H.R. 9708 – Reading Mode

117th CONGRESS

2d Session

H. R. 9708

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.

Short title

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

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:

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.

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.