PUBLIC LAW 110–85—SEPT. 27, 2007
121 STAT. 901
for the appointment, so as to reduce the likelihood that an appointed individual will later require a written determination as referred to in section 208(b)(1) of title 18, United States Code, a written certification as referred to in section 208(b)(3) of title 18, United States Code, or a waiver as referred to in subsection (c)(2) of this section for service on the committee at a meeting of the committee. ‘‘(c) DISCLOSURES; PROHIBITIONS ON PARTICIPATION; WAIVERS.— ‘‘(1) DISCLOSURE OF FINANCIAL INTEREST.—Prior to a meeting of an advisory committee regarding a ‘particular matter’ (as that term is used in section 208 of title 18, United States Code), each member of the committee who is a fulltime Government employee or special Government employee shall disclose to the Secretary financial interests in accordance with subsection (b) of such section 208. ‘‘(2) PROHIBITIONS AND WAIVERS ON PARTICIPATION.— ‘‘(A) IN GENERAL.—Except as provided under subparagraph (B), a member of an advisory committee may not participate with respect to a particular matter considered in an advisory committee meeting if such member (or an immediate family member of such member) has a financial interest that could be affected by the advice given to the Secretary with respect to such matter, excluding interests exempted in regulations issued by the Director of the Office of Government Ethics as too remote or inconsequential to affect the integrity of the services of the Government officers or employees to which such regulations apply. ‘‘(B) WAIVER.—If the Secretary determines it necessary to afford the advisory committee essential expertise, the Secretary may grant a waiver of the prohibition in subparagraph (A) to permit a member described in such subparagraph to— ‘‘(i) participate as a non-voting member with respect to a particular matter considered in a committee meeting; or ‘‘(ii) participate as a voting member with respect to a particular matter considered in a committee meeting. ‘‘(C) LIMITATION ON WAIVERS AND OTHER EXCEPTIONS.— ‘‘(i) DEFINITION.—For purposes of this subparagraph, the term ‘exception’ means each of the following with respect to members of advisory committees: ‘‘(I) A waiver under section 505(n)(4) (as in effect on the day before the date of the enactment of the Food and Drug Administration Amendments Act of 2007). ‘‘(II) A written determination under section 208(b) of title 18, United States Code. ‘‘(III) A written certification under section 208(b)(3) of such title. ‘‘(ii) DETERMINATION OF TOTAL NUMBER OF MEMBERS SLOTS AND MEMBER EXCEPTIONS DURING FISCAL YEAR 2007.—The Secretary shall determine—
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‘‘(I)(aa) for each meeting held by any advisory committee during fiscal year 2007, the number of members who participated in the meeting; and
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