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  1. Domestic MOUs

MOU 225-25-001

MEMORANDUM OF UNDERSTANDING BETWEEN FOOD AND DRUG ADMINISTRATION AND CENTERS FOR DISEASE CONTROL AND PREVENTION

This Memorandum of Understanding (MOU) sets forth the terms and understanding between the Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC), both operating components of the U.S. Department of Health and Human Services (HHS) (collectively “the parties,” individually "party"), to provide a Devolution Alternative Operating Facility (AOF) for the FDA headquarters site located in Silver Spring, Maryland.

BACKGROUND

The FDA, Office of Operations, Office of Security and Passport Operations (FDA/OO/OSPO) requests the assistance of CDC’s Office of the Chief Operating Officer, Office of Safety, Security, and Asset Management (CDC/OCOO/OSSAM), in providing a Devolution AOF in the event the current FDA headquarters site located in Silver Spring, Maryland housing the FDA leadership, staff, and facility becomes unavailable. FDA will resume Mission Essential Functions (MEF) led by a contingent including the FDA Commissioner and staff at the Devolution AOF. Additionally, the Devolution AOF will have Information Technology and communication resources to resume FDA MEFs within twelve (12) hours and be able to sustain these functions for a minimum of thirty (30) days or until normal operations resume. This agreement may be amended as needed to include additional requirements that may arise.

PURPOSE

This MOU establishes a cooperative relationship between the FDA and CDC to enhance the Federal Mission Resilience Strategy through effective devolution planning. The collaboration aims to ensure continuity of critical functions under emergency conditions by securing physical and operational integration at the CDC Atlanta facilities.

This MOU, along with the FDA Devolution Plan, describe the process for transferring essential functions from FDA to the FDA Devolution Emergency Response Group (DERG) and clarify roles and responsibilities consistent with the contingent delegation of authority executed by the FDA on February 5, 2026.

RESPONSIBILITIES

A. FDA Responsibilities

  • Coordinate with CDC to access necessary facilities and security measures.
  • Provide staffing and operational support for devolution activities.
  • Manage FDA-specific equipment and resources within the CDC Headquarters (HQ) campus.

B. CDC Responsibilities

  • Facilitate access to CDC Atlanta Campuses, including security clearance and badge programming.
  • Provide logistical support and space customization as required for FDA operations.
  • Assist in the coordination of joint training and emergency drills.

ACTIVATION

The MOU is a standing agreement that addresses preparedness activities and devolution requirements. The decision process to devolve FDA's essential functions to the FDA DERG will be described in the FDA Devolution Plan.

SCOPE OF COLLABORATION

The FDA and CDC agree to collaborate in the following areas:

  • Establishing FDA operational presence at a CDC Atlanta campus, preferably Roybal, with adequate space to comfortably seat up to 20 individuals.
  • Sharing resources and information necessary to maintain critical operations during emergencies.
  • Conducting joint exercises and training sessions to ensure readiness.

TRADE SECRET OR COMMERCIAL INFORMATION

The Parties will not, in accordance with applicable federal laws and regulations, in carrying out the activities covered by this MOU, share any non-public information, including “confidential commercial or financial information” (21 C.F.R 20.61) or trade secret information (21 U.S.C. 360j(c)) obtained by or provided directly to FDA from a third party.

TERMS AND FUNDING

  • This MOU is effective for a period of five years from the date of signing. 
  • Each party will cover its own expenses incurred in connection with the activities it conducts under this MOU.

COMMUNICATION

Both parties agree to maintain open lines of communication to ensure the objectives of this MOU are met. Regular meetings will be scheduled quarterly or as agreed by both parties.

LEGAL AUTHORITY

This MOU is authorized by Executive Order (EO) 12656, Assignment of Emergency Preparedness Responsibilities, November 1988; Federal Continuity Directive I, Federal Executive Branch National Continuity Program and Requirements, January 2017 Presidential Policy Directive 40 (PPD-40) National Continuity Policy July 2016 and EO 13603, National Defense Resources Preparedness, March 2012.

FUNDING

Nothing in this MOU intends to create a legally binding obligation between the parties or the obligation of appropriated funds. Any activities under this MOU that contemplate future funding by the parties will be carried out under a separate agreement under which the obligation of funds is appropriate. In general, each party is expected to bear the costs of its participation in this MOU.

If a devolution event occurs, both parties will determine the appropriate source of funding for carrying out its designated activities in furtherance of this agreement.

ENTIRETY

This MOU represents the entire agreement of the Parties with respect to the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral, with respect to the subject matter of this MOU.

EFFECTIVE DATE

This MOU will become effective on the date of the last signatory to the agreement.

MODIFICATIONS

It is understood and agreed that the Parties may revise or modify this MOU by written amendment hereto, provided such revisions or modification are mutually agreed upon.

TERMINATION

This MOU is entered into voluntarily by all Parties and may be modified by mutual consent of authorized officials from FDA and CDC. This MOU may be terminated by either party with sixty (60) days advance written notice.

APPROVALS

For the Food and Drug Administration:

/s/
Nikole Smith
Acting Director, Office of Security and Passport Operations (OSPO)
Food and Drug Administration
Date: 02/05/2026

For the Centers for Disease Control and Prevention:

/s/
Jeffery Williams
Director, Office of Safety, Security, and Asset Management
Centers for Disease Control and Prevention
Date: 02/05/2026

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