II 

118TH CONGRESS 

2D SESSION S. 4232 

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 a drug, biological product, or device 

and from profiting from a drug, biological product, or device, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 1, 2024 

Mr. VANCE introduced the following bill; which was read twice and 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 a drug, biological product, or device and from 

profiting from a drug, biological product, or device, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fixing Administrations 

5 Unethical Corrupt Influence Act’’ or the ‘‘ ‘FAUCI Act’ ’’. 


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1 SEC. 2. PROHIBITION AGAINST SERVICE BY FORMER EM2 PLOYEES OF COVERED HEALTH AGENCIES 

3 ON BOARDS OF ENTITIES INVOLVED IN DE4 VELOPMENT AND RESEARCH OF A DRUG, BI5 OLOGICAL PRODUCT, OR DEVICE. 

6 (a) PROHIBITION AGAINST SERVICE ON BOARDS OF

7 ENTITIES.—Title 18, United States Code, is amended by 

8 inserting after section 207 the following: 

9 ‘‘§ 207A. Prohibition against service by former em10 ployees of covered health agencies on 

11 boards of entities involved in develop12 ment and research of a drug, biological 

13 product, or device. 

14 ‘‘(a) DEFINITIONS.—In this section: 

15 ‘‘(1) BIOLOGICAL PRODUCT.—The term ‘bio16 logical product’ has the meaning given such term in 

17 section 351(i) of the Public Health Service Act (42 

18 U.S.C. 262(i)). 

19 ‘‘(2) COVERED HEALTH AGENCY.—The term 

20 ‘covered health agency’ means any of the following: 

21 ‘‘(A) The National Institutes of Health. 

22 ‘‘(B) The Food and Drug Administration. 

23 ‘‘(C) The Centers for Disease Control and 

24 Prevention. 

25 ‘‘(3) DEVICE; DRUG.—The terms ‘device’ and 

26 ‘drug’ have the meanings given those terms in secVerDate Sep 11 2014 04:04 Jun 01, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4232.IS S4232

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1 tion 201 of the Federal Food, Drug, and Cosmetic 

2 Act (21 U.S.C. 321). 

3 ‘‘(4) TOP OFFICIAL.—The term ‘top official’ 

4 means— 

5 ‘‘(A) any officer or employee in the execu6 tive branch who occupies a position classified at 

7 or above GS–13 of the General Schedule or, in 

8 the case of any position not under the General 

9 Schedule, for which the rate of basic pay is 

10 equal to or greater than the minimum rate of 

11 basic pay payable for GS–13 of the General 

12 Schedule; or 

13 ‘‘(B) any employee of the Federal Govern14 ment who directly or indirectly has input or any 

15 authority to determine or help determine the 

16 authorization for use or emergency use author17 ization of a drug, biological product, or device. 

18 ‘‘(b) PROHIBITION AGAINST SERVICE BY FORMER

19 EMPLOYEES OF COVERED HEALTH AGENCIES ON

20 BOARDS OF ENTITIES INVOLVED IN DEVELOPMENT AND

21 RESEARCH OF A DRUG, BIOLOGICAL PRODUCT, OR DE22 VICE.—Any person who is a top official of a covered health 

23 agency of the United States, and who, within 8 years after 

24 the termination of the service or employment of the top 

25 official with the United States, serves as an officer or 


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1 member of the board of any association, corporation, or 

2 entity that directly manufactures or researches a drug, bi3 ological product, or device shall be punished as provided 

4 in section 216 of this title. 

5 ‘‘(c) PROHIBITION AGAINST PROFITING FROM A

6 DRUG, BIOLOGICAL PRODUCT, OR DEVICE BY FORMER

7 EMPLOYEES OF COVERED HEALTH AGENCIES INVOLVED

8 IN THE APPROVAL OF RELATED GRANT APPLICATIONS.— 

9 Any person who is a former Federal employee of a covered 

10 health agency who profits from a drug, biological product, 

11 or device if such employee at any point during the course 

12 of service or employment with the United States was di13 rectly involved in determining whether a grant application 

14 for such drug, biological product, or device was approved 

15 shall be subject to a civil penalty of $250,000 and impris16 oned for not more than five years nor less than one year.’’. 

17 (b) PENALTIES AND INJUNCTIONS.—Section 216(a) 

18 of title 18, United States Code, is amended, in the matter 

19 preceding paragraph (1), by inserting ‘‘207A,’’ after 

20 ‘‘207,’’. 

21 (c) TABLE OF CHAPTERS.—Chapter of 11 of title 18, 

22 United States Code, is amended by inserting after the 

23 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 a drug, biological product, or device.’’. 


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1 (d) EFFECTIVE DATE.—Except as provided in sub2 section (d), the amendments made by this section shall 

3 apply with respect to an individual whose service or em4 ployment with the United States terminates on or after 

5 the date of the enactment of this Act. 

6 (e) SPECIAL RULE FOR CERTAIN FORMER FEDERAL

7 EMPLOYEES OF COVERED HEALTH AGENCIES.— 

8 (1) APPLICATION.—Section 207A(c) of title 18, 

9 United States Code, as added by subsection (a), 

10 shall apply to an individual who at any point served 

11 or was employed with the United States. 

12 (2) COMPLIANCE PERIOD.—With respect to the 

13 prohibition under section 207A(c) of title 18, United 

14 States Code, as added by subsection (a), the compli15 ance period for a former Federal employee whose 

16 service or employment with the United States termi17 nated prior to the date of enactment of this Act 

18 shall be 6 months from such date of enactment. 

19 SEC. 3. PROHIBITION AGAINST OWNERSHIP OR FINANCIAL 

20 INTEREST IN CERTAIN PATENTS. 

21 Section 208 of title 18 is amended by adding at the 

22 end the following: 

23 ‘‘(e) PROHIBITION AGAINST OWNERSHIP OR FINAN24 CIAL INTEREST IN CERTAIN PATENTS.— 

25 ‘‘(1) DEFINITIONS.—In this subsection: 


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1 ‘‘(A) BIOLOGICAL PRODUCT.—The term 

2 ‘biological product’ has the meaning given such 

3 term in section 351(i) of the Public Health 

4 Service Act (42 U.S.C. 262(i)). 

5 ‘‘(B) COVERED PATENT.—The term ‘cov6 ered patent’ means a patent issued by the 

7 United States for a drug, biological product, or 

8 device. 

9 ‘‘(C) DEVICE; DRUG.—The terms ‘device’ 

10 and ‘drug’ have the meanings given those terms 

11 in section 201 of the Federal Food, Drug, and 

12 Cosmetic Act (21 U.S.C. 321). 

13 ‘‘(D) TOP OFFICIAL.—The term ‘top offi14 cial’ means— 

15 ‘‘(i) each officer or employee in the 

16 executive branch who occupies a position 

17 classified at or above GS–13 of the Gen18 eral Schedule or, in the case of any posi19 tion not under the General Schedule, for 

20 which the rate of basic pay is equal to or 

21 greater than the minimum rate of basic 

22 pay payable for GS–13 of the General 

23 Schedule; or 

24 ‘‘(ii) any employee of the Federal 

25 Government who directly or indirectly has 


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1 input or any authority to determine or help 

2 determine the authorization for use or 

3 emergency use authorization of a drug, bi4 ological product, or device. 

5 ‘‘(2) IN GENERAL.—A person who is a top offi6 cial may not submit an application for a covered 

7 patent (or be included in the application for a cov8 ered patent)— 

9 ‘‘(A) in the case of a drug, biological prod10 uct, or device invented by the person during the 

11 course of employment as a top official, at any 

12 point during employment as a top official; and 

13 ‘‘(B) in the case of a drug, biological prod14 uct, or device invented by the person outside 

15 the course of employment as a top official, at 

16 any point during employment as a top official. 

17 ‘‘(3) DISCLOSURE.— 

18 ‘‘(A) REQUIREMENT AS OF DATE OF EN19 ACTMENT OF THE FAUCI ACT.—A person who is 

20 a top official or a spouse of a top official on the 

21 date of enactment of the FAUCI Act shall dis22 close not later than 180 days after the date of 

23 enactment of such Act any ownership of, or any 

24 rights or interest in, a covered patent. 


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1 ‘‘(B) REQUIREMENT AFTER DATE OF EN2 ACTMENT OF THE FAUCI ACT.—A person who is 

3 a top official or a spouse of a top official after 

4 the date of enactment of the FAUCI Act shall 

5 disclose not later than 90 days after becoming 

6 a top official or the spouse of a top official any 

7 ownership of, or any rights or interest in, a cov8 ered patent.’’. 

Æ 


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