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  1. Science Board to the Food and Drug Administration

Charter of the Science Board to the Food and Drug Administration

Authority

The Science Board to the Food and Drug Administration (the Committee) was established under 15 U.S.C.1451 et seq.; 21 U.S.C. 321, 341, 342, 343, 343-1, 344, 345, 346, 348, 349, 350, 350a, 351, 352, 353(f), 355, 360b, 360c-j, 371, 375, 376, 378, 379e, 381, 393, 394, 881(b); 42 U.S.C. 217a, 241, 242, 242a, 262, 264; 21 CFR Part 14, 330.10(a); and is governed by Pub. L. 92-463, the Federal Advisory Committee Act, as amended (5 U.S.C. App. 2).

Objectives and Scope of Activities

The Committee advises the Commissioner of Food and Drugs or designee in discharging responsibilities as they relate to helping to ensure safe and effective drugs for human use and as required, any other product for which the Food and Drug Administration (FDA) has regulatory responsibility.

Description of Duties

The Committee shall provide advice to the Commissioner and other appropriate officials on specific complex scientific and technical issues important to FDA and its mission, including emerging issues within the scientific community. Additionally, the Committee will provide advice that supports the Agency in keeping pace with technical and scientific developments, including in regulatory science; and input into the Agency’s research agenda; and on upgrading its scientific and research facilities and training opportunities. It will also provide, where requested, expert review of Agency-sponsored intramural and extramural scientific research programs.

Agency or Official to Whom the Committee Reports

The Committee provides advice to the Commissioner of Food and Drugs.

Support

Management and support services shall be provided by the Office of the Commissioner.

Estimated Annual Operating Costs and Staff Years

The estimated annual cost for operating the Committee, including compensation and travel expenses for members but excluding staff support, is $79,322. The estimated person years of staff support required is 0.3, at an estimated annual cost of $61,661.

Designated Federal Officer

FDA will select a fulltime or permanent part-time Federal employee to serve as the Designated Federal Officer (DFO) to attend each Committee meeting and ensure that all procedures are within applicable statutory, regulatory, and HHS General Administration Manual directives.  The DFO will approve and prepare all meeting agendas, call all the Committee and subcommittee meetings, adjourn any meeting when the DFO determines adjournment to be in the public interest and chair meetings when directed to do so by the official to whom the Committee reports.  The DFO shall be present at all meetings of the full committee and subcommittees.

Estimated Number and Frequency of Meetings

Meetings shall be held approximately two times a year.  Meetings shall be open to the public except as determined otherwise by the Commissioner or designee in accordance with the Government in the Sunshine Act (5 U.S.C. 552b(c)) and the Federal Advisory Committee Act.  Notice of all meetings shall be given to the public. 

Duration

Continuing

Termination

Unless renewed by appropriate action the Science Board will terminate two years from the date the charter is filed.

Membership and Designation

The Committee shall consist of a core of 21 voting members including a Chair and Co-Chair.  The members, Chair and Co-Chair are selected by the Commissioner or designee from among authorities knowledgeable in the fields of food science, safety, and nutrition; chemistry; pharmacology; translational and clinical medicine and research; toxicology; biostatistics; medical devices; imaging; robotics; cell and tissue based products; regenerative medicine; public health and epidemiology; international health and regulation; product safety;  product manufacturing sciences and quality; and other scientific areas relevant to FDA regulated products such as systems biology, informatics, nanotechnology, and combination products. 

Members will be invited to serve for overlapping terms of up to four years.  Non-Federal members of this committee will serve as Special Government Employees, representatives, or Ex-Officio members.  Federal members will serve as Regular Government Employees or Ex-Officios. The core of voting members may include 1 technically qualified member, selected by the Commissioner or designee, who is identified with consumer interests and is recommended by either a consortium of consumer-oriented organizations or other interested persons. The Committee may also include technically qualified federal members.

The Commissioner or designee shall have the authority to select members of other scientific and technical FDA advisory committees (normally not to exceed 10 members) to serve temporarily as voting members and to designate consultants to serve temporarily as voting members when: (1) expertise is required that is not available among current voting standing members of the Committee (when additional voting members are added to the Committee to provide needed expertise, a quorum will be based on the combined total of regular and added members), or (2) to comprise a quorum when, because of unforeseen circumstances, a quorum is or will be lacking.  Because of the size of the Committee and the variety in the types of issues that it will consider, FDA may, in connection with a particular committee meeting, specify a quorum that is less than a majority of the current voting members. The Agency's regulations (21 CFR §14.22(d)) authorize a committee charter to specify quorum requirements.

If functioning as a medical device panel, an additional non-voting representative of consumer interests and an additional non-voting representative member of industry interests will be included in addition to the voting members.

Subcommittee

Temporary subcommittees consisting of two or more Committee members may be established by the Commissioner or designee as needed to address specific issues within their respective areas of expertise. 

Subcommittees make preliminary recommendations to the full Committee regarding specific issues for subsequent action by the full Committee.  The Department Committee Management Officer shall be notified upon establishment of each subcommittee, and shall be provided information on its name, membership, function, and estimated frequency of meetings.  Subcommittees must report back to the parent committee and must not provide advice or work products directly to the agency.

Recordkeeping

Meetings of the Committee and its subcommittees will be conducted according to the Federal Advisory Committee Act, other applicable laws and Departmental policies.  Committee and subcommittee records will be handled in accordance with General Records Schedule 6.2, Federal Advisory Committee Records or other approved agency records disposition schedule.  These records will be available for public inspection and copying, subject to the Freedom of Information Act, 5 U.S.C. 552.

Filing Date

June 26, 2022

Approved

Date: June 14, 2022

/s/

Russell Fortney
Director, Advisory Committee Oversight and Management Staff
 

 
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