FDA keeps reviewing drugs during shutdowns—but companies must pay up after.
H.R. 9635 — Getting Innovations to Patients During Shutdowns Act · Filed by Kevin Mullin (D-CA) · Introduced Jul 9, 2026 · Referred to committee
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What it does
This bill allows the FDA to continue reviewing drug and device applications during government shutdowns even if companies haven't paid their application fees yet, but requires them to pay within 7 days after the shutdown ends or their applications are rejected. It keeps the FDA's review process moving during budget lapses without forgiving fees or letting incomplete applications slip through.
Why we flagged it
The bill's core function is procedural: it preserves FDA review capacity during appropriations lapses by deferring fee collection temporarily. It is not a substantive deregulation, subsidy, or immunity grant—it is a shutdown-continuity measure.
What the text implies
- The 7-day post-shutdown payment deadline may create cash-flow pressure on smaller biotech firms with limited liquidity, potentially favoring larger companies with deeper reserves.
- By allowing FDA review to proceed without upfront fees during shutdowns, the bill implicitly shifts the risk of non-payment to the FDA (and taxpayers), though the fee-collection mechanism is preserved.
The full analysis lists 3 implications of this text.
Who stands to gain
pharmaceutical companies; medical device manufacturers; biotech firms with pending FDA submissions