21 U.S. Code § 379d–1 - Conflicts of interest
In the case of a financial interest that becomes known to the Secretary less than 30 days prior to a meeting of an advisory committee to which a written determination as referred to in section 208(b)(1) of title 18 or a written certification as referred to in section 208(b)(3) of such title applies, the Secretary shall disclose (other than information exempted from disclosure under section 552 or 552a of title 5) on the Internet Web site of the Food and Drug Administration, the information described in subparagraphs (A) and (B) of paragraph (1) as soon as practicable after the Secretary makes such determination or certification, but in no case later than the date of such meeting.
Not later than 30 days after submitting any report under paragraph (1) to the committees specified in such paragraph, the Secretary shall make each such report available to the public.
The Secretary shall issue guidance that describes how the Secretary reviews the financial interests and involvement of advisory committee members that are disclosed under subsection (c) but that the Secretary determines not to meet the definition of a disqualifying interest under section 208 of title 18 for the purposes of participating in a particular matter.
Section 107(a)(2) of the Ethics in Government Act of 1978, referred to in subsec. (c), is section 107(a)(2) of Pub. L. 95–521, which is set out in the Appendix to Title 5, Government Organization and Employees.
The Privacy Act of 1974, referred to in subsec. (c)(3)(A), is Pub. L. 93–579, Dec. 31, 1974, 88 Stat. 1896, which enacted section 552a of Title 5, Government Organization and Employees, and provisions set out as notes under section 552a of Title 5. For complete classification of this Act to the Code, see Short Title of 1974 Amendment note set out under section 552a of Title 5 and Tables.
2016—Subsec. (e)(1)(B). Pub. L. 114–255 substituted “service as members” for “services as members”.
2012—Subsecs. (b), (c). Pub. L. 112–144, § 1142(a)(1), added subsecs. (b) and (c) and struck out former subsecs. (b) and (c) which related to appointments to advisory committees and disclosures, prohibitions on participation, and waivers.
Subsec. (d). Pub. L. 112–144, § 1142(a)(2), substituted “subsection (c)” for “subsection (c)(3)”.
Subsec. (e). Pub. L. 112–144, § 1142(a)(3), amended subsec. (e) generally. Prior to amendment, subsec. (e) related to annual report.
Subsec. (f). Pub. L. 112–144, § 1142(a)(4), substituted “shall—” for “shall review guidance of the Food and Drug Administration regarding conflict of interest waiver determinations with respect to advisory committees and update such guidance as necessary.” and added pars. (1) and (2).
Subsec. (g). Pub. L. 112–144, § 1142(a)(5), added subsec. (g).
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