US lawmakers pass stopgap measure to keep government open for another 45 days

US lawmakers were able to pull off a last-minute miracle on 30 September by passing a continuing resolution (CR) to prevent a government shutdown, which would have forced the Food and Drug Administration (FDA) to furlough at least one-fifth of its staff.

Congressional leaders have bought themselves 45 days to strike a budget deal before the CR runs out, but the political fight is far from over.

While all indications pointed to an inevitable government shutdown come 1 October, House Speaker Rep. Kevin McCarty (R-CA), offered a last-minute stopgap funding bill on 30 September that continues to fund the government until mid-November. The CR passed the House by 335-91 and was quickly adopted by the Senate a few hours later.

“I went to bed Friday night thinking a shutdown was inevitable,” Steven Grossman, executive director for the Alliance for a Stronger FDA, told Focus. “However, I had also previously written on behalf of the Alliance that ‘It is in the nature of these kinds of disagreements that the resolution and timing are opaque until they happen. It is possible that a shutdown can be avoided at the last moment.’ So, I was not completely taken by surprise when a colleague emailed me on Saturday to say that a CR was likely to pass.”

Just about a week ago, FDA published its contingency plan for staff if the government were to shut down. The agency said it would initially have to furlough 19% of its workers but would at least temporarily keep 64% of its staff who are considered exempt from appropriations because they are funded through the executive branch, carryover user fees, Working Capital Fund, or COVID-19 supplemental funding. Another 17% of FDA staff would have been allowed to keep working because they are considered critical to address imminent health threats, are needed to protect property, or are authorized to continue working as their roles are related to other necessary work (RELATED: FDA could furlough nearly one-fifth of staff by Sunday, Regulatory Focus 25 September 2022)

If lawmakers fail to reach a final budget deal before the stopgap measure expires and a government shutdown goes into effect, Grossman said that the contingency plan won’t change significantly.

“What was released was an FY 24 shutdown plan, not a first week in October plan,” Grossman said. “The default is that the plan will remain the same unless some specific circumstance requires that it be updated. Changes are possible, maybe even likely, but they will be situational rather than any change in the fundamentals.”

Grossman also noted that there is a significant political battle ahead as Democrats and Republicans wrangle over issues such as spending on the war in Ukraine, social services, defense, and more general funding of government agencies, such as FDA. He said the most visible and easiest way to look at the fight is to compare the top-line spending differences between what House Republicans have offered and what the Senate, which is barely in Democratic control, is seeking.

Grossman praised lawmakers for preventing a government shutdown, which would have significant consequences not just for FDA and its staff, but for the US economy.

“Bravo for a crisis averted,” Grossman said. “Please remember that [political] brinksmanship has its cost, even when a shutdown is averted. The best and most productive workplaces are ones that provide the most stability and constancy for their employees.”

US lawmakers pass stopgap measure to keep government open for another 45 days

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