RFK Jr. Enacts Ban on Public Commentary for HHS Rulemaking Process

Policy Change Ends Public Comment on HHS Rulemaking

Health and Human Services (HHS) Secretary Robert F. Kennedy Jr. has implemented a new policy prohibiting public comments during his department’s rulemaking process, effectively ending a practice that has been in place for over 50 years.

The decision, formalized in a policy statement published in the Federal Register on Friday, argues that removing public participation aligns with the original intent of the Administrative Procedure Act (APA). Jack Gruber / USA TODAY NETWORK via Imagn Images

Rescinding the Richardson Waiver: Background and Implications

Although the APA exempts public comment for matters involving agency management, personnel, public property, loans, grants, benefits, or contracts, a waiver known as the Richardson Waiver has allowed public input since 1971. Kennedy’s office justified the move by stating, “The policy waiving the statutory exemption for rules relating to public property, loans, grants, benefits, or contracts is contrary to the clear text of the APA and imposes on the Department obligations beyond the maximum procedural requirements specified in the APA.” The statement further declared, “Effective immediately, the Richardson Waiver is rescinded and is no longer the policy of the Department.” Jack Gruber / USA TODAY NETWORK via Imagn Images

Timing of Policy Shift Sparks Transparency Concerns

The timing of the policy change comes just after the HHS delayed a key vaccine committee meeting for the Centers for Disease Control and Prevention (CDC), citing the need to “accommodate public comment in advance of the meeting.” The move contradicts Kennedy’s previous pledge to establish “radical transparency” within the HHS. Fry1989 / Wikimedia

Legal Experts Warn of Potential Accountability Issues

Legal and policy experts have raised concerns about the implications of this decision. Lawrence O. Gostin, faculty director of the O’Neill Institute for National and Global Health Law at Georgetown University, criticized the policy, calling it a clear attempt to evade accountability. “My impression of the rule is that the Secretary knows that much of what he’s done and what he intends to do to radically transform health policy … has been lawful under the Administrative Procedure Act, and he’s trying to insulate himself from accountability,” said Gostin, according to a report from The Hill. He added that courts have upheld the Richardson Waiver in the past, making this policy likely to face legal challenges. ajay_suresh / Wikimedia

Projected Impact on Public Oversight in Health Policy

Gostin further warned that Kennedy may be pushing forward sweeping changes to health care, public health, and scientific research without public oversight, calling the policy shift a “dark day for HHS.” The White House / Wikimedia