May 08,2025

Wyden Slams RFK on Purging Public Records Teams at HHS After Publicly Promising “Radical Transparency”

There are almost 13,000 backlogged FOIA requests at HHS, and 49 percent of these backlogged requests are impacted by Secretary Kennedy’s mass firing

Washington, D.C. – Senate Finance Committee Ranking Member Ron Wyden, D-Ore., today slammed Department of Health and Human Services (HHS) Secretary Robert F. Kennedy Jr. for firing HHS employees responsible for managing and responding to public records requests, despite publicly promising “radical transparency.”  

HHS sub-agencies are often responsible for managing public access to government records, such as documents and correspondence, under the Freedom of Information Act (FOIA) passed by Congress in 1967 to ensure government transparency, oversight, and accountability. 

In the letter to Secretary Kennedy, Wyden said “It is essential that FOIA offices have the resources to disclose appropriate information to the public in response to records requests. Such transparency has served as the basis for groundbreaking public reporting, litigation, and legislation addressing program inadequacies and targeting outcomes. During times of rapid changes to government agencies, citizen oversight is a cornerstone of a functioning democracy and these agencies must have adequate resources to respond fully to requests.”

The sub-agencies targeted include those that Secretary Kennedy expressed historical and personal discontent toward during his Finance Committee confirmation hearing. These sub-agencies include the National Institutes of Health (NIH), the Centers for Disease Control and Prevention (CDC), the Administration for Children and Families (ACF), and the Food and Drug Administration (FDA), which are responsible for handling exceptionally sensitive information, including health records, legal documents, and proprietary company information. Slashing these offices – possibly as retribution for denying Secretary Kennedy’s previous record requests – could lead to major privacy violations for people including minors, cause financial and legal harm, and have a chilling effect on innovation. 

“I am extremely concerned about the detrimental impact that FOIA office closures will have on HHS’s ability to comply with this powerful government accountability tool. Further, these FOIA office closures hamper your ability to deliver on your promise of radical transparency to the American people,” Wyden concluded.

To ensure government transparency and accountability, Wyden demanded Secretary Kennedy respond to the following questions no later than May 22, 2025:

  1. When personnel without specific expertise are fulfilling FOIA requests, how will HHS ensure that documents are not overly redacted, infringing on requesters’ right to information?

  2. When personnel without specific expertise are fulfilling FOIA requests, how will HHS ensure that PII, especially minors’ PII and health records, is protected? 

  3. When personnel without specific expertise are fulfilling FOIA requests, how will HHS ensure that companies’ proprietary information is protected?

  4. What specific plans, if any, does HHS have in place for protecting proprietary information submitted to the FDA by companies during reviews, approvals, licensing, and post-approval surveillance of biologics including vaccines, medical devices, drugs, pharmaceutical products, and other products in its jurisdiction?

  5. When personnel without specific expertise are fulfilling FOIA requests, how will HHS ensure that personally identifiable information, especially minors’ personal information and health records, is protected? 

  6. Has Secretary Kennedy, or anyone at the direction of Secretary Kennedy, been involved in conversations related to the inclusion or exclusion of certain information in FOIA responses?

  7. Since assuming his role, has Secretary Kennedy, or anyone at the direction of Secretary Kennedy, been involved in any conversations related to FOIA and any of the topics listed below? 

  8. At an April 22, 2025, press conference, Secretary Kennedy said he is “restoring all the FOIA offices” and that he will “make it much easier for people to get the information.” What does “restoring all the FOIA offices” mean? 

  9. What communication, if any, has HHS had with the Department of Justice related to appropriate resource allocation, including staff, in anticipation of increased FOIA litigation in the future stemming from FOIA office closures?

  10. According to reporting, artificial intelligence agents may submit thousands of record requests to agencies, overwhelming systems and FOIA office staff. With the closure of FOIA offices at multiple HHS sub-agencies, how will FOIA office staff handle these barrages?

Wyden is a leader in the Senate on protecting Americans’ privacy rights while ensuring effective government oversight and transparency, including holding the Trump administration accountable for its mass firings across departments. In April 2025, Wyden led Senate Democrats in a letter to Secretary Kennedy demanding answers on the mass firings at ACF and HHS. Also, during that same month, Wyden slammed the Trump administration for dismantling a critical federal agency that helps seniors and people with disabilities live independently and fully participate in their communities. In March, 2025, Wyden demanded answers from the Trump administration after reports of widespread firings at the Centers for Medicare & Medicaid Services. In March 2025, Wyden urged the Administration to end the IRS hiring freeze immediately to avoid further staffing cuts and taxpayer issues nationwide. 

The full letter text is here. 

 

###