[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9708 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 9708

To amend title 18, United States Code, to prohibit former employees of 
covered health agencies from serving on the board of entities involved 
    in development and research of covered vaccines, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 3, 2023

 Mr. Gohmert introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend title 18, United States Code, to prohibit former employees of 
covered health agencies from serving on the board of entities involved 
    in development and research of covered vaccines, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fixing Administrations Unethical 
Corrupt Influence Act'' or the ``FAUCI Act''.

SEC. 2. PROHIBITION AGAINST SERVICE BY FORMER EMPLOYEES OF COVERED 
              HEALTH AGENCIES ON BOARDS OF ENTITIES INVOLVED IN 
              DEVELOPMENT AND RESEARCH OF VACCINES.

    (a) Prohibition Against Service on Boards of Entities.--Title 18, 
United States Code, is amended by inserting after section 207 the 
following new section:
``Sec. 207A. Prohibition against service by former employees of covered 
              health agencies on boards of entities involved in 
              development and research of vaccines.
    ``(a) Prohibition Against Service by Former Employees of Covered 
Health Agencies on Boards of Entities Involved in Development and 
Research of Vaccines.--Any person who is a top official of a covered 
health agency of the United States, and who, after the termination of 
his or her service or employment with the United States, serves as an 
officer or member of the board of any association, corporation, or 
entity that directly manufactures or researches covered vaccines shall 
be punished as provided in section 216 of this title.
    ``(b) Definitions.--In this section:
            ``(1) Covered health agency.--The term `covered health 
        agency' means any of the following:
                    ``(A) The National Institutes of Health.
                    ``(B) The Food and Drug Administration.
                    ``(C) The Centers for Disease Control and 
                Prevention.
            ``(2) Covered vaccines.--The term `covered vaccine' means--
                    ``(A) a vaccine licensed under section 351 of the 
                Public Health Service Act; or
                    ``(B) a vaccine authorized for emergency use under 
                section 564 of the Federal Food, Drug, and Cosmetic 
                Act.
            ``(3) Top official.--The term `top official' means--
                    ``(A) any officer or employee in the executive 
                branch who occupies a position classified at or above 
                GS-13 of the General Schedule or, in the case of 
                positions not under the General Schedule, for which the 
                rate of basic pay is equal to or greater than the 
                minimum rate of basic pay payable for GS-13 of the 
                General Schedule; or
                    ``(B) any employee of the Federal Government who 
                directly or indirectly has input or any authority to 
                determine or help determine the authorization for use 
                or emergency use authorization of vaccines.''.
    (b) Table of Chapters.--Chapter of 11 of title 18, United States 
Code, is amended by inserting after the item relating to section 207 
the following:

``Sec. 207A. Prohibition against service by former employees of covered 
                            health agencies on boards of entities 
                            involved in development and research of 
                            vaccines.''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to an individual whose service or employment with 
the United States terminates on or after the date of the enactment of 
this Act.

SEC. 3. PROHIBITION AGAINST OWNERSHIP OR FINANCIAL INTEREST IN CERTAIN 
              PATENTS.

    (a) Amendment.--Section 208 of title 18 is amended by adding at the 
end the following new subsection:
    ``(e) Prohibition Against Ownership or Financial Interest in 
Certain Patents.--
            ``(1) In general.--A person who is a top official may not 
        own or profit from a covered patent (or any right or interest 
        in a covered patent), submit an application for a covered 
        patent, (or be included in the application for a covered 
        patent)--
                    ``(A) in the case of a vaccine or medical treatment 
                invented by the person during the course of employment 
                as a top official, at any point after becoming a top 
                official;
                    ``(B) in the case of a vaccine or medical treatment 
                invented by the person before or outside the course of 
                employment as a top official, at any point after 
                becoming a top official;
                    ``(C) in the case of a covered patent for which the 
                top official was issued a patent before or outside the 
                course of employment as a top official, at any point 
                after becoming a top official; and
                    ``(D) in the case of a covered patent owned by the 
                top official or a covered patent in which the top 
                official has any right or interest in before the course 
                of employment as a top official, at any point after 
                becoming a top official.
            ``(2) Assignment of prior patents.--
                    ``(A) In general.--To comply with paragraph (1), a 
                person who is a top official may assign grant, or 
                convey ownership of a covered patent, or any rights or 
                interest in a covered patent, to another person, before 
                becoming a top official.
                    ``(B) After federal service.--In the case of a 
                covered patent described under paragraph (1)(A), any 
                rights or interest in the patent that are assigned, 
                granted, or conveyed under subparagraph (A), may not be 
                reassigned to the top official after such individual 
                ceases to be a top official.
            ``(3) Definitions.--In this subsection:
                    ``(A) Covered patent.--The term `covered patent' 
                means a patent issued by the United States for a 
                vaccine or medical treatment.
                    ``(B) Top official.--The term `top official' 
                means--
                            ``(i) Each officer or employee in the 
                        executive branch who occupies a position 
                        classified at or above GS-13 of the General 
                        Schedule or, in the case of positions not under 
                        the General Schedule, for which the rate of 
                        basic pay is equal to or greater than the 
                        minimum rate of basic pay payable for GS-13 of 
                        the General Schedule; or
                            ``(ii) any employee of the Federal 
                        Government who directly or indirectly has input 
                        or any authority to determine or help determine 
                        the authorization for use or emergency use 
                        authorization of vaccines.''.
    (b) Prior Patents.--
            (1) In general.--To comply with section 208 of title 18, 
        United States Code, as added by subsection (a), a top official 
        that owns, or is profiting from, any patent for a vaccine or 
        medical treatment (or any right or interest in such a patent), 
        may assign grant, or convey ownership of the patent, or any 
        rights or interest in the patent, to another person, not later 
        than 6 months after the date of the enactment of this Act.
            (2) After federal service.--In the case of patent described 
        under section 208(e)(1)(A) of title 18, United States Code, as 
        added by subsection (a), any rights or interest in the patent 
        that are assigned, granted, or conveyed under paragraph (1), 
        may not be reassigned, to the top official after such 
        individual ceases to be a top official.
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