S.Amdt. 6117

SA 6117. Mr. PAUL submitted an amendment intended to be proposed by
him to the bill S. 4784, to authorize appropriations for fiscal year
2027 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 title X, add the following:

Subtitle H--Royalty Transparency Act

SEC. 1094. SHORT TITLE.

This subtitle may be cited as the ``Royalty Transparency
Act''.

SEC. 1095. FINANCIAL DISCLOSURE REPORTS OF EXECUTIVE BRANCH
EMPLOYEES.

(a) Individuals Required to File.--
(1) In general.--Section 13103 of title 5, United States
Code, is amended--
(A) in subsection (f)--

[[Page S3326]]

(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) except as provided in subsection (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
(B) 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.
``(k) Exception for Certain Members of Peer Review
Groups.--Subsection (f)(13)(K) shall not include a member of
an advisory committee if--
``(1) the advisory committee is a peer review group, as
defined in section 52h.2(k) of title 42, Code of Federal
Regulations, or any successor regulation, within the National
Institutes of Health;
``(2) for the applicable annual certification period, the
Director of the National Institutes of Health, or the
designee of the Director, in accordance with section 1096 of
the Royalty Transparency Act, certifies annually to the
Comptroller General of the United States, in such form and
manner as the Comptroller General may require, that the
National Institutes of Health has applied, with respect to
each such member, the requirements relating to recusal for
any actual or apparent conflict of interest under section
52h.5 of title 42, Code of Federal Regulations, or any
successor regulation, and maintains documentation sufficient
for review under section 1096 of the Royalty Transparency
Act; and
``(3) the member of the advisory committee is not a special
Government employee, as defined in section 202 of title 18,
United States Code.''.
(2) Sunset.--Effective on the date that is 5 years after
the date of enactment of this Act, section 13103 of title 5,
United States Code, as amended by this subtitle, is amended--
(A) 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
(B) by striking subsections (j) and (k), as added by
paragraph (1)(B).
(b) Notification of Waiver.--
(1) Title 5.--Section 13103(i) of title 5, United States
Code, is amended--
(A) by moving the matter preceding paragraph (1) two ems to
the left;
(B) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively;
(C) in the matter preceding subparagraph (A), as so
redesignated, by striking ``the supervising ethics office
determines'' and inserting ``the supervising ethics office--
``(1) determines'';
(D) in subparagraph (D), as so redesignated, by striking
the period at the end and inserting ``; and''; and
(E) by adding at the end the following:
``(2) provides notification of such waiver to the
Committees on Homeland Security and Governmental Affairs and
Commerce, Science, and Transportation of the Senate and the
Committees on Oversight and Government Reform and Energy and
Commerce of the House of Representatives.''.
(2) 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 Committees on Homeland
Security and Governmental Affairs and Commerce, Science, and
Transportation of the Senate and the Committees on Oversight
and Government Reform and Energy and Commerce 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,
Code of Federal Regulations, or any successor regulation,
shall be immediately reported to the Committees on Homeland
Security and Governmental Affairs and Commerce, Science, and
Transportation of the Senate and the Committees on Oversight
and Government Reform and Energy and Commerce of the House of
Representatives, including a detailed justification for
granting the waiver.''.
(c) Contents of Reports.--Section 13104(a)(1) of title 5,
United States Code, is amended--
(1) in subparagraph (A), by inserting ``, subject to
subparagraph (C)'' after ``employment by the United States
Government''; and
(2) 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.''.
(d) Review of Reports.--Section 13107(b) of title 5, United
States Code, is amended--
(1) in paragraph (1)--
(A) 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
(B) 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'';
(2) by striking paragraph (2) and the flush text following
paragraph (2);
(3) by redesignating paragraph (3) as paragraph (2); and
(4) 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 this subchapter, which
shall be unredacted, except with respect to social security
numbers, dates of birth, home addresses, rental property
addresses, phone numbers, email addresses, financial account
numbers, signatures, and the personally identifiable
information of dependent children.''.
(e) Confidential Reports and Other Additional
Requirements.--Section 13109 of title 5, United States Code,
is amended--
(1) by redesignating subsections (b) and (c) as subsections
(f) and (g), respectively; and
(2) 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.
``(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, dates of birth, home addresses, rental property
addresses, phone numbers, email addresses, financial account
numbers, signatures, and the personally identifiable
information of dependent children.
``(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
Committees on Homeland Security and Governmental Affairs and
Commerce, Science,

[[Page S3327]]

and Transportation of the Senate and the Committees on
Oversight and Government Reform and Energy and Commerce of
the House of Representatives, and as to each agency within
the intelligence community (as that term is defined in
section 3 of the National Security Act of 1947 (50 U.S.C.
3003)), the head of each such agency shall also submit to the
Select Committee on Intelligence of the Senate and the
Permanent Select Committee on Intelligence 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 Committees on Homeland Security and
Governmental Affairs and Commerce, Science, and
Transportation of the Senate and the Committees on Oversight
and Government Reform and Energy and Commerce 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.''.
(f) Rule of Construction.--Nothing in this section, or any
amendment made by this section, shall be construed to limit
the ability of an advisory committee, as defined in section
1001 of title 5, United States Code, to conduct work related
to the function of the advisory committee.

SEC. 1096. GAO REVIEW OF NIH PEER REVIEW CONFLICT-OF-INTEREST
COMPLIANCE.

(a) Definitions.--In this section--
(1) the term ``Comptroller General'' means the Comptroller
General of the United States; and
(2) the term ``covered peer review group'' means a peer
review group, as defined in section 52h.2(k) of title 42,
Code of Federal Regulations, or any successor regulation,
within the National Institutes of Health.
(b) Reviews Required.--The Comptroller General shall submit
to the committees described in subsection (e) an initial
report not later than 2 years after the date of enactment of
this Act and a second report not later than 1 year after the
date described in section 1095(a)(2) on the process used by
the National Institutes of Health to apply the requirements
relating to recusal for any actual or apparent conflict of
interest under section 52h.5 of title 42, Code of Federal
Regulations, or any successor regulation, with respect to
members of covered peer review groups, including the process
used to make certifications described in section 13103(k)(2)
of title 5, United States Code, as added by section
1095(a)(1)(B) of this subtitle.
(c) Contents.--Each evaluation required under subsection
(b) shall include--
(1) a description of the policies, procedures, guidance,
training, and internal controls used by the National
Institutes of Health to identify, evaluate, document, waive,
and address actual or apparent conflicts of interest for
members of covered peer review groups;
(2) an assessment of the completeness, accuracy, and
timeliness of the certifications made under section
13103(k)(2) of title 5, United States Code, including whether
the National Institutes of Health maintains documentation
sufficient to support such certifications;
(3) the number of covered peer review groups and the
approximate number of members of such groups covered by the
certifications during the period reviewed;
(4) a description of the categories of information reviewed
by the National Institutes of Health to identify actual or
apparent conflicts of interest, including financial
interests, employment relationships, institutional
affiliations, professional associations, close-relative
interests, and involvement with applications, proposals, or
contract projects under review;
(5) an assessment of the process used by the National
Institutes of Health to determine whether a member of a
covered peer review group must recuse from review of a grant
application, contract proposal, or contract project;
(6) an assessment of the process used by the National
Institutes of Health to grant, document, and retain any
waiver of a conflict-of-interest requirement under section
52h.5 of title 42, Code of Federal Regulations, or any
successor regulation;
(7) a review of a representative sample of covered peer
review groups, member certifications, recusal determinations,
waiver determinations, and related records, as the
Comptroller General determines appropriate;
(8) an assessment of whether the certification process of
the National Institutes of Health is sufficient to ensure
compliance with section 52h.5 of title 42, Code of Federal
Regulations, or any successor regulation, without requiring
the Comptroller General to make individualized compliance
determinations for each member of a covered peer review
group;
(9) a description of any material deficiencies, gaps,
inconsistencies, or failures identified by the Comptroller
General in the conflict-of-interest process, certification
process, documentation, or internal controls of the National
Institutes of Health;
(10) a description of any corrective action taken or
planned by the National Institutes of Health in response to
deficiencies identified by the Comptroller General; and
(11) any recommendations of the Comptroller General to
improve the processes described in this section, including
any recommendations for legislative or administrative action.
(d) Access to Information.--The Director of the National
Institutes of Health shall provide the Comptroller General
with timely access to records, personnel, and other
information the Comptroller General determines necessary to
conduct each evaluation required under subsection (b).
Nothing in this subsection shall be construed to authorize
the National Institutes of Health to withhold information
from the Comptroller General on the basis that the
information is contained in, or relates to, a confidential
grant application, peer-review record, or other nonpublic
agency record.
(e) Reports.--The Comptroller General shall submit each
unredacted report required under subsection (b) to the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Oversight and Government
Reform of the House of Representatives.

SEC. 1097. PREVENTING ORGANIZATIONAL CONFLICTS OF INTEREST IN
FEDERAL ACQUISITION.

(a) 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.
(b) Ongoing Reviews.--Not later than 1 year after the date
of enactment of this Act, and each year thereafter, each
agency conducting any conflict of interest review described
in subsection (a) shall report to the Committees on Homeland
Security and Governmental Affairs and Commerce, Science, and
Transportation of the Senate and the Committees on Oversight
and Government Reform and Energy and Commerce of the House of
Representatives, and as to each agency within the
intelligence community (as that term is defined in section 3
of the National Security Act of 1947 (50 U.S.C. 3003)), the
head of each such agency shall also report to the Select
Committee on Intelligence of the Senate and the Permanent
Select Committee on Intelligence 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.

SEC. 1098. SEVERABILITY.

If any provision of this subtitle, an amendment made by
this subtitle, or the application of such provision or
amendment to any person or circumstance is held to be
unconstitutional, the remainder of this subtitle and the
amendments made by this subtitle, and the application of the
provision or the amendment to any other person or
circumstance, shall not be affected.
______