In recent staff reductions at the U.S. Department of Health and Human Services (HHS), many employees responsible for managing public records requests under the Freedom of Information Act (FOIA) were laid off. This move was part of the Trump administration’s decision to cut 10,000 positions within the department. These employees were responsible for providing public access to government documents since the FOIA was enacted by Congress in the 1960s, granting insight into the operations of federal health agencies.
Specifically, several public records teams were completely eliminated from agencies including the Centers for Disease Control and Prevention, the Food and Drug Administration, and the National Institutes of Health. This information was relayed by current and former staff members who wished to remain anonymous due to concerns over potential retaliation. A few employees remain on other FOIA teams across these agencies at present.
Health Secretary Robert F. Kennedy Jr. has previously pledged to pursue “radical transparency.” However, these layoffs contradict that promise, according to Jason R. Baron, a former director of litigation at the National Archives and Records Administration, currently teaching at the University of Maryland’s College of Information. Baron anticipates that these staff reductions will lead to increased backlogs and delays in processing public records requests related to health matters. He emphasized the necessity of having adequate FOIA staff to ensure timely responses to record requests, pointing out that such layoffs are counterproductive to openness and transparency.
In response, HHS stated that the FOIA offices within the department were previously isolated from one another. Under Secretary Kennedy’s commitment to a more streamlined and efficient HHS, these offices will be restructured to enhance the workflow while maintaining their operations.
Enacted by Congress, the FOIA aims to enhance government transparency, permitting the public to request and obtain official documents held by federal agencies. These documents can range from details about the safety and effectiveness of new medications to internal communications among agency personnel. Journalists and the public often utilize these documents in their reporting or legal actions.
NPR has used FOIA requests to reveal information about government contracts, such as the $5.3 billion Paxlovid purchase agreement in 2021, and other COVID-related contracts. Gunita Singh, an attorney with the Reporters Committee for Freedom of the Press, labeled the layoffs as “outrageous,” arguing that transparency should not be sacrificed.
FOIA litigation is sometimes necessary for obtaining public records held by agencies. Earlier this week, Singh was informed by an attorney representing HHS that the FOIA office at the Administration for Children and Families is currently on administrative leave. This incident highlights the immediate impact of the layoffs on ongoing FOIA litigation, causing delays and complications in accessing public records.
While the FOIA law requires federal agencies to provide requested records within 20 days, resource constraints often result in delays. Singh argues that the recent staff cuts will likely worsen these existing delays. She emphasized that FOIA compliance is a legal obligation, not merely a suggestion.
Previously, Singh and a colleague wrote a research paper discussing the difficulties in obtaining documents from the FBI during the COVID-19 shutdown and the impact of such closures on public records access.
Baron predicts that reducing the number of FOIA staff at HHS will result in more legal challenges and increased judicial scrutiny concerning the department’s adherence to public records laws. He asserts that while the administration may reduce FOIA staffing, it cannot disregard its obligations under these laws.
The report was contributed to by Rob Stein and Selena Simmons-Duffin.
