§393. 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 referred to as the "Administration").

(b) Commissioner

(1) Appointment

There shall be in the Administration a 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 executing this chapter and 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 devices in carrying out this chapter;

(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 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 this chapter, 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.

(June 25, 1938, ch. 675, §903, as added Nov. 4, 1988, Pub. L. 100–607, title V, §503(a), 102 Stat. 3121 ; amended Nov. 18, 1988, Pub. L. 100–690, title II, §2631, 102 Stat. 4244 .)

References in Text

The provisions of title 5 governing appointments in the competitive service, referred to in subsec. (c), are classified generally to section 3301 et seq. of Title 5, Government Organization and Employees.

Codification

Another section 903 of the Federal Food, Drug, and Cosmetic Act was renumbered section 904 and is classified to section 394 of this title.

Amendments

1988-Subsec. (b)(2). Pub. L. 100–690 substituted "shall be responsible for executing this chapter and for "shall be responsible".

Effective Date

Section 503(c) of title V of Pub. L. 100–607 provided that:

"(1) Except as provided in paragraph (2), the amendments made by this title [enacting this section and amending sections 5315 and 5316 of Title 5, Government Organization and Employees] shall take effect on the date of enactment of this Act [Nov. 4, 1988].

"(2) Section 903(b)(1) of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 393(b)(1)] (as added by subsection (a) of this section) shall apply to the appointments of Commissioners of Food and Drugs made after the date of enactment of this Act."

Management Activities Study

Pub. L. 102–571, title II, §205, Oct. 29, 1992, 106 Stat. 4502 , directed Comptroller General to conduct a study of management of activities of the Food and Drug Administration that are related to dietary supplements of vitamins, minerals, herbs, or other similar nutritional substances and submit an interim report to Congress, not later than 6 months after Oct. 29, 1992, with a final report to be submitted not later than 12 months after Oct. 29, 1992.

Congressional Findings

Section 502 of Pub. L. 100–607 provided that: "Congress finds that-

"(1) the public health has been effectively protected by the presence of the Food and Drug Administration during the last eighty years;

"(2) the presence and importance of the Food and Drug Administration must be guaranteed; and

"(3) the independence and integrity of the Food and Drug Administration need to be enhanced in order to ensure the continuing protection of the public health."