‘‘(D) 
MATERIAL
PARTICIPATION.—Any 
person (including any individual) whom the 
Secretary finds materially participated in acts 
that were the basis for a conviction for an of-
fense described in paragraph (1) or (2) of sub-
section (a) or in subparagraph (A), (B)(i), or 
(C) of this subsection for which a conviction 
was obtained, if the Secretary finds, on the 
basis of such participation and other informa-
tion, that such individual has demonstrated a 
pattern of conduct sufficient to find that there 
is reason to believe that such person may vio-
late requirements under this Act or subpart 1 
of part F of title III of the Public Health Serv-
ice Act relating to drug products.’’. 
(d) ADDITIONAL DEBARMENT CONSIDERATION.— 
Paragraph (3) of subsection (c) of section 306 of the Fed-
eral Food, Drug, and Cosmetic Act (21 U.S.C. 
335a(c)(3)) is amended— 
(1) by striking ‘‘and’’ at the end of subpara-
graph (E); 
(2) by striking the period at the end of sub-
paragraph (F) and inserting ‘‘, and’’; and 
(3) by adding at the end the following new sub-
paragraph: 
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‘‘(G) whether debarment of the person will 
affect the public health because sufficient quan-
tities of the drug product would not be avail-
able.’’. 
(e) EFFECTIVE DATES.—Paragraph (2) of section 
306(l) of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 335a(l)) is amended by striking the phrase ‘‘oc-
curred more than 5 years before’’ each place such phrase 
appears and inserting ‘‘occurred more than 1 year before’’. 
(f) ANNUAL REPORT.—Section 306 of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 335a) is 
amended by adding at the end the following: 
‘‘(o) ANNUAL REPORT.—Each year, the Secretary 
shall submit a report to the Congress on implementation 
of this section. Each such report shall identify— 
‘‘(1) debarment proceedings mandated under 
subsection (a) or (m); 
‘‘(2) debarment proceedings initiated under 
subsection (a), (b), or (m); 
‘‘(3) the status of debarment proceedings so ini-
tiated or pending from a previous year; 
‘‘(4) debarments imposed under this section; 
and 
‘‘(5) debarments declined under this section.’’. 
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(g) CONFORMING AMENDMENTS.—Section 306 of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 335a) 
is amended— 
(1) in subsections (a)(2)(B) and (h)(1)(A), by 
striking ‘‘this Act’’ and inserting ‘‘this Act or sub-
part 1 of part F of title III of the Public Health 
Service Act’’; 
(2) in subsection (b)(2)(A)(i)(II), by striking 
‘‘the date of the enactment of this section’’ and in-
serting ‘‘May 13, 1992’’; 
(3) in subsection (b)(4), by striking ‘‘clause (iii) 
or (iv) of paragraph (2)(B)’’ and inserting ‘‘subpara-
graph (B)(ii) or (D) of paragraph (2)’’; 
(4) in subsection (c)(1)(A), by striking ‘‘sub-
section (a)(1) or (b)(2)(A)’’ and inserting ‘‘sub-
section (a)(1) or (b)(1)(A)’’; 
(5) in subsection (c)(1)(B), by striking ‘‘sub-
section (a)(2) or (b)(2)(B)’’ and inserting ‘‘sub-
section (a)(2) or (b)(1)(B)’’; 
(6) in subsection (d)(3)(A)(i), by striking ‘‘or 
paragraph (2)(A) or (3) of subsection (b)’’ and in-
serting ‘‘subparagraph (A) or (C) of subsection 
(b)(1)’’; 
(7) in subsection (d)(3)(B)(i), by striking 
‘‘clause (i), (ii), (iii), or (iv) of subsection (b)(2)(B) 
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or subsection (b)(3)’’ and inserting ‘‘subparagraph 
(B) or (C) of subsection (b)(1)’’; 
(8) in subsection (d)(3)(B)(ii), by striking 
‘‘under subsection (b)(2)(B) or subsection (b)(3)’’ 
and inserting ‘‘under subparagraph (B) or (C) of 
subsection (b)(1)’’; 
(9) in subsection (j)(2), by striking ‘‘clause (iii) 
or (iv) of subsection (b)(2)(B)’’ and inserting ‘‘sub-
paragraph (B)(ii) or (D) of subsection (b)(2)’’; and 
(10) in subsection (l)(2)— 
(A) by striking ‘‘clauses (i) and (ii) of sub-
section (b)(2)(B)’’ and inserting ‘‘subpara-
graphs (B)(i) and (C) of subsection (b)(2)’’; 
(B) by striking ‘‘Clauses (iii) and (iv) of 
subsection (b)(2)(B)’’ and inserting ‘‘Subpara-
graphs (B)(ii) and (D) of subsection (b)(2)’’; 
and 
(C) by striking ‘‘Clause (iv) of subsection 
(b)(2)(B)’’ and inserting ‘‘Subparagraph (B)(ii) 
of subsection (b)(2)’’. 
Æ 
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