,,ii #aahth ,,congress #b;d ,session ,s4 #dbcb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #a1 #bjbd,mr4 ,vance introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #ah1 ,united ,states ,code1 to prohibit former employees of covered health agencies from serving on the board of entities involved in development and research of a drug1 biological product1 or device and from profiting from a drug1 biological product1 or device1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,fixing ,administrations ,unethical ,corrupt ,influence ,act or the ,,fauci ,act4 #b4 ,prohibition against service by former employees of covered health agencies on boards of entities involved in development and research of a drug1 biological product1 or device 7a7 ,prohibition against service on boards of entities ,title #ah1 ,united ,states ,code1 is amended by inserting after section #bjg the following3 #bjg;,a4 ,prohibition against service by former employees of covered health agencies on boards of entities involved in development and research of a drug1 biological product1 or device4 7a7 ,definitions ,in this section3 7#a7 ,biological product ,the term biological product has the meaning given such term in section #cea7;i7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bfb7;i774 7#b7 ,covered health agency ,the term covered health agency means any of the following3 7,a7 ,the ,national ,institutes of ,health4 7,b7 ,the ,food and ,drug ,administration4 7,c7 ,the ,centers for ,disease ,control and ,prevention4 7#c7 ,device2 drug ,the terms device and drug have the meanings given those terms in section #bja of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba74 7#d7 ,top official ,the term top official means-- 7,a7 any officer or employee in the executive branch who occupies a position classified at or above ,,gs-#ac of the ,general ,schedule or1 in the case of any position not under the ,general ,schedule1 for which the rate of basic pay is equal to or greater than the minimum rate of basic pay payable for ,,gs-#ac of the ,general ,schedule2 or 7,b7 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 drug1 biological product1 or device4 7b7 ,prohibition against service by former employees of covered health agencies on boards of entities involved in development and research of a drug1 biological product1 or device ,any person who is a top official of a covered health agency of the ,united ,states1 and who1 within #h years after the termination of the service or employment of the top official with the ,united ,states1 serves as an officer or member of the board of any association1 corporation1 or entity that directly manufactures or researches a drug1 biological product1 or device shall be punished as provided in section #baf of this title4 7c7 ,prohibition against profiting from a drug1 biological product1 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 drug1 biological product1 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 drug1 biological product1 or device was approved shall be subject to a civil penalty of #bej1jjj and imprisoned for not more than five years nor less than one year4 4 7b7 ,penalties and injunctions ,section #baf7;a7 of title #ah1 ,united ,states ,code1 is amended1 in the matter preceding paragraph 7#a71 by inserting #bjg;,a1 after #bjg14 7c7 ,table of chapters ,chapter of #aa of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #bjg the following3 ,sec4 #bjg;,a4 ,prohibition against service by former employees of covered health agencies on boards of entities involved in development and research of a drug1 biological product1 or device4 4 7d7 ,effective date ,except as provided in subsection 7d71 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 ,act4 7e7 ,special rule for certain former ,federal employees of covered health agencies 7#a7 ,application ,section #bjg;,a7c7 of title #ah1 ,united ,states ,code1 as added by subsection 7a71 shall apply to an individual who at any point served or was employed with the ,united ,states4 7#b7 ,compliance period ,with respect to the prohibition under section #bjg;,a7c7 of title #ah1 ,united ,states ,code1 as added by subsection 7a71 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 #f months from such date of enactment4 #c4 ,prohibition against ownership or financial interest in certain patents ,section #bjh of title #ah is amended by adding at the end the following3 7e7 ,prohibition against ownership or financial interest in certain patents 7#a7 ,definitions ,in this subsection3 7,a7 ,biological product ,the term biological product has the meaning given such term in section #cea7;i7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bfb7;i774 7,b7 ,covered patent ,the term covered patent means a patent issued by the ,united ,states for a drug1 biological product1 or device4 7,c7 ,device2 drug ,the terms device and drug have the meanings given those terms in section #bja of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba74 7,d7 ,top official ,the term top official means-- 7i7 each officer or employee in the executive branch who occupies a position classified at or above ,,gs-#ac of the ,general ,schedule or1 in the case of any position not under the ,general ,schedule1 for which the rate of basic pay is equal to or greater than the minimum rate of basic pay payable for ,,gs-#ac of the ,general ,schedule2 or 7ii7 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 drug1 biological product1 or device4 7#b7 ,in general ,a person who is a top official may not submit an application for a covered patent 7or be included in the application for a covered patent7-- 7,a7 in the case of a drug1 biological product1 or device invented by the person during the course of employment as a top official1 at any point during employment as a top official2 and 7,b7 in the case of a drug1 biological product1 or device invented by the person outside the course of employment as a top official1 at any point during employment as a top official4 7#c7 ,disclosure 7,a7 ,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 #ahj days after the date of enactment of such ,act any ownership of1 or any rights or interest in1 a covered patent4 7,b7 ,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 #ij days after becoming a top official or the spouse of a top official any ownership of1 or any rights or interest in1 a covered patent4 4