21 U.S.C. § 379d–3a — Hiring authority for scientific, technical, and professional personnel

This section gives the FDA a special way to hire and pay top scientific, technical, and professional staff. (a) In general. Despite title 5's usual rules for appointments in the competitive service, the Secretary may appoint outstanding, qualified candidates to scientific, technical, or professional positions — including cross-cutting operational positions — that support developing, reviewing, and regulating medical products, and regulating food and cosmetics. These positions remain within the competitive service. (b) Compensation. (1) Despite any other law, including General Schedule pay rules under subchapter III of chapter 53 of title 5, and following the limit in (2), the Commissioner of Food and Drugs may set the yearly pay for anyone appointed under (a), and — to help keep qualified staff — the yearly pay for qualified scientific, technical, or professional employees who were appointed to such a position before December 13, 2016. (2) That pay cannot go above the yearly compensation amount (not counting expenses) set out in section 102 of title 3. (3) The pay rate given to any individual under this section must be made public. (c) Rule of construction. This section's hiring power does not affect the separate hiring authority under section 379d–3 of this title. (d) Report on workforce planning. (1) No later than 18 months after December 29, 2022, the Secretary had to send a workforce-planning report to the Senate Health, Education, Labor, and Pensions Committee and the House Energy and Commerce Committee. The report had to include: an updated look at FDA's workforce needs and the Secretary's plan for meeting them, including through this section; an analysis of how the Secretary has used this section's authority, plus a plan for using it and other hiring authorities going forward; and an updated recruitment and retention plan, which could include recruiting through outside placement agencies, recruiting through academic institutions, recruitment or hiring bonuses, targeted direct-hire authorities, and retaining qualified staff using this section or other available authorities. (2) That report could also include the Commissioner's recommendations for helping the FDA recruit and retain qualified scientific, technical, and professional staff.