The recent proposal by Health and Human Services Secretary Robert F. Kennedy Jr. to strip public participation from much of the business conducted by his department has sparked concerns and backlash from various quarters. The move, outlined in a document posted in the Federal Register, aims to eliminate the long-standing practice of allowing public comments on agency plans. The proposal is set to be formally published in the register on March 3.
According to the statement, HHS argues that public input is unnecessary for decisions related to agency management, personnel, public property, loans, grants, benefits, or contracts. The department can choose to exclude public participation if it deems the process impracticable, unnecessary, or contrary to the public interest. This move has raised alarm bells among open government advocates, who see it as a direct attack on transparency and accountability.
The decision to rescind the Richardson Waiver, which allowed public involvement in HHS rulemaking processes, has been met with criticism. The waiver had been in place since 1971 and was considered a vital mechanism for ensuring public oversight and feedback on agency actions. Critics argue that the justifications provided by Kennedy for the proposed change are inaccurate and represent a step backward in terms of good governance practices.
Experts warn that the lack of public participation could have far-reaching implications, especially in areas such as grants, loans, and benefits, which constitute a significant portion of HHS’s work. The move could also limit public access to information and hinder the department’s ability to make informed decisions that benefit the American people.
Kennedy’s pledge of “radical transparency” at HHS appears to be at odds with the recent proposal to restrict public participation. The decision is reminiscent of a similar attempt in the 1980s to bypass public engagement on important decisions, which was met with strong opposition and eventually withdrawn.
While HHS retains the legal authority to limit public engagement under the Administrative Procedure Act, experts caution that such a move could erode public trust and lead to decisions that are not in the best interest of the public. The lack of public input could also make it easier for the department to implement unpopular policies without facing significant opposition.
As the proposal moves forward, it is likely to face challenges from Congress and the public. Many believe that public involvement is crucial for ensuring that HHS decisions reflect the needs and concerns of the American people. The debate over the future of public participation in agency decision-making is likely to continue as stakeholders weigh the implications of limiting transparency and accountability in government operations. When it comes to creating policies, it is essential to consider the long-term implications and potential consequences. As stated by Sarah Owermohle and Lizzy Lawrence, taking the time to carefully craft policies can lead to better outcomes in the future. By addressing potential issues and conflicts early on, organizations can prevent costly lawsuits and other challenges down the road.
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