Kennedy Moves to Bar Public Involvement in Host of HHS Matters
WASHINGTON — Secretary Robert F. Kennedy Jr. is making his first substantive change to the operation of the Health and Human Services Department — dramatically limiting public participation in much of the business it conducts.
In a Federal Register notice scheduled to be published on Monday, Kennedy proposes doing away with the so-called “Richardson Waiver,” which has guided the department’s rulemaking policy since 1971.
In the 54 years since then, the waiver has served to open the door to increased public involvement in rulemaking on a number of issues, including public property, loans, grants, benefits or contracts.
It also mandated, through its good cause exception, that decisions to forego the public participation process should be made “sparingly.”
But Kennedy believes those requirements impose too many responsibilities on the department, are “contrary” to its efficient operation, and can “impede the department’s flexibility to adapt quickly to legal and policy mandates.”
Historically, federal departments and agencies have issued new rules and regulations under the auspices of the Administrative Procedure Act.
The act mandates that the public be given an opportunity to submit written comments in support or in opposition of government proposals, but not all.
The waiver expanded the number of things subject to that mandate.
“Effective immediately,” Kennedy wrote, “the Richardson Waiver is rescinded and is no longer the policy of the department.”
In accordance with the APA, “matters relating to agency management or personnel or to public property, loans, grants, benefits, or contracts,” are exempt from … notice and comment procedures … except as otherwise required by law.
“Agencies and offices of the department have discretion to apply notice and comment procedures to these matters but are not required to do so, except as otherwise required by law,” Kennedy wrote.
He went on to write that the good cause exception should be used “in appropriate circumstances in accordance with the requirements of the APA.”
“The department will continue to follow notice and comment rulemaking procedures in all instances in which it is required to do so by the statutory text of the act,” Kennedy said.
Dan can be reached at [email protected] and @DanMcCue
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