. [1]Justia Regulation Tracker — Federal Register excerpt: HHS “Policy on Adhering t…[4]Morgan Lewis (Law firm analysis) — HHS Rescinds Policy Extending Notice and Com…

6) What’s Next: As of October 23, 2025, S.J.Res. 82 has been introduced in the Senate and referred to the HELP Committee; a companion measure (H.J.Res. 125) was introduced in the House. Under CRA fast‑track rules, the Senate can discharge a committee by petition and take a time‑limited floor vote. If both chambers pass it and the President signs it (or a veto is overridden), the HHS policy is void and cannot be reissued in substantially the same form. [6]Congress.gov — S.J.Res. 82 — bill overview and status[10]Congress.gov — H.J.Res. 125 — House companion text[2]Congressional Research Service via Congress.gov — CRS Report R43992: The Congre…