188 
the Office of Orphan Product Development, the 
Office of Pediatric Therapeutics, and other of-
fices within the Food and Drug Administration 
with relevant expertise, shall develop and imple-
ment strategies on effective outreach to poten-
tial members of advisory committees at univer-
sities, colleges, other academic research centers, 
professional and medical societies, and patient 
and consumer groups. The Secretary shall seek 
input from professional medical and scientific 
societies to determine the most effective infor-
mational and recruitment activities. The Sec-
retary shall also take into account the advisory 
committees with the greatest number of vacan-
cies. 
‘‘(B) RECRUITMENT ACTIVITIES.—The re-
cruitment activities under subparagraph (A) 
may include— 
‘‘(i) advertising the process for becom-
ing an advisory committee member at med-
ical and scientific society conferences; 
‘‘(ii) making widely available, includ-
ing by using existing electronic commu-
nications channels, the contact information 
for the Food and Drug Administration 
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189 
point of contact regarding advisory com-
mittee nominations; and 
‘‘(iii) developing a method through 
which an entity receiving funding from the 
National Institutes of Health, the Agency 
for Healthcare Research and Quality, the 
Centers for Disease Control and Preven-
tion, or the Veterans Health Administra-
tion can identify a person who the Food 
and Drug Administration can contact re-
garding the nomination of individuals to 
serve on advisory committees. 
‘‘(2) EVALUATION AND CRITERIA.—When con-
sidering a term appointment to an advisory com-
mittee, the Secretary shall review the expertise of 
the individual and the financial disclosure report 
filed by the individual pursuant to the Ethics in 
Government Act of 1978 for each individual under 
consideration for the appointment, so as to reduce 
the likelihood that an appointed individual will later 
require a written determination as referred to in sec-
tion 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 waiv-
er as referred to in subsection (c)(3) of this section 
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for service on the committee at a meeting of the 
committee. 
‘‘(3) PARTICIPATION OF GUEST EXPERT WITH 
FINANCIAL INTEREST.—Notwithstanding any other 
provision of this section, an individual with a finan-
cial interest with respect to any matter considered 
by an advisory committee may be allowed to partici-
pate in a meeting of an advisory committee as a 
guest expert if the Secretary determines that the in-
dividual has particular expertise required for the 
meeting. An individual participating as a guest ex-
pert may provide information and expert opinion, 
but shall not participate in the discussion or voting 
by the members of the advisory committee. 
‘‘(c) GRANTING AND DISCLOSURE OF WAIVERS.— 
‘‘(1) IN GENERAL.—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 full-time Government employee or special 
Government employee shall disclose to the Secretary 
financial interests in accordance with subsection (b) 
of such section 208. 
‘‘(2) FINANCIAL INTEREST OF ADVISORY COM-
MITTEE MEMBER OR FAMILY MEMBER.—No member 
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