SUBCHAPTER IX - MISCELLANEOUS
§ 391. Separability clause.
If any provision of this chapter is declared unconstitutional, or the
applicability thereof to any person or circumstances is held invalid, the
constitutionality of the remainder of the chapter and the applicability thereof
to other persons and circumstances shall not be affected thereby.
§ 392. Exemption of meats and meat food products.
- (a) Law determinative of exemption
Meats and meat food products shall be exempt from the provisions of this
chapter to the extent of the application or the extension thereto of the Meat
Inspection Act, approved March 4, 1907, as amended (21 U.S.C. 601 et seq.).
Nothing contained in this chapter shall be construed as in any way
affecting, modifying, repealing, or superseding the provisions of section 351 of
Public Health Service Act (42 U.S.C. 262) (relating to viruses, serums, toxins,
and analogous products applicable to man); the virus, serum, toxin, and
analogous products provisions, applicable to domestic animals, of the Act of
Congress approved March 4, 1913 (21 U.S.C. 151 et seq.); the Filled Cheese Act
of June 6, 1896 (U.S.C., 1934 ed., title 26, ch. 10), the Filled Milk Act of
March 4, 1923 (21 U.S.C. 61 et seq.); or the Import Milk Act of February 15,
1927 (21 U.S.C. 141 et seq.).
§ 393. Food and Drug Administration.
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
- 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.
- 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.
§ 394. Scientific review groups.
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, the Commissioner of Food and Drugs may -
- (1) establish such technical and scientific review groups as are
needed to carry out the functions of the Food and Drug Administration (including
functions prescribed under this chapter); and
- (2) 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.
§ 395. Loan repayment program.
- (a) In general
- (1) Authority for program - Subject to paragraph (2), the
Secretary shall carry out a program of entering into contracts with
appropriately qualified health professionals under which such health
professionals agree to conduct research, as employees of the Food and Drug
Administration, in consideration of the Federal Government agreeing to repay,
for each year of such service, not more than $20,000 of the principal and
interest of the educational loans of such health professionals.
- (2) Limitation- The Secretary may not enter into an agreement with
a health professional pursuant to paragraph (1) unless such professional -
- (A) has a substantial amount of educational loans relative to income; and
- (B) agrees to serve as an employee of the Food and Drug Administration for
purposes of paragraph (1) for a period of not less than 3 years.
- (b) Applicability of certain provisions - With respect to the
National Health Service Corps Loan Repayment Program established in subpart III
of part D of title III of the Public Health Service Act (42 U.S.C. 254l et
seq.), the provisions of such subpart shall, except as inconsistent with
subsection (a) of this section, apply to the program established in such
subsection in the same manner and to the same extent as such provisions apply to
the National Health Service Corps Loan Repayment Program.
- (c) Authorization of appropriations - For the purpose of carrying
out this section, there are authorized to be appropriated such sums as may be
necessary for each of the fiscal years 1994 through 1996.
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