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2026-07-06 10:51:44 -04:00

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LegalText 21 U.S.C. § 379d3 Streamlined hiring authority us united_states_code code_section 21 FOOD AND DRUGS 9 FEDERAL FOOD, DRUG, AND COSMETIC ACT 379d3 21 U.S.C. § 379d3 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc21@119-100.zip /us/usc/t21/s379d3 data/legal/raw/us/code/title-21/usc21.xml 05c3c7be3017034567a17b96126207dccecf36150fdaeab49eb4c95e7ddad3e7 3dbd7a61c8616baefb8459bd8dac3b93242106deb416308c8d4dd5a9143176d1 f8fdabf5d139a6a39ec63e029c0b00855ee0e53d6ba32c681b254da1c5ba2069 2026-07-04 official
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21 U.S.C. § 379d3 - Streamlined hiring authority

Text

(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) 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 379j41 of this title).

(c) Objectives specified The objectives specified in this subsection are—

(1) with respect to the activities under subsection (b)(1), the goals referred to in section 379j1(a)(1) of this title; and

(2) with respect to the activities under subsection (b)(2), the goals referred to in section 379j43(a) of this title.

(d) Internal controls The Secretary shall institute appropriate internal controls for appointments under this section.

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

(June 25, 1938, ch. 675, § 714, as added and amended Pub. L. 112144, title II, § 208, title III, § 307, July 9, 2012, 126 Stat. 1007, 1025; Pub. L. 11552, title II, § 202(b), Aug. 18, 2017, 131 Stat. 1013.)

Notes

Editorial Notes

Amendments2017—Subsec. (b)(1). Pub. L. 11552 substituted “379i(9)” for “379i(8)”. 2012—Subsec. (b). Pub. L. 112144, § 307(1), 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 section 379i(8) of this title).” Subsec. (c). Pub. L. 112144, § 307(2), 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 section 379j1(a)(1) of this title.”

Statutory Notes and Related Subsidiaries

Effective Date of 2017 AmendmentAmendment by Pub. L. 11552 effective Oct. 1, 2017, with fees under subpart 3 of part C of this subchapter to be assessed for all submissions listed in section 379j(a)(2)(A) of this title received on or after Oct. 1, 2017, see section 209 of Pub. L. 11552, set out as a note under section 379i of this title.

Effective Date of 2012 AmendmentAmendment by section 307 of Pub. L. 112144 effective Oct. 1, 2012, see section 305 of Pub. L. 112144, set out as an Effective and Termination Dates note under section 379j41 of this title.

Effective DateSection effective Oct. 1, 2012, see section 206 of Pub. L. 112144, set out as an Effective Date of 2012 Amendment note under section 379i of this title.