---
kind: "section"
citation: "21 U.S.C. § 379d–3a"
title: "21"
title_heading: "Food and Drugs"
number: "379d–3a"
heading: "Hiring authority for scientific, technical, and professional personnel"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/21/379d-3a"
units:
  - "Chapter 9 — Federal Food, Drug, and Cosmetic Act"
  - "Subchapter VII — General Authority"
  - "Part A — General Administrative Provisions"
---

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

- (a) **In general—** The [Secretary](/usc/21/321.md?p=d) may, notwithstanding [title 5](/usc/5.md), 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](/usc/21/360eee.md?p=13) and the regulation of [food](/usc/21/321.md?p=f) and [cosmetics](/usc/21/321.md?p=i). 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](/usc/5/chptIII/sptD/ch53.md) of title 5, and consistent with the requirements of [paragraph (2)](#b-2), the [Commissioner](/usc/21/321.md?p=ee) of [Food](/usc/21/321.md?p=f) and [Drugs](/usc/21/321.md?p=g-1) may determine and set—
    - (A) the annual rate of pay of any individual appointed under [subsection (a)](#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)](#a) before December 13, 2016.
  - (2) **Limitation—** The annual rate of pay established pursuant to [paragraph (1)](#b-1) may not exceed the amount of annual compensation (excluding expenses) specified in [section 102 of title 3](/usc/3/102.md).
  - (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](/usc/21/379d–3.md).
- (d) **Report on workforce planning—**
  - (1) **In general—** Not later than 18 months after December 29, 2022, the [Secretary](/usc/21/321.md?p=d) 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](/usc/21/360hh.md?p=4) of the House of Representatives that includes—
    - (A) an updated analysis of the workforce needs at the [Food](/usc/21/321.md?p=f) and [Drug](/usc/21/321.md?p=g-1) Administration and the [Secretary](/usc/21/321.md?p=d)’s strategic plan for addressing such needs, including through use of the authority under this section;
    - (B) an analysis of how the [Secretary](/usc/21/321.md?p=d) has used the authorities provided under this section, and a plan for how the [Secretary](/usc/21/321.md?p=d) will use the authority under this section, and other applicable hiring authorities, for employees of the [Food](/usc/21/321.md?p=f) and [Drug](/usc/21/321.md?p=g-1) 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](/usc/21/321.md?p=d).
  - (2) **Recommendations—** The report under [paragraph (1)](#d-1) may include the recommendations of the [Commissioner](/usc/21/321.md?p=ee) of [Food](/usc/21/321.md?p=f) and [Drugs](/usc/21/321.md?p=g-1) that would help the [Food](/usc/21/321.md?p=f) and [Drug](/usc/21/321.md?p=g-1) Administration to better recruit and retain qualified individuals for scientific, technical, or professional positions at the agency.

## Source credit

(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.)

## Notes

### 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.