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21 U.S.C. § 379d–3bStrategic Workforce Plan and report

submitted 88 years ago by Pub. L. 117-328 to r/title-21-FOOD-AND-DRUGS · 655 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law makes the FDA write a Strategic Workforce Plan every 4 years, starting by September 30, 2023. The plan must set goals for hiring, training, and keeping FDA workers, and track progress toward those goals. It must also cover COVID-19's effect on the FDA's workforce in 2023.

(a) By September 30, 2023, and then at least every 4 years after that, the Secretary of Health and Human Services must write a plan. It's called the Food and Drug Administration Strategic Workforce Plan. The Secretary must send it to the right congressional committees. The Secretary must also post it on the FDA's website. The plan explains how the FDA will find, hire, train, grow, and keep the workers it needs. It should help different FDA centers work together. It should help the FDA keep up with new science and technology. It should help the FDA develop, review, and regulate medical products. (b) Each FDA center must make its own strategic plan. Centers must update these plans when needed. Each center's plan must be guided by the Strategic Workforce Plan from part (a). (c) Every Strategic Workforce Plan must do five things. First, it must set agency-wide goals for recruiting, hiring, training, developing, and keeping workers. Second, it must list specific actions the Secretary will take to reach those goals in coming years. Third, it must name the challenges and risks the Secretary expects, and explain how the Secretary will handle them. Fourth, it must set up ways to measure progress toward the goals. Fifth, it must describe what the workforce can do now, what gaps exist, and how to fix them. (d) When writing each plan, the Secretary must think about six things. First, how many employees — including senior leaders — can retire soon, what they're expert in, and which center they work for. Second, how often employees leave or how many jobs are empty, broken down by skill type and center, and whether these numbers are changing. Third, results from the Federal Employee Viewpoint Survey, and how those results are changing. Fourth, how much different jobs pay — even different specialists in the same field — and how pay affects the FDA's ability to reach its goals. Fifth, which hiring rules the FDA uses to hire people, and how long each one takes. Sixth, any other useful information the Secretary thinks matters. (e) Every plan after the first one must look back. It must show the progress made, measured against the goals set in part (c). It must also say whether the FDA's actions after the last plan actually made it better at reaching its goals. (f) The plan written in fiscal year 2023 has one more job. It must cover how COVID-19 affected FDA hiring and worker retention. It must address other pandemic-related workforce problems too, including how to protect workers during public health emergencies.
the actual law source: uscode.house.gov ↗public domain
(a) In general

Not later than September 30, 2023, and at least every 4 years thereafter, the Secretary shall develop, begin implementation of, and submit to the appropriate committees of Congress and post on the website of the Food and Drug Administration, a coordinated strategy and report to provide direction for the activities and programs of the Secretary to recruit, hire, train, develop, and retain the workforce needed to fulfill the public health mission of the Food and Drug Administration, including to facilitate collaboration across centers, to keep pace with new biomedical, technological, and scientific advancements, and support the development, review, and regulation of medical products. Each such report shall be known as the “Food and Drug Administration Strategic Workforce Plan”.

(b) Use of the Food and Drug Administration Strategic Workforce Plan

Each center within the Food and Drug Administration shall develop and update, as appropriate, a strategic plan that will be informed by the Food and Drug Administration Strategic Workforce Plans developed under subsection (a).

(c) Contents of the Food and Drug Administration Strategic Workforce Plan

Each Food and Drug Administration Strategic Workforce Plan under subsection (a) shall—

(1)

include agency-wide human capital strategic goals and priorities for recruiting, hiring, training, developing, and retaining a qualified workforce for the Food and Drug Administration;

(2)

establish specific actions the Secretary will take to achieve such strategic goals and priorities and address the workforce needs of the Food and Drug Administration in the forthcoming fiscal years;

(3)

identify challenges and risks the Secretary will face in meeting its strategic goals and priorities, and the actions the Secretary will take to overcome those challenges and mitigate those risks;

(4)

establish performance measures, benchmarks, or other elements that the Secretary will use to measure and evaluate progress in achieving such strategic goals and priorities and the effectiveness of such strategic goals and priorities; and

(5)

define functions, capabilities, and gaps in such workforce and identify strategies to recruit, hire, train, develop, and retain such workforce.

(d) Considerations

In developing each Food and Drug Administration Strategic Workforce Plan under subsection (a), the Secretary shall consider—

(1)

the number of employees (including senior leadership and non-senior leadership employees) eligible for retirement, the expertise of such employees, and the employing center of such employees;

(2)

the vacancy and turnover rates for employees with different types of expertise and from different centers, including any changes or trends related to such rates;

(3)

the results of the Federal Employee Viewpoint Survey for employees of the Food and Drug Administration, including any changes or trends related to such results;

(4)

rates of pay for different types of positions, including rates for different types of expertise within the same field (such as differences in pay between different medical specialists), and how such rates of pay impact the ability of the Secretary to achieve the strategic goals and priorities described in subsection (c);

(5)

the statutory hiring authorities used to hire Food and Drug Administration employees, and the time to hire across different hiring authorities; and

(6)

any other timely and relevant information, as the Secretary determines appropriate.

(e) Evaluation of progress

Each Food and Drug Administration Strategic Workforce Plan issued pursuant to subsection (a), with the exception of the first such Food and Drug Administration Strategic Workforce Plan, shall include an evaluation of—

(1)

the progress the Secretary has made, based on the performance measures, benchmarks, and other elements that measure successful recruitment, hiring, training, development, and retention activities; and

(2)

whether actions taken in response to the Plan improved the capacity of the Food and Drug Administration to achieve the strategic goals and priorities described in subsection (c)(1).

(f) Additional considerations

The Food and Drug Administration Strategic Workforce Plan issued in fiscal year 2023 shall address the effect of the COVID–19 pandemic on hiring, retention, and other workforce challenges for the Food and Drug Administration, including protecting such workforce during public health emergencies.

Source credit: (June 25, 1938, ch. 675, § 714B, as added Pub. L. 117–328, div. FF, title III, § 3623, Dec. 29, 2022, 136 Stat. 5878.)

history & why it existsrecord from the source credit
  • 1938Enacted · Pub. L. 117-328 · 136 Stat. 5878

A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-328 on 1938-06-25.

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