[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S5118-S5119]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2887. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle H of title X, add the following:

     SEC. 1095. ROYALTY TRANSPARENCY ACT.

       (a) Short Title.--This section may be cited as the 
     ``Royalty Transparency Act''.
       (b) Financial Disclosure Reports of Executive Branch 
     Employees.--
       (1) Individuals required to file.--
       (A) In general.--Section 13103 of title 5, United States 
     Code, is amended--
       (i) in subsection (f)--

       (I) in paragraph (11), by striking ``; and'' and inserting 
     a semicolon;
       (II) in paragraph (12), by striking the period and 
     inserting ``; and''; and
       (III) by adding at the end the following:

       ``(13) any member of--
       ``(A) the National Science Advisory Board for Biosecurity;
       ``(B) the Advisory Committee on Immunization Practices;
       ``(C) the Advisory Commission on Childhood Vaccines;
       ``(D) the National Vaccine Advisory Committee;
       ``(E) the Vaccines and Related Biological Products Advisory 
     Committee;
       ``(F) the Defense Science Board;
       ``(G) the Board of Scientific Advisors of the National 
     Cancer Institute;
       ``(H) the Homeland Security Science and Technology Advisory 
     Committee;
       ``(I) the Medical Review Board Advisory Committee;
       ``(J) the President's Council of Advisors on Science and 
     Technology; or
       ``(K) any other advisory committee, as defined in section 
     1001, including a successor to a committee described in this 
     paragraph, that the Government Accountability Office 
     determines, in accordance with subsection (j)--
       ``(i) makes recommendations relating to public health to an 
     agency or the President; and
       ``(ii) has had any recommendation fully or partially 
     implemented during the 10 years preceding the 
     determination.''; and
       (ii) by adding at the end the following:
       ``(j) Determination Regarding Advisory Committees.--Not 
     later than 180 days after the date of enactment of the 
     Royalty Transparency Act, and annually thereafter, the 
     Government Accountability Office shall publish a list of each 
     advisory committee that the Government Accountability Office 
     determines--
       ``(1) makes recommendations relating to public health to an 
     agency or the President; and
       ``(2) has had any recommendation fully or partially 
     implemented during the 10 years preceding the 
     determination.''.
       (B) Sunset.--Effective on the date that is 5 years after 
     the date of enactment of this section, section 13103 of title 
     5, United States Code, as amended by this section, is 
     amended--
       (i) in subsection (f)(13), by striking subparagraph (K) and 
     inserting the following:
       ``(K) a successor to a committee described in subparagraphs 
     (A) through (J) of this paragraph.''; and
       (ii) by striking subsection (j).
       (2) Notification of waiver.--
       (A) Title 5.--Section 13103(i) of title 5, United States 
     Code, is amended--
       (i) by redesignating paragraphs (1) through (4) as 
     subparagraphs (A) through (D), respectively, and adjusting 
     the margins accordingly;
       (ii) in the matter preceding subparagraph (A), as so 
     redesignated, by striking ``the supervising ethics office 
     determines'' and inserting ``the supervising ethics office--
       ``(1) determines'';
       (iii) in subparagraph (D), as so redesignated, by striking 
     the period at the end and inserting ``; and''; and
       (iv) by adding at the end the following:
       ``(2) provides notification of such waiver to the Committee 
     on Homeland Security and Governmental Affairs of the Senate 
     and the Committee on Oversight and Accountability of the 
     House of Representatives.''.
       (B) Title 18.--Section 208 of title 18, United States Code, 
     is amended by adding at the end the following:
       ``(e) Any exemption--
       ``(1) granted under paragraph (1) or (3) of subsection (b) 
     shall be immediately reported to the Committee on Homeland 
     Security and Governmental Affairs of the Senate and the 
     Committee on Oversight and Accountability of the House of 
     Representatives, including a detailed justification for 
     granting the waiver; or
       ``(2) granted under subpart (C) of part 2640 of title 5 of 
     the Code of Federal Regulations, or any successor regulation, 
     shall be immediately reported to the Committee on Homeland 
     Security and Governmental Affairs of the Senate and the 
     Committee on Oversight and Accountability of the House of 
     Representatives, including a detailed justification for 
     granting the waiver.''.
       (3) Contents of reports.--Section 13104(a)(1) of title 5, 
     United States Code, is amended--
       (A) in subparagraph (A), by inserting ``, subject to 
     subparagraph (C)'' after ``employment by the United States 
     Government''; and
       (B) by inserting after subparagraph (B) the following:
       ``(C) Royalties received by government employees and 
     committee filers.--Notwithstanding section 12(c) of the 
     Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
     3710a(c)) and section 209 of title 35, if the reporting 
     individual is an officer or employee in the executive branch 
     (including a special Government employee, as defined in 
     section 202 of title 18), or an individual described in 
     section 13103(f)(13), the original source and amount or value 
     of any royalties received by the reporting individual, the 
     spouse of the reporting individual, or a dependent child of 
     the reporting individual during the reporting period 
     described in subsection (d) or (e) of section 13103, as 
     applicable, that were received as a result of an invention 
     developed by the reporting individual in the course of 
     employment of the reporting individual with the United States 
     Government, including any royalty interest payment made under 
     the Federal Technology Transfer Act of 1986 (Public Law 99-
     502; 100 Stat. 1785), an amendment made by such Act, or any 
     other applicable authority.''.
       (4) Review of reports.--Section 13107(b) of title 5, United 
     States Code, is amended--
       (A) in paragraph (1)--
       (i) in the first sentence, by inserting ``and shall, in the 
     case of an agency or office and notwithstanding section 12 of 
     the Stevenson-Wydler Technology Act of 1980 (15 U.S.C. 3710a) 
     and section 209 of title 35, publish such report on the 
     internet website of the agency or office, as the case may 
     be'' after ``to any person requesting such inspection or 
     copy''; and
       (ii) in the second sentence--

       (I) by inserting ``, notwithstanding section 12 of the 
     Stevenson-Wydler Technology Act of 1980 (15 U.S.C. 3710a) and 
     section 209 of title 35,'' after ``such report shall''; and
       (II) by inserting ``and, in the case of an agency or 
     office, published on the internet website of the agency or 
     office, as the case may be,'' after ``made available for 
     public inspection'';

       (B) by striking paragraph (2) and the matter following 
     paragraph (2);
       (C) by redesignating paragraph (3) as paragraph (2); and
       (D) by adding at the end the following:
       ``(3) Procedure for releasing reports to members of 
     congress.--Notwithstanding any other provision of law, not 
     later than 30 days after receiving a request from a Member of 
     Congress, any agency or supervising ethics office in the 
     executive branch shall furnish to the Member of Congress a 
     copy of any report submitted under subsection (b), which 
     shall be unredacted, except with respect to social security 
     numbers.''.
       (5) Confidential reports and other additional 
     requirements.--Section 13109 of title 5, United States Code, 
     is amended--
       (A) by redesignating subsections (b) and (c) as subsections 
     (f) and (g), respectively; and
       (B) by inserting after subsection (a) the following:
       ``(b) Royalties Received by Confidential Filers.--
     Notwithstanding section 12(c) of the Stevenson-Wydler 
     Technology Innovation Act of 1980 (15 U.S.C. 3710a(c)) and 
     section 209 of title 35, the information required to be 
     reported under this section shall include the original source 
     and amount or value of any royalties received by the 
     reporting individual, or the spouse or any dependent child of 
     the reporting individual, that were received as a result of 
     an invention, including any royalty interest payment made 
     under the Federal Technology Transfer Act of 1986 (Public Law 
     99-502; 100 Stat. 1785), an amendment made by such Act, or 
     any other applicable authority.

[[Page S5119]]

       ``(c) Procedure for Releasing Reports to Members of 
     Congress.--Notwithstanding any other provision of law, not 
     later than 30 days after receiving a request from a Member of 
     Congress, any agency or supervising ethics office in the 
     executive branch shall furnish to the Member of Congress a 
     copy of any report submitted under subsection (a), which 
     shall be unredacted, except with respect to social security 
     numbers, home addresses, phone numbers, email addresses, and 
     the personally identifiable information of dependents.
       ``(d) Reports.--Not later than 60 days after the date of 
     enactment of the Royalty Transparency Act, and each year 
     thereafter, the head of each agency shall submit to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Oversight and Accountability 
     of the House of Representatives a report relating to 
     confidential financial disclosures of officers and employees 
     under the jurisdiction of such agency for the preceding 
     fiscal year, which shall include--
       ``(1) the number of individuals who filed such disclosures 
     with the agency under this section, including, if applicable, 
     the subcomponent of the agency that has jurisdiction over the 
     individual and the reason for filing confidentially;
       ``(2) the number of special Government employees, as 
     defined in section 202 of title 18, that are required to file 
     confidential financial disclosure reports with the agency 
     under this section; and
       ``(3) any additional information determined to be relevant 
     by the Director of the Office of Government Ethics after 
     consultation with the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Oversight and Accountability of the House of Representatives.
       ``(e) Public Disclosure of Royalties Received by Certain 
     Federal Employees.--
       ``(1) Definition.--For the purposes of this subsection, the 
     term `covered individual' means an individual who--
       ``(A) is required to file a confidential financial 
     disclosure report under this section; and
       ``(B) reports receiving a royalty interest under subsection 
     (b).
       ``(2) Requirement.--Not later than 180 days after the date 
     of enactment of the Royalty Transparency Act, and annually 
     thereafter, each agency shall publish a report on the 
     internet website of the agency, listing--
       ``(A) the names of all covered individuals; and
       ``(B) the original source and amount or value of any 
     royalties reported under this section by each covered 
     individual.''.
       (c) Preventing Organizational Conflicts of Interest in 
     Federal Acquisition.--
       (1) In general.--The Federal Acquisition Regulatory Council 
     and the Office of Management and Budget shall, as 
     appropriate, enact or update any regulation necessary to 
     ensure that conflict of interest reviews for prospective 
     contractors or grantees include reviews of royalties paid to 
     prospective contractors or grantees in the preceding calendar 
     year.
       (2) Ongoing reviews.--Not later than 1 year after the date 
     of enactment of this section, and each year thereafter, each 
     agency conducting any conflict of interest review described 
     in subsection (a) shall report to the Committee on Homeland 
     Security and Governmental Affairs of the Senate and the 
     Committee on Oversight and Accountability of the House of 
     Representatives on the number of identified cases of 
     potential conflict of interest related to royalty payments 
     and the steps taken to mitigate those cases.
       (d) Severability.--If any provision of this section, an 
     amendment made by this section, or the application of such 
     provision or amendment to any person or circumstance is held 
     to be unconstitutional, the remainder of this section and the 
     amendments made by this section, and the application of the 
     provision or the amendment to any other person or 
     circumstance, shall not be affected.
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