21 U.S.C. § 360g-2 — Third party data transparency

(a) In general To the extent the Secretary relies on any data, analysis, or other information or findings provided by entities that has been funded in whole or in part by, or otherwise performed under contract with, the Food and Drug Administration , in regulatory decision-making with respect to devices, the Secretary shall— (1) request access to the datasets, inputs, clinical or other assumptions, methods, analytical code, results, and other components underlying or comprising the analysis, conclusions, or other findings upon which the Secretary seeks to rely; and (2) in the event that information described in paragraph (1) is used to support regulatory decision-making, and as otherwise appropriate, to the extent practicable, provide the manufacturer or manufacturers subject to such decision a summary of such information, subject to protection of confidential commercial information or trade secret information or personally identifiable information. (b) Report Not later than September 30, 2023 , and biennially thereafter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives , and publish on the website of the Food and Drug Administration , a report on the number of postmarket device signals communications issued by the Secretary, the sources of data for such signals, and how such signals were revised or resolved. (c) Rule of construction Nothing in this section shall be construed to require the delay of any regulatory decision-making or other action of the Food and Drug Administration . ( Pub. L. 117–328, div. FF, title III, § 3307 , Dec. 29, 2022 , 136 Stat. 5834 .) Editorial Notes Codification Section was enacted as part of the Food and Drug Omnibus Reform Act of 2022, and not as part of the Federal Food, Drug, and Cosmetic Act which comprises this chapter. Statutory Notes and Related Subsidiaries Definition of “Secretary” Secretary as used in this section means the Secretary of Health and Human Services, see section 3002 of div. FF of Pub. L. 117–328 , set out as a note under section 350a–1 of this title .

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