### §379d–3a. Hiring authority for scientific, technical, and professional personnel

#### (a) In general

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.

#### (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, 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 December 13, 2016.

#### (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.

#### (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 379d–3 of this title.

#### (d) Report on workforce planning

#### (1) In general

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—

(A) an updated 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;

(B) an analysis of how the Secretary has used the authorities provided under this section, and a plan for how the Secretary will use the authority under this section, and other applicable hiring authorities, for employees of the Food and Drug Administration; and

(C) an updated 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.

(June 25, 1938, ch. 675, §714A, as added Pub. L. 114–255, div. A, title III, §3072(a), Dec. 13, 2016, 130 Stat. 1134; amended Pub. L. 117–328, div. FF, title III, §3624, Dec. 29, 2022, 136 Stat. 5879.)

#### **Editorial Notes**

#### Amendments

2022—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.