In recent developments, a significant number of layoffs have occurred at the U.S. Department of Health and Human Services (HHS), affecting many employees who were responsible for handling public records requests under the Freedom of Information Act (FOIA). These cuts are part of a larger initiative by the Trump administration to reduce staff by 10,000 positions within the department. The layoffs are particularly impactful on teams that process requests for government documents, a duty that has been mandated by Congress since the 1960s through FOIA to offer transparency into the operation of federal health agencies.
According to unnamed current and former employees, entire public records teams have been disbanded at several major agencies, including the Centers for Disease Control and Prevention, the Food and Drug Administration, and the National Institutes of Health. Some team members remain in other sections, but there is a concern that these reductions will significantly increase backlogs and delay the processing of health-related public records requests.
Health Secretary Robert F. Kennedy Jr. has advocated for “radical transparency,” although the recent job cuts have led to criticism of these claims. Jason R. Baron, a former director of litigation at the National Archives and Records Administration and a professor at the University of Maryland, has expressed skepticism about the realization of transparency goals given the reduction in staffing. Baron predicts that these layoffs will lead to increased delays and potential legal challenges regarding FOIA compliance.
In response to these concerns, HHS has indicated an intention to streamline FOIA offices across the department, as they have historically operated in silos without adequate intercommunication. The effort aims to establish a more efficient process across the board; however, skepticism remains regarding the potential impact on transparency and access to government records.
FOIA plays a crucial role in maintaining government transparency, allowing the public to access various federal records. These documents can be critical in assessing the safety of new medications, understanding internal government communications, or supporting legal actions.
Journalists frequently employ FOIA to obtain information about governmental operations, as exemplified by NPR’s acquisition of a government contract for Paxlovid in 2021. However, the current downsizing is expected to obstruct such efforts, leading to longer wait times for records release.
Gunita Singh, an attorney with the Reporters Committee for Freedom of the Press, has described the situation as “outrageous,” emphasizing that transparency should not be compromised. Singh highlighted a recent instance of disruption when the Administration for Children and Families’ FOIA office went on administrative leave, stalling ongoing FOIA litigation.
Singh and others within the field have noted that FOIA offices were often understaffed even before these layoffs, which frequently results in delays beyond the 20-day period mandated by law for document production. The reductions thus pose a risk of further exacerbating these delays. The consensus among experts is that while HHS can reduce its workforce, it remains legally obligated to fulfill FOIA requirements, potentially facing increased scrutiny and legal challenges in the future.
Rob Stein and Selena Simmons-Duffin also contributed to this report.
