New rule puts term limits on top federal scientists
WASHINGTON — Top government scientists at the Food and Drug Administration and the Centers for Disease Control and Prevention could face reassignment every five years under a new regulation the Trump administration issued Friday evening, a move that surprised health officials across the government.
The rule, which the Department of Health and Human Services described in a news release as an effort to “increase professional development opportunities” and “harmonize HR practices,” was summarized in more blunt terms in the document’s file name: “term limits.”
Under the rule, more than a dozen senior officials could lose their positions as soon as this year — including a key regulator at the FDA responsible for evaluating COVID-19 drugs. Altogether, around 60 top government health officials would be subject to new employment reviews under the policy.
Although the regulation may well be reversed by the Biden administration, it is a parting shot in the Trump administration’s consistent efforts to give political appointees more sway over policy.
Because the rule, which was first reported to be under consideration by Politico, concerns 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. It is expected to be published in the Federal Register on Tuesday, the day before the Trump administration ends. It would not take effect for another 30 days, providing a window for preemptive reversal.
Top officials at the FDA, the CDC and the Centers for Medicare and Medicaid Services were caught off guard by the last-minute move. Agency heads at the National Institutes of Health are already subject to such five-year reviews, under legislation passed by Congress in 2016, a policy that was broadly criticized.
Dr. Stephen M. Hahn, the FDA commissioner, said in an interview Friday that the new rule could be perceived as threatening. He said recently that he was open to the agency being moved out of HHS and becoming independent.
“The implications of term limits could have a serious and far-reaching public health impact, affecting industry, patient groups, stakeholders,” he said Friday. “It needs a very vigorous discussion informed by all points of view. That didn’t happen here.”
Hahn said the rule meansa career official “might be willing to do the bidding of an administration knowing his job is on the line.”
“It’s fundamentally different than academia because of the political overtones,” he said.
Seema Verma, administrator of the Centers for Medicare and Medicaid Services, said her agency had been unaware of the new policy.
“We were completely blindsided by this when agencies were focused on the pandemic response, and the staff has worked tirelessly,” she said. “I think our career staff deserve better than an unvetted policy.”