21 U.S.C. § 379d–3 | Streamlined hiring authority

(a)

In general

In 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 described

The activities described in this subsection are—

(1)

section 379i(9) of this title activities under this chapter related to the process for the review of device applications (as defined in ); and

(2)

section 379j–41 of this title activities under this chapter related to human generic drug activities (as defined in ).

(c)

Objectives specified

The objectives specified in this subsection are—

(1)

section 379j–1(a)(1) of this title with respect to the activities under subsection (b)(1), the goals referred to in ; and

(2)

section 379j–43(a) of this title with respect to the activities under subsection (b)(2), the goals referred to in .

(d)

Internal controls

The Secretary shall institute appropriate internal controls for appointments under this section.

(e)

Sunset

July 9, 2012The authority to appoint employees under this section shall terminate on the date that is 3 years after .

June 25, 1938, ch. 675, § 714 Pub. L. 112–144, title II, § 208July 9, 2012126 Stat. 1007 Pub. L. 115–52, title II, § 202(b)Aug. 18, 2017131 Stat. 1013(, as added and amended , title III, § 307, , , 1025; , , .)

Editorial Notes

Amendments

Pub. L. 115–522017—Subsec. (b)(1). substituted “379i(9)” for “379i(8)”.

Pub. L. 112–144, § 307(1)section 379i(8) of this title2012—Subsec. (b). , amended subsec. (b) generally. Prior to amendment, text read as follows: “The activities described in this subsection are activities under this chapter related to the process for the review of device applications (as defined in ).”

Pub. L. 112–144, § 307(2)section 379j–1(a)(1) of this titleSubsec. (c). , amended subsec. (c) generally. Prior to amendment, text read as follows: “The objectives specified in this subsection are with respect to the activities under subsection (b), the goals referred to in .”

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

Pub. L. 115–52Oct. 1, 2017section 379j(a)(2)(A) of this titleOct. 1, 2017section 209 of Pub. L. 115–52 section 379i of this titleAmendment by effective , with fees under subpart 3 of part C of this subchapter to be assessed for all submissions listed in received on or after , see , set out as a note under .

Effective Date of 2012 Amendment

section 307 of Pub. L. 112–144Oct. 1, 2012section 305 of Pub. L. 112–144 section 379j–41 of this titleAmendment by effective , see , set out as an Effective and Termination Dates note under .

Effective Date

Oct. 1, 2012section 206 of Pub. L. 112–144 section 379i of this titleSection effective , see , set out as an Effective Date of 2012 Amendment note under .