[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4232 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 4232

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 a drug, biological product, or device 
and from profiting from a drug, biological product, or device, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 1, 2024

   Mr. Vance introduced the following bill; which was read twice and 
               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 a drug, biological product, or device 
and from profiting from a drug, biological product, or device, 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 A DRUG, BIOLOGICAL PRODUCT, 
              OR DEVICE.

    (a) Prohibition Against Service on Boards of Entities.--Title 18, 
United States Code, is amended by inserting after 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 a drug, biological product, 
              or device.
    ``(a) Definitions.--In this section:
            ``(1) Biological product.--The term `biological product' 
        has the meaning given such term in section 351(i) of the Public 
        Health Service Act (42 U.S.C. 262(i)).
            ``(2) 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.
            ``(3) Device; drug.--The terms `device' and `drug' have the 
        meanings given those terms in section 201 of the Federal Food, 
        Drug, and Cosmetic Act (21 U.S.C. 321).
            ``(4) 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 any 
                position 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 a drug, biological 
                product, or device.
    ``(b) Prohibition Against Service by Former Employees of Covered 
Health Agencies on Boards of Entities Involved in Development and 
Research of a Drug, Biological Product, or Device.--Any person who is a 
top official of a covered health agency of the United States, and who, 
within 8 years after the termination of the service or employment of 
the top official with the United States, serves as an officer or member 
of the board of any association, corporation, or entity that directly 
manufactures or researches a drug, biological product, or device shall 
be punished as provided in section 216 of this title.
    ``(c) Prohibition Against Profiting From a Drug, Biological 
Product, or Device by Former Employees of Covered Health Agencies 
Involved in the Approval of Related Grant Applications.--Any person who 
is a former Federal employee of a covered health agency who profits 
from a drug, biological product, or device if such employee at any 
point during the course of service or employment with the United States 
was directly involved in determining whether a grant application for 
such drug, biological product, or device was approved shall be subject 
to a civil penalty of $250,000 and imprisoned for not more than five 
years nor less than one year.''.
    (b) Penalties and Injunctions.--Section 216(a) of title 18, United 
States Code, is amended, in the matter preceding paragraph (1), by 
inserting ``207A,'' after ``207,''.
    (c) 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 a 
                            drug, biological product, or device.''.
    (d) Effective Date.--Except as provided in subsection (d), 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.
    (e) Special Rule for Certain Former Federal Employees of Covered 
Health Agencies.--
            (1) Application.--Section 207A(c) of title 18, United 
        States Code, as added by subsection (a), shall apply to an 
        individual who at any point served or was employed with the 
        United States.
            (2) Compliance period.--With respect to the prohibition 
        under section 207A(c) of title 18, United States Code, as added 
        by subsection (a), the compliance period for a former Federal 
        employee whose service or employment with the United States 
        terminated prior to the date of enactment of this Act shall be 
        6 months from such date of enactment.

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

    Section 208 of title 18 is amended by adding at the end the 
following:
    ``(e) Prohibition Against Ownership or Financial Interest in 
Certain Patents.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Biological product.--The term `biological 
                product' has the meaning given such term in section 
                351(i) of the Public Health Service Act (42 U.S.C. 
                262(i)).
                    ``(B) Covered patent.--The term `covered patent' 
                means a patent issued by the United States for a drug, 
                biological product, or device.
                    ``(C) Device; drug.--The terms `device' and `drug' 
                have the meanings given those terms in section 201 of 
                the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
                321).
                    ``(D) 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 any position 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 a drug, biological product, or 
                        device.
            ``(2) In general.--A person who is a top official may not 
        submit an application for a covered patent (or be included in 
        the application for a covered patent)--
                    ``(A) in the case of a drug, biological product, or 
                device invented by the person during the course of 
                employment as a top official, at any point during 
                employment as a top official; and
                    ``(B) in the case of a drug, biological product, or 
                device invented by the person outside the course of 
                employment as a top official, at any point during 
                employment as a top official.
            ``(3) Disclosure.--
                    ``(A) Requirement as of date of enactment of the 
                fauci act.--A person who is a top official or a spouse 
                of a top official on the date of enactment of the FAUCI 
                Act shall disclose not later than 180 days after the 
                date of enactment of such Act any ownership of, or any 
                rights or interest in, a covered patent.
                    ``(B) Requirement after date of enactment of the 
                fauci act.--A person who is a top official or a spouse 
                of a top official after the date of enactment of the 
                FAUCI Act shall disclose not later than 90 days after 
                becoming a top official or the spouse of a top official 
                any ownership of, or any rights or interest in, a 
                covered patent.''.
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