Sec. 3072. HIRING AUTHORITY FOR SCIENTIFIC, TECHNICAL, AND PROFESSIONAL PERSONNEL
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## SEC. 3072 HIRING AUTHORITY FOR SCIENTIFIC, TECHNICAL, AND PROFESSIONAL PERSONNEL ###
(a)In general The Federal Food, Drug, and Cosmetic Act is amended by inserting after section 714 (21 U.S.C. 379d-3) the following: > > ## “SEC. 714A HIRING AUTHORITY FOR SCIENTIFIC, TECHNICAL, AND PROFESSIONAL PERSONNEL > > **[**[21 U.S.C. 379d-3a](/us/usc/t21/s379d-3a)**]** > > > ### “(a) In general > > The Secretary may, notwithstanding title 5, United States Code, governing appointments in the competitive service, appoint outstanding and qualified candidates to scientific, technical, or professional positions that support the development, review, and regulation of medical products. Such positions shall be within the competitive service. > > > ### “(b) Compensation > > > #### “(1) In general > > 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 Commissioner of Food and Drugs may determine and set— > > > ##### “(A) > > the annual rate of pay of any individual appointed under subsection (a); and > > > ##### “(B) > > for purposes of retaining qualified employees, the annual rate of pay for any qualified scientific, technical, or professional personnel appointed to a position described in subsection
(a)before the date of enactment of the 21st Century Cures Act. > > > #### “(2) Limitation > > 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, United States Code. > > > #### “(3) Public availability > > The annual rate of pay provided to an individual in accordance with this section shall be publicly available information. > > > ### “(c) Rule of Construction > > The authorities under this section shall not be construed to affect the authority provided under section 714. > > > ### “(d) Report on Workforce Planning > > > #### “(1) In general > > Not later than 18 months after the date of enactment of the 21st Century Cures Act, 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 examines the extent to which the Food and Drug Administration has a critical need for qualified individuals for scientific, technical, or professional positions, including— > > > ##### “(A) > > an analysis of the workforce needs at the Food and Drug Administration and the Secretary’s strategic plan for addressing such needs, including through use of the authority under this section; and > > > ##### “(B) > > a recruitment and retention plan for hiring qualified scientific, technical, and professional candidates, which may include the use of— > > > ###### “(i) > > recruitment through nongovernmental recruitment or placement agencies; > > > ###### “(ii) > > recruitment through academic institutions; > > > ###### “(iii) > > recruitment or hiring bonuses, if applicable; > > > ###### “(iv) > > recruitment using targeted direct hiring authorities; and > > > ###### “(v) > > retention of qualified scientific, technical, and professional employees using the authority under this section, or other applicable authorities of the Secretary. > > > #### “(2) Recommendations > > 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.” > . ###
(b)GAO Study and Report ####
(1)In general The Comptroller General of the United States shall conduct a study of the ability of the Food and Drug Administration to hire, train, and retain qualified scientific, technical, and professional staff, not including contractors, necessary to fulfill the mission of the Food and Drug Administration to protect and promote public health. Not later than January 1, 2022, the Comptroller General shall submit a report on such study to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives. ####
(2)Contents of study The Comptroller General shall include in the study and report under paragraph (1)— #####
(A)information about the progress of the Food and Drug Administration in recruiting and retaining qualified scientific, technical, and professional staff outstanding in the field of biomedical research, clinical research evaluation, and biomedical product assessment; #####
(B)the extent to which critical staffing needs exist at the Food and Drug Administration, and barriers to hiring, training, and retaining qualified staff, if any; #####
(C)an examination of the recruitment and retention strategies of the Food and Drug Administration, including examining any strategic workforce plan, focused on improving scientific, technical, and professional staff recruitment and retention; and #####
(D)recommendations for potential improvements that would address staffing needs of the Food and Drug Administration.
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Sec. 3072
HIRING AUTHORITY FOR SCIENTIFIC, TECHNICAL, AND PROFESSIONAL PERSONNEL
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