Sec. 2285. Hiring authority for scientific, technical, and professional personnel
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The Federal Food, Drug, and Cosmetic Act is amended by inserting after section 714 ( 21 U.S.C. 379d–3 ) the following: The Secretary may, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, appoint qualified candidates to scientific, technical, or professional positions within the following centers of the Food and Drug Administration: The Center for Drug Evaluation and Research. The Center for Biologics Evaluation and Research.
The Center for Devices and Radiological Health. 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, United States Code, and consistent with the requirements of paragraph (2), the Secretary may determine and fix— the annual rate of pay of any individual appointed under subsection (a); and for purposes of retaining qualified employees, the annual rate of pay for any highly qualified scientific, technical, or professional personnel appointed to a position at any of the centers listed under subsection
(a)before the date of enactment of this section. The annual rate of pay established pursuant to paragraph
(1)may not exceed the annual rate of pay of the President. Not later than September 30, 2021, the Secretary shall submit a report to Congress that examines the extent to which the authority to appoint and retain personnel under this section enhanced the Food and Drug Administration’s ability to meet the agency's critical need for highly qualified individuals for scientific, technical, or professional positions. The report under paragraph
(1)shall include the recommendations of the Secretary on— whether the authority to appoint personnel under this section should be reauthorized; and other personnel authorities that would help the Food and Drug Administration to better recruit and retain highly qualified individuals for scientific, technical, or professional positions in the agency’s medical product centers. . The authority provided by section 714A of the Federal Food, Drug, and Cosmetic Act (as added by subsection (a)) shall not be construed to affect the authority provided under section 714 of such Act.
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- 21 USC 379d–3
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Sec. 2285
Hiring authority for scientific, technical, and professional personnel
Cite21 USC 379d–3
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