[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3206 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3206

   To amend the Federal Food, Drug, and Cosmetic Act with respect to 
     appointments to advisory committees and conflicts of interest.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 14, 2011

  Mr. Burgess (for himself, Mr. Cassidy, Mr. Bilbray, Mr. Gingrey of 
Georgia, Mr. Paulsen, Mr. Guthrie, Mrs. Blackburn, Mr. Shimkus, and Mr. 
    Latta) introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
   To amend the Federal Food, Drug, and Cosmetic Act with respect to 
     appointments to advisory committees and conflicts of interest.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cultivating Scientific Expertise to 
Foster Innovation for Patients Act of 2011''.

SEC. 2. CONFLICTS OF INTEREST.

    (a) Evaluation of Individual Appointments to Advisory Committees.--
Paragraph (2) of section 712(b) of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 379d-1(b)) is amended to read as follows:
            ``(2) Evaluation and criteria.--
                    ``(A) Purposes.--The purposes of this paragraph 
                are--
                            ``(i) to ensure that the Secretary has 
                        access to the most current expert advice; and
                            ``(ii) to promote scientific exchange and 
                        the use of sound science to guide Food and Drug 
                        Administration evaluations and decisionmaking.
                    ``(B) In general.--The Secretary shall ensure that 
                individual appointments to advisory committees are made 
                to promote scientific and technical expertise while at 
                the same time minimizing any potential conflicts of 
                interest.
                    ``(C) Considerations.--In making each such 
                appointment, the Secretary shall consider, with respect 
                to any financial interest constituting a potential 
                conflict of interest--
                            ``(i) the type of the financial interest;
                            ``(ii) the nature of the financial 
                        interest; and
                            ``(iii) the magnitude, expressed as a 
                        range, of the financial interest.
                    ``(D) No one factor dispositive.--No one factor 
                specified in clause (i), (ii), or (iii) of subparagraph 
                (C) shall be dispositive in the Secretary's evaluation 
                of a particular financial interest.''.
    (b) Elimination of Limitation on Certain Waivers and Exceptions.--
Section 712(c)(2) of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 379d-1(c)(2)) is amended by striking subparagraph (C).
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