(a) In generalIn addition to any other personnel authorities under other provisions of law, the Secretary may, without regard to the provisions of title 5 governing appointments in the competitive service, appoint employees to positions in the Food and Drug Administration to perform, administer, or support activities described in subsection (b), if the Secretary determines that such appointments are needed to achieve the objectives specified in subsection (c).
(b) Activities describedThe activities described in this subsection are—(1) activities under this chapter related to the process for the review of device applications (as defined in section 379i(9) of this title); and
(2) activities under this chapter related to human generic drug activities (as defined in section 379j–41 of this title).
(c) Objectives specifiedThe objectives specified in this subsection are—(1) with respect to the activities under subsection (b)(1), the goals referred to in section 379j–1(a)(1) of this title; and
(2) with respect to the activities under subsection (b)(2), the goals referred to in section 379j–43(a) of this title.
(d) Internal controlsThe Secretary shall institute appropriate internal controls for appointments under this section.
(e) SunsetThe authority to appoint employees under this section shall terminate on the date that is 3 years after July 9, 2012.
Structure US Code
CHAPTER 9— FEDERAL FOOD, DRUG, AND COSMETIC ACT
SUBCHAPTER VII— GENERAL AUTHORITY
Part A— General Administrative Provisions
§ 371. Regulations and hearings
§ 372. Examinations and investigations
§ 374a. Inspections relating to food allergens
§ 376. Examination of sea food on request of packer; marking food with results; fees; penalties
§ 379. Confidential information
§ 379a. Presumption of existence of jurisdiction
§ 379b. Consolidated administrative and laboratory facility
§ 379d. Automation of Food and Drug Administration
§ 379d–1. Conflicts of interest
§ 379d–2. Policy on the review and clearance of scientific articles published by FDA employees
§ 379d–3. Streamlined hiring authority
§ 379d–3a. Hiring authority for scientific, technical, and professional personnel
§ 379d–3b. Strategic Workforce Plan and report
§ 379d–4. Reporting requirements
§ 379d–5. Guidance document regarding product promotion using the Internet