Page:United States Statutes at Large Volume 121.djvu/923

 121 STAT. 902

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PUBLIC LAW 110–85—SEPT. 27, 2007 ‘‘(bb) the sum of the respective numbers determined under item (aa) (referred to in this subparagraph as the ‘‘total number of 2007 meeting slots’’); and ‘‘(II)(aa) for each meeting held by any advisory committee during fiscal year 2007, the number of members who received an exception for the meeting; and ‘‘(bb) the sum of the respective numbers determined under item (aa) (referred to in this subparagraph as the ‘‘total number of 2007 meeting exceptions’’). ‘‘(iii) DETERMINATION OF PERCENTAGE REGARDING EXCEPTIONS DURING FISCAL YEAR 2007.—The Secretary shall determine the percentage constituted by— ‘‘(I) the total number of 2007 meeting exceptions; divided by ‘‘(II) the total number of 2007 meeting slots. ‘‘(iv) LIMITATION FOR FISCAL YEARS 2008 THROUGH 2012.—The number of exceptions at the Food and Drug Administration for members of advisory committees for a fiscal year may not exceed the following: ‘‘(I) For fiscal year 2008, 95 percent of the percentage determined under clause (iii) (referred to in this clause as the ‘‘base percentage’’). ‘‘(II) For fiscal year 2009, 90 percent of the base percentage. ‘‘(III) For fiscal year 2010, 85 percent of the base percentage. ‘‘(IV) For fiscal year 2011, 80 percent of the base percentage. ‘‘(V) For fiscal year 2012, 75 percent of the base percentage. ‘‘(v) ALLOCATION OF EXCEPTIONS.—The exceptions authorized under clause (iv) for a fiscal year may be allocated within the centers or other organizational units of the Food and Drug Administration as determined appropriate by the Secretary. ‘‘(3) DISCLOSURE OF WAIVER.—Notwithstanding section 107(a)(2) of the Ethics in Government Act (5 U.S.C. App.), the following shall apply: ‘‘(A) 15 OR MORE DAYS IN ADVANCE.—As soon as practicable, but (except as provided in subparagraph (B)) not later than 15 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, 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 paragraph (2)(B) applies, the Secretary shall disclose (other than information exempted from disclosure under section 552 of title 5, United States Code, and section 552a of title 5, United States Code (popularly known as the Freedom of Information Act and the Privacy Act of 1974, respectively)) on the Internet Web site of the Food and Drug Administration— ‘‘(i) the type, nature, and magnitude of the financial interests of the advisory committee member to

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