FDA Rehires Key Staff After HHS Layoffs Cripple Public Records Access

In the wake of significant layoffs at the Food and Drug Administration (FDA) that disrupted its transparency operations, the agency has begun recalling some staff responsible for processing public records requests, according to current employees. This partial reversal follows a controversial round of job cuts initiated by the Department of Health and Human Services (HHS), the FDA’s parent agency, approximately one month ago as part of a broader cost-cutting initiative.

On May 1, FDA officials informed a select group of employees—primarily those managing Freedom of Information Act (FOIA) requests related to medical devices and tobacco regulation—that their terminations were being rescinded, according to documents obtained by KFF Health News. These workers, who spoke on condition of anonymity due to concerns about workplace retaliation, were directed to resume their roles immediately. The abrupt reinstatement has raised questions about the rationale behind the initial layoffs and the agency’s long-term strategy for maintaining public access to records.

The layoffs, announced in March, were part of an HHS plan to eliminate 20,000 positions across its agencies, with HHS itself targeting 10,000 job cuts. The FDA bore a significant brunt, losing approximately 3,500 employees, including many in its FOIA divisions. These reductions severely hampered the agency’s ability to process public records requests, stalling operations in critical areas such as vaccine oversight, pharmaceutical regulation, and food safety. Internal communications and interviews with six current and former FDA staff members revealed that FOIA operations ground to a near halt, with some employees dismissed while handling court-mandated requests.

The FOIA, enacted in 1966, is a cornerstone of government transparency, enabling the public to access federal records and hold agencies accountable. At HHS, FOIA requests are instrumental in obtaining critical data, such as FDA inspection reports for manufacturing facilities or Centers for Disease Control and Prevention (CDC) records on infectious disease trends. The layoffs sparked widespread concern among transparency advocates, who warned that reduced staffing could obscure vital public health information. In response, Citizens for Responsibility and Ethics in Washington (CREW) filed a federal lawsuit in April, arguing that the cuts unlawfully impeded public access to government records.

HHS Secretary Robert F. Kennedy Jr., appointed to lead the department under the Trump administration, announced on April 22 that FOIA offices would be fully restored. However, as of May 3, progress has been uneven. While the FDA has reinstated some staff, a CDC employee reported that their agency’s FOIA team remains nonfunctional, indicating inconsistent recovery efforts across HHS agencies.

The decision to preserve or restore certain FOIA roles appears tied to legal pressures. Notably, some FDA staff handling lawsuits related to COVID-19 vaccine records were spared from the cuts. These cases, led by attorney Aaron Siri on behalf of anti-vaccine organizations, carry court-ordered deadlines requiring the FDA to release documents by June 30. Siri, a close associate of Kennedy and his legal counsel during his 2024 presidential campaign, has a history of filing FOIA lawsuits against health agencies, adding a layer of complexity to the reinstatement decisions.

The FDA processed over 12,000 FOIA requests in fiscal year 2024, according to HHS data, a volume that underscores the scale of its transparency obligations. However, with staffing levels still uncertain, it remains unclear whether the agency can sustain this output. The broader HHS restructuring, defended in a recent court filing by the U.S. attorney for Washington, D.C., as part of an Executive Order to enhance efficiency and fiscal responsibility, continues to face scrutiny. Critics argue that the cuts, while framed as streamlining, risk undermining public trust in federal health agencies at a time when transparent communication is paramount.

The reinstatement of some FDA staff marks a step toward restoring transparency, but the uneven recovery and ongoing legal challenges highlight deeper tensions within HHS over balancing cost-cutting with public accountability. As the administration navigates these issues, the ability of agencies like the FDA to fulfill their FOIA obligations will remain a critical measure of their commitment to openness.