FDA Shutdown Enters 3rd Week and Challenges Mount

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As FDA enters the third week of the partial government shutdown, agency employees still on the job are facing challenges with fulfilling public health responsibilities, according to the Alliance for a Stronger FDA. The group has created an “FDA Shutdown Toolkit” that explains how agency operations are affected. During the shutdown, FDA is limited to activities necessary to address imminent threats to public health and safety, and those activities funded by carryover funds (mostly user fees).

 

Specifically, the agency during the shutdown will be permitted to:

  • monitor and respond to outbreaks related to foodborne illness and the flu
  • support high-risk food and medical product recalls when products endanger consumers and patients
  • pursue civil investigations when the public health is imminently at risk
  • pursue criminal investigations
  • screen food and medical products that are imported to the U.S. to protect consumers and patients from harmful products
  • address other critical public health issues that involve imminent threats to the safety of human life
  • conduct critical surveillance for significant safety concerns with medical devices and other medical products

 

Currently, about 60% of FDA’s employees are still working without pay. “Depending on the duration of the shutdown, account balances and burn rates, there may reach a point where funds to carry out user fee-funded activities are not available and employees are furloughed,” the Alliance notes. “This eventual phase-down will be different for each of the separate user fee programs. Additionally, about 1,100 members of the U.S. Public Health Service Commissioned Corps are not subject to the furlough and will be working throughout the shutdown."

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