The Secretary may, notwithstanding title 5, governing appointments in the competitive service, appoint outstanding and qualified candidates to scientific, technical, or professional positions, including cross-cutting operational positions, that support the development, review, and regulation of medical products and the regulation of food and cosmetics. Such positions shall be within the competitive service.
Notwithstanding any other provision of law, including any requirement with respect to General Schedule pay rates under subchapter III of chapter 53 of title 5, and consistent with the requirements of paragraph (2), the Commissioner of Food and Drugs may determine and set-
The annual rate of pay established pursuant to paragraph (1) may not exceed the amount of annual compensation (excluding expenses) specified in section 102 of title 3.
The annual rate of pay provided to an individual in accordance with this section shall be publicly available information.
The authorities under this section shall not be construed to affect the authority provided under section 379d-3 of this title.
Not later than 18 months after December 29, 2022, the Secretary shall submit a report on workforce planning to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives that includes-
The report under paragraph (1) may include the recommendations of the Commissioner of Food and Drugs that would help the Food and Drug Administration to better recruit and retain qualified individuals for scientific, technical, or professional positions at the agency.
21 U.S.C. § 379d-3a
EDITORIAL NOTES
AMENDMENTS2022-Subsec. (a). Pub. L. 117-328, §3624(1), inserted ",including cross-cutting operational positions," after "professional positions" and "and the regulation of food and cosmetics" after "medical products".Subsec. (d)(1). Pub. L. 117-328, §3624(2)(A), in introductory provisions, substituted "December 29, 2022" for "December 13, 2016" and "that includes" for "that examines the extent to which the Food and Drug Administration has a critical need for qualified individuals for scientific, technical, or professional positions, including".Subsec. (d)(1)(A). Pub. L. 117-328, §3624(2)(B), inserted "updated" before "analysis" and substituted semicolon for ";and".Subsec. (d)(1)(B). Pub. L. 117-328, §3624(2)(D), added subpar. (B). Former subpar. (B) redesignated (C). Subsec. (d)(1)(C). Pub. L. 117-328, §3624(2)(C), (E), redesignated subpar. (B) as (C) and substituted "an updated recruitment" for "a recruitment" in introductory provisions.