Fixing Administrations Unethical Corrupt Influence Act or the FAUCI Act
This bill prohibits specified federal officials and employees from (1) serving on the board of any association, corporation, or entity that directly manufacturers or researches certain vaccines after their government employment; and (2) owning, profiting from, or applying for patents for vaccines or medical treatments during their federal employment.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9708 Introduced in House (IH)]
<DOC>
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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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