On Tuesday, as part of the Trump administration's sweeping cuts aimed at reducing the workforce by 10,000 personnel at the Department of Health and Human Services (HHS), several teams responsible for fulfilling requests under the Freedom of Information Act (FOIA) lost their jobs. These cuts have raised serious concerns regarding transparency and public access to vital government information, as mandated by Congress since the 1960s.
According to multiple current and former staff members, who have chosen to remain anonymous due to fears of retribution, the layoffs have particularly affected public records teams at prominent agencies such as the Centers for Disease Control and Prevention (CDC), the Food and Drug Administration (FDA), and the National Institutes of Health (NIH). While a few individuals remain on FOIA teams within these agencies, the majority have been completely disbanded.
Health Secretary Robert F. Kennedy Jr. has publicly committed to a vision of radical transparency, but critics, including Jason R. Baron, a former director of litigation at the National Archives and Records Administration, argue that these firings contradict that pledge. Baron warns that the layoffs will significantly increase backlogs and delays in processing health-related public records requests. "Firing your staff is antithetical to openness and transparency," he stated, emphasizing the need for adequate FOIA personnel to ensure timely responses to public record requests.
In response to inquiries regarding the layoffs, HHS provided a statement to NPR, indicating that the FOIA offices had previously operated in silos, lacking intercommunication. Under Secretary Kennedy's plan, these offices are set to be streamlined to improve efficiency while continuing the essential work of responding to FOIA requests.
The Freedom of Information Act is a critical piece of legislation designed to enhance government transparency by allowing the public to request and access records maintained by federal agencies. These records can include crucial information regarding the safety and efficacy of new drugs, as well as communications such as emails between agency personnel. FOIA requests are often utilized by journalists to uncover government activities that may otherwise remain hidden. For instance, NPR successfully used FOIA to obtain information about the government's $5.3 billion contract for Paxlovid in 2021, revealing unexpected details within the agreement.
Gunita Singh, an attorney at the Reporters Committee for Freedom of the Press, criticized the decision to cut FOIA staff as "outrageous," questioning the rationale behind diminishing transparency efforts. She noted that organizations, including NPR, sometimes find it necessary to pursue legal action to obtain public records, underscoring the challenges posed by the current situation. Singh recently received concerning news regarding the status of the Administration for Children and Families' FOIA office, which is currently on administrative leave, further complicating ongoing public records requests.
The layoffs are likely to stifle FOIA litigation that serves the public interest, as Singh pointed out. Journalists and the public will experience increased delays in obtaining information regarding their requests, which undermines the principle of government accountability. Singh has emphasized that FOIA is a legal requirement, not merely a suggestion, and compliance is essential for maintaining transparency.
Baron further predicts that the cuts to HHS FOIA staff will lead to heightened litigation and stricter judicial scrutiny regarding compliance with public records laws. While the administration may believe it can evade its obligations under FOIA, the legal framework remains intact, necessitating adherence to the law despite personnel changes.
