PUBLIC LAW 100-607—NOV. 4, 1988

102 STAT. 3121

(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.
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.	21 USC 393.
"(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 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 Commis-
sioner, 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 pro-
grams 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
devices in carrying out this Act;	development.
"(D) conducting educational and public information pro-
grams 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 appoint-
ments in the competitive service and without regard to the provi-
sions 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 use 393 note.