US: Trump admin issues new rules seeking to impose 'term limits' on top health officials

Days before US President-elect Joe Biden takes charge of the office, the outgoing Trump administration issued a new regulation that could see top government scientists at the FDA and CDC lose their positions as soon as this year. According to the document titled ‘Term limits’, senior officials could face reassignment every five years. The US Department of Health and Human Services described the new guidelines issued on January 15 as an effort to “increase professional development opportunities” and “harmonise HR practices”. 

The latest move by the Trump administration has surprised health officials across the government. More than a dozen senior officials, including a key regulator at the FDA responsible for evaluating COVID-19 drugs, could lose their job by the end of this year. According to the New York Times, overall, nearly 60 top government health officials would be subject to new employment reviews under the policy. 

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In a press release, the HHS wrote, “The Department of Health and Human Services issue this final rule to institute term limits for the Directors of centres, offices, bureaus, divisions, or administrations within the Department’s Operating Divisions”.

“This final rule will increase the potential for advancement within these agencies, which will in turn allow for the potential for fresh perspectives and allow the Department to better attract and retain personnel. Directors can be reappointed at the end of their terms, or reassigned with the agency if they are not”. 

The regulation now could be reversed by the incoming Biden administration, however, it is still a parting shot in the Trump administration’s consistent efforts to give political appointees more sway over policy. It is worth noting that because the new rules concern the agency’s practice and procedure, it is not subject to normal rules of notice and comment, making it easier to change than other regulations. The guidelines are expected to be published in the Federal Register on Tuesday, the day before Biden’s inauguration. 

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‘Serious, far-reaching public health impact’ 

While speaking about the new rule, Dr Stephen M Hahn, the FDA Commissioner, said that the guidelines could be perceived as threatening. In an interview with the media outlet, he said that he was open to the agency being moved out of HHS and becoming independent. Further, he added that the implications of term limits could have a “serious and far-reaching public health impact”, affecting the industry, patient groups and stakeholders. 

Brian Harrison, the HHS Chief of Staff and who oversaw the rule himself, on the other hand, said that no one will lose employment as a result of the new guidelines. Harrison said that the employees who might lose their roles at the top of centres, bureaus and divisions would be appointed somewhere else within their agency. Others could be renewed for additional five-year terms, he added. 

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