Shutdown Becomes a Near-Certainty: Your Questions Answered
Q: How likely is a shutdown?
A: The leading Republican position in the House–which does not yet have full caucus support– is a Continuing Resolution through October with massive short-term cuts and substantive and partisan border security provisions. None of that has even the remotest possibility of passing the Senate.
On that basis, a shutdown is virtually certain and it is impossible (at this moment) to foresee how Congress will ever pass FY 24 funding bills.
Q: Is there any way to avoid an October 1 shutdown?
A: Given the massive differences and the narrowing window, only a month-long CR with a standstill agreement could avoid a shutdown on October 1. That is the way Congress usually buys itself time to resolve differences in funding bills.
However, that approach has been thoroughly dismissed by the faction of House Republicans who have, in effect, said: we would rather close the government than vote for a CR.
Q: Have HHS and FDA released the FY 24 HHS and FDA plans for contingency staffing in the case of a government shutdown?
A: Yes. Thursday night (September 21) as we were putting the finishing touches on Friday Update. The plan is very similar to the FY 23 plan in that: 19% of the FDA workforce will be furloughed while 81% will be able to perform their responsibilities under one or another category of exception.
The HHS materials are at FY 2024 HHS Contingency Staffing Plan. The FDA portion is at FY 2024 FDA Contingency Staffing Plan.
Today, we released a more complete analysis as part of the Alliance’s FDA Shutdown Tool Kit. If you receive Friday Update you will receive that when it is completed today.
Q: To what extent does the shutdown plan recognize FDA’s unique set of responsibilities that affect every American multiple times each day?
A: The FY 24 HHS Contingency Staff Plan is similar to the FY 23 plan that we have had more time to analyze. In both plans, 81% of the FDA workforce will be retained and 19% will be on furlough. The HHS-wide average is 42% furloughed and the Indian Health Service (which provides clinical care services and has an advanced appropriation for the first time) is the only operating division with a lower furlough rate than FDA.
Q: How do I stay informed about the potential for a shutdown and its impact?
A: The best source will be to read the Alliance’s FDA Shutdown Tool Kit, which will be linked shortly on our website's Media Page and Budget Documents Page. We are releasing the first edition today (September 22). We expect to update it on a regular basis until the threat of a shutdown has been eliminated.
You may want to bookmark the Alliance’s Shutdown Tool Kit pages (i.e., Media and Budget Documents).
Also, through the Alliance’s Friday Update, we will continue to provide information about Congressional action that affects FDA resources and its ability to carry out its responsibilities. We will try to avoid the “in the minute” news that is non-operative or obsolete within a few days (or sometimes a few hours).
If Friday Update did not come directly to your inbox, then contact Ben Dash to be added to our mailing list.
Editorial Note:
The Analysis and Commentary section is written by Steven Grossman, Executive Director of the Alliance for a Stronger FDA.