Page:United States Statutes at Large Volume 102 Part 4.djvu/151

 PUBLIC LAW 100-607—NOV. 4, 1988

102 STAT. 3121

(3) the independence and integrity of the Food and Drug Administration need to be enhemced in order to ensure the continuing protection of the public health. SEC. 503. ESTABLISHMENT OF ADMINISTRATION BY LAW. (a) ESTABLISHMENT.—Chapter IX of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 391 et seq.) is amended by adding at the end thereof the following new section: "SEC. 903. FOOD AND DRUG ADMINISTRATION. "(a) IN GENERAL.—There is established in the Department of Health and Human Services the Food and Drug Administration (hereinafter in this section referreu to as the "Administration").

21 USC 393.

"(b) COMMISSIONER.—

"(1) APPOINTMENT.—There shall be in the Administration a President of U.S. Commissioner of Food and Drugs (hereinafter in this section referred to as the "Commissioner") who shall be appointed by the President by and with the advice and consent of the Senate. "(2) GENERAL POWERS.—The Secretary, through the Commissioner, shall be responsible for— "(A) providing overall direction to the Food and Drug Administration and establishing and implementing general policies respecting the management and operation of programs and activities of the Food and Drug Administration; "(B) coordinating and overseeing the operation of all administrative entities within the Administration; "(C) research relating to foods, drugs, cosmetics, and Research and development. devices in carrying out this Act; "(D) conducting educational and public information programs relating to the responsibilities of the Food and Drug Administration; and "(E) performing such other functions as the Secretary may prescribe. "(c) TECHNICAL AND SCIENTIFIC REVIEW GROUPS.—The Secretary

through the Commissioner of Food and Drugs may, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, establish such technical and scientific review groups as are needed to carry out the functions of the Administration, including functions under the Federal Food, Drug, and Cosmetic Act, and appoint and pay the members of such groups, except that officers and employees of the United States shall not receive additional compensation for service as members of such groups.". (b) CONFORMING AMENDMENTS.—Title 5, United States Code, is amended— (1) in section 5316, by striking out the item relating to the Commissioner of Food and Drugs, Department of Health and Human Services; and (2) in section 5315, by adding at the end thereof the following new item: "Commissioner of Food and Drugs, Department of Health and Human Services". (c) EFFECTIVE DATE.—

21 USC 393 note.

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