Title 42, The Public Health and WelfareRelease 119-110

§289b–1 Protection Against Financial Conflicts of Interest in Certain Projects of Research

Title 42 › CHAPTER 6A — PUBLIC HEALTH SERVICE › SUBCHAPTER III — NATIONAL RESEARCH INSTITUTES › Part H — General Provisions › § 289b–1

Last updated Sep 22, 2026|Official source

Summary

Create rules that say when a person or organization has a money tie that could bias a research project. The rules must apply the same to everyone doing clinical research paid for by the Secretary that tests the safety or effectiveness of a drug, device, or treatment. The Secretary must also set standards for how to handle those money ties — manage them, reduce them, or remove them — and groups can use their own procedures to follow those standards. Any group that asks for that funding must promise it has a system to find money ties, will tell the Secretary about any found ties and how they will be handled, and will follow the rules. The Secretary will check that these systems are in place and working. If a group fails to follow the rules, the Secretary will require the group to disclose the money tie in every public report of the research and may take other actions. Definitions: financial interest — includes consulting fees or honoraria and ownership of stock or equity. Assistance — means a grant, contract, or cooperative agreement.

Full Legal Text

Title 42, §289b–1

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Issuance of regulations
The Secretary shall by regulation define the specific circumstances that constitute the existence of a financial interest in a project on the part of an entity or individual that will, or may be reasonably expected to, create a bias in favor of obtaining results in such project that are consistent with such financial interest. Such definition shall apply uniformly to each entity or individual conducting a research project under this chapter. In the case of any entity or individual receiving assistance from the Secretary for a project of research described in subsection (b), the Secretary shall by regulation establish standards for responding to, including managing, reducing, or eliminating, the existence of such a financial interest. The entity may adopt individualized procedures for implementing the standards.
(b)Relevant projects
A project of research referred to in subsection (a) is a project of clinical research whose purpose is to evaluate the safety or effectiveness of a drug, medical device, or treatment and for which such entity is receiving assistance from the Secretary.
(c)Identifying and reporting to Secretary
The Secretary shall by regulation require that each entity described in subsection (a) that applies for assistance under this chapter for any project described in subsection (b) submit in or with its application for such assistance—
(1)assurances satisfactory to the Secretary that such entity has established and has in effect an administrative process under subsection (a) to identify financial interests (as defined under subsection (a)) that exist regarding the project; and
(2)an agreement that the entity will report to the Secretary such interests identified by the entity and how any such interests identified by the entity will be managed or eliminated in order that the project in question will be protected from bias that may stem from such interests; and
(3)an agreement that the entity will comply with regulations issued under this section.
(d)Monitoring of process
The Secretary shall monitor the establishment and conduct of the administrative process established by an entity pursuant to subsection (a).
(e)Response
In any case in which the Secretary determines that an entity has failed to comply with subsection (c) regarding a project of research described in subsection (b), the Secretary—
(1)shall require that, as a condition of receiving assistance, the entity disclose the existence of a financial interest (as defined under subsection (a)) in each public presentation of the results of such project; and
(2)may take such other actions as the Secretary determines to be appropriate.
(f)Definitions
For purposes of this section: (1)
(2)The term “assistance”, with respect to conducting a project of research, means a grant, contract, or cooperative agreement.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Regulations

Final rule for

Regulations

required in this section to be issued not later than 180 days after June 10, 1993, see section 165 of Pub. L. 103–43, set out as a note under section 289b of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 289b–1

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110