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FDA 2019 Lapse in Funding Information

More information for FDA employees

In the absence of either an FY 2019 appropriation or a Continuing Resolution for FDA, beginning on December 22, 2018 and continuing until the date of enactment of an FY 2019 appropriation or Continuing Resolution ("lapse period"), agency operations continue to the extent permitted by law, such as activities necessary to address imminent threats to the safety of human life and activities funded by carryover user fee funds.

The FDA plays a critical public health role. Our work protects the food that families feed their children and pets and ensures the effectiveness of the medicine they need, all of which contribute to improving the health and welfare of Americans. All our work is important, but only some of our work is permitted to continue during a lapse in funding.

During the lapse period, the agency will be continuing vital activities, to the extent permitted by the law, that are critical to ensuring public health and safety in the United States. The mission critical, public health activities that will continue include, among other things: maintaining core functions to handle and respond to emergencies – such as monitoring for and quickly responding to outbreaks related to foodborne illness and the flu, supporting high-risk food and medical product recalls when products endanger consumers and patients, pursuing civil investigations when we believe public health is imminently at risk and pursuing criminal investigations, screening the food and medical products that are imported to the U.S. to protect consumers and patients from harmful products, and addressing other critical public health issues that involve imminent threats to the safety of human life. Mission critical surveillance for significant safety concerns with medical devices and other medical products will also continue.

In addition, the FDA will continue to support activities funded by carryover user fee balances, which allows us to continue to bring new therapeutic options to the patients that need them. However, during the lapse period, the FDA will not have legal authority to accept user fees assessed for FY 2019 until an FY 2019 appropriation or Continuing Resolution for the FDA is enacted. This will mean that the FDA will not be able to accept any regulatory submissions for FY 2019 that require a fee payment and that are submitted during the lapse period.

FDA Staffing Levels During Partial Lapse in Funding

Last Updated: January 18, 2019

During the partial lapse in funding, all FDA employees fall into one of four categories:

--furloughed;
--partially-exempt/excepted/furloughed (paid for exempt hours worked);
--working in an excepted status (unpaid); and
--working in an exempt status (paid).

Following please find updates on FDA staffing levels during the partial lapse in funding. It is important to note that this information is subject to change daily based on our staffing needs to fulfill our permissible public health activities during the lapse period. The FDA plans to update the numbers on a regular basis; however, additional details and breakdowns are not available at this time.

Preliminary statistics of FDA staffing levels for a lapse period can be found within HHS’ FY2019 Contingency Staffing Plan for Operations in the Absence of Enacted Annual Agriculture and Interior Appropriations: https://www.hhs.gov/sites/default/files/fy-2019-hhs-lapse-contingency-plan-narrative-december-ag-interior.pdf. It shows an estimated 41 percent of FDA staff in furlough status based on staffing levels in December 2018.

FDA Staffing Levels as of January 18, 2019:

Status Percentage of Total Staff
Furloughed 31%
Partially-Exempt/Excepted/Furloughed 23%
Excepted 9%
Exempt 37%

Furlough Status 01182019

More in Jobs and Training at FDA

Hiring Programs Previous Recruitment Events Furlough Update and New Mailbox for Staff: January 11, 2019 Quality of Worklife Veteran Profiles

Page Last Updated: 01/18/2019
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