In a significant reduction of personnel, the U.S. Department of Health and Human Services (HHS) has announced extensive layoffs that include many employees responsible for managing public records requests under the Freedom of Information Act (FOIA).
This week, numerous FOIA teams dedicated to responding to government document requests were disbanded, marking a key aspect of the Trump administration’s plan to cut 10,000 jobs within HHS. This action severely undermines public access to critical information regarding federal health agencies.
Entire public records teams were eliminated at prominent health organizations including the Centers for Disease Control and Prevention, the Food and Drug Administration, and the National Institutes of Health, according to various current and former employees who wish to remain anonymous for fear of retaliation. A handful of staff remain at certain FOIA teams across these agencies, but their future is uncertain.
Health Secretary Robert F. Kennedy Jr. has previously pledged to uphold “radical transparency,” but critics such as Jason R. Baron, a former director of litigation at the National Archives and Records Administration, argue that the firings starkly contradict this commitment.
Baron asserts that the dismissal of FOIA staff will inevitably lead to “exponential” increases in processing backlogs for health-related public records requests. He emphasizes the need for sufficient staffing to ensure timely responses to inquiries about public records, which are the property of the American people.
In response to the layoffs, an HHS spokesperson conveyed that the department’s FOIA offices would be restructured to enhance efficiency and maintain continuity of service.
The Freedom of Information Act was enacted to bolster government transparency, granting the public the right to request and receive information retained by government agencies. This encompasses documentation on drug safety, efficacy, and other pertinent health data essential for public awareness and judicial processes.
Journalists frequently utilize FOIA requests to uncover governmental activities that occur outside public scrutiny. For instance, past FOIA requests led to revelations about significant governmental contracts and other essential health issues.
Legal experts express outrage over this move, highlighting its detrimental impact on transparency and accountability. The layoffs, they predict, will hinder timely access to vital information for both the press and public.
FOIA offices were already struggling with understaffing issues, making it challenging to comply with the legally mandated response time. The recent cuts are expected to worsen these delays, with experts stressing the legal obligation for compliance with FOIA as vital to public interest.
A recent study noted that prior disruptions to FOIA operations, such as during the COVID-19 pandemic, significantly hindered transparency and public access to necessary records. Analysts warn that current staffing issues will likely escalate, leading to increased litigation and scrutiny regarding compliance with public records laws.
