II 

Calendar No. 488 

118TH CONGRESS 

2D SESSION S. 3664 

[Report No. 118–210] 

To require executive branch employees to report certain royalties, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 25, 2024 

Mr. PAUL introduced the following bill; which was read twice and referred to 

the Committee on Homeland Security and Governmental Affairs 

SEPTEMBER 9, 2024 

Reported by Mr. PETERS, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To require executive branch employees to report certain 

royalties, 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 ‘‘Royalty Transparency 

5 Act’’. 


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1 SEC. 2. FINANCIAL DISCLOSURE REPORTS OF EXECUTIVE 

2 BRANCH EMPLOYEES. 

3 (a) CONTENTS OF REPORTS.—Section 13104(a)(1) 

4 of title 5, United States Code, is amended— 

5 (1) in subparagraph (A), by inserting ‘‘, subject 

6 to subparagraph (C)’’ after ‘‘employment by the 

7 United States Government’’; and 

8 (2) by inserting after subparagraph (B) the fol9 lowing: 

10 ‘‘(C) ROYALTIES RECEIVED BY GOVERN11 MENT EMPLOYEES.—Notwithstanding section 

12 12(c) of the Stevenson-Wydler Technology In13 novation Act of 1980 (15 U.S.C. 3710a (c)) 

14 and section 209 of title 35, if the reporting in15 dividual is an officer or employee in the execu16 tive branch (including a special Government 

17 employee, as defined in section 202 of title 18), 

18 the source and amount or value of any royalties 

19 received by the reporting individual, the spouse 

20 of the reporting individual, or a dependent child 

21 of the reporting individual during the reporting 

22 period described in subsection (d) or (e) of sec23 tion 13103, as applicable, that were received as 

24 a result of an invention developed by the report25 ing individual in the course of employment of 

26 the reporting individual with the United States 


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1 Government, including any royalty interest pay2 ment made under the Federal Technology 

3 Transfer Act of 1986 (Public Law 99–502; 100 

4 Stat. 1785), an amendment made by such Act, 

5 or any other applicable authority.’’. 

6 (b) REVIEW OF REPORTS.—Section 13107(b) of title 

7 5, United States Code, is amended— 

8 (1) in paragraph (1)— 

9 (A) in the first sentence, by inserting ‘‘and 

10 shall, notwithstanding section 12 of the Steven11 son-Wydler Technology Act of 1980 (15 U.S.C. 

12 3710a) and section 209 of title 35, publish such 

13 report on the internet website of the agency, of14 fice, Clerk, or Secretary of the Senate, as the 

15 case may be’’ after ‘‘to any person requesting 

16 such inspection or copy’’; and 

17 (B) in the second sentence— 

18 (i) by inserting ‘‘, notwithstanding 

19 section 12 of the Stevenson-Wydler Tech20 nology Act of 1980 (15 U.S.C. 3710a) and 

21 section 209 of title 35,’’ after ‘‘such report 

22 shall’’; and 

23 (ii) by inserting ‘‘and published on the 

24 internet website of the agency, office, 

25 Clerk, or Secretary of the Senate, as the 


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1 case may be,’’ after ‘‘made available for 

2 public inspection’’; 

3 (2) by striking paragraph (2) and the matter 

4 following paragraph (2); 

5 (3) by redesignating paragraph (3) as para6 graph (2); and 

7 (4) by adding at the end the following: 

8 ‘‘(3) PROCEDURE FOR RELEASING REPORTS TO

9 MEMBERS OF CONGRESS.—Notwithstanding any 

10 other provision of law, not later than 30 days after 

11 receiving a request from a Member of Congress, any 

12 agency or supervising ethics office in the executive 

13 branch shall furnish to the Member of Congress an 

14 unredacted copy of any report received under this 

15 subchapter.’’. 

16 (c) CONFIDENTIAL REPORTS AND OTHER ADDI17 TIONAL REQUIREMENTS.—Section 13109(a)(2) of title 5, 

18 United States Code, is amended— 

19 (1) by striking ‘‘Any information’’ and inserting 

20 the following: 

21 ‘‘(A) IN GENERAL.—Any information’’; 

22 and 

23 (2) by adding at the end the following: 

24 ‘‘(B) SPECIAL GOVERNMENT EMPLOY25 EES.— 


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1 ‘‘(i) DEFINITION.—For the purposes 

2 of this subparagraph, the term ‘sensitive 

3 personal information’ does not include the 

4 source or amount or value of any royalties 

5 received by a reporting individual. 

6 ‘‘(ii) REDACTION AND PUBLICA7 TION.—Upon receipt of a confidential fi8 nancial disclosure report under this section 

9 of submitted by a special Government em10 ployee, as defined in section 202 of title 

11 18, the recipient supervising ethics office 

12 shall— 

13 ‘‘(I) redact any sensitive personal 

14 information from the confidential fi15 nancial disclosure report; and 

16 ‘‘(II) notwithstanding section 12 

17 of the Stevenson-Wydler Technology 

18 Act of 1980 (15 U.S.C. 3710a(c)) and 

19 section 209 of title 35, publish the re20 dacted confidential financial disclosure 

21 report on the internet website of the 

22 agency by which the special Govern23 ment employee is employed not later 

24 than 120 days after the date on which 

25 the recipient supervising ethics office 


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1 receives the confidential financial dis2 closure report.’’. 

3 SEC. 3. GENERAL DISCLOSURE OF ROYALTIES. 

4 (a) DEFINITIONS.—In this section: 

5 (1) AGENCY.—The term ‘‘agency’’ means an 

6 agency within the executive branch, as defined in 

7 section 13101 of title 5, United States Code. 

8 (2) APPLICABLE PERSON.—The term ‘‘applica9 ble person’’ means any individual or entity that ap10 plies to— 

11 (A) receive a grant from the Federal Gov12 ernment; or 

13 (B) serve as a contractor. 

14 (3) CONTRACTOR.—The term ‘‘contractor’’ has 

15 the meaning given the term in section 7101 of title 

16 41, United States Code. 

17 (4) COVERED ROYALTY.—The term ‘‘covered 

18 royalty’’ means any royalty received by an applicable 

19 person from any party other than the Federal Gov20 ernment. 

21 (b) AGENCY REQUIREMENT.—Before receiving any 

22 Federal grant or contract, each applicable person shall 

23 submit to the agency from which the applicable person 

24 seeks the grant or for which the applicable person seeks 

25 to serve as a contractor, as applicable, a report disclosing 


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1 the source and amount or value of all covered royalties 

2 received by the applicable person during the 10-year pe3 riod preceding the date on which the applicable person re4 ceives such Federal grant or contract. 

5 (c) PROCEDURE FOR RELEASING REPORTS TO MEM6 BERS OF CONGRESS.—Notwithstanding any other provi7 sion of law, not later than 30 days after receiving a re8 quest from a Member of Congress, an agency shall furnish 

9 to the Member of Congress an unredacted copy of any re10 port submitted under subsection (b). 

11 SEC. 4. SEVERABILITY. 

12 If any provision of this Act, an amendment made by 

13 this Act, or the application of such provision or amend14 ment to any person or circumstance is held to be unconsti15 tutional, the remainder of this Act and the amendments 

16 made by this Act, and the application of the provision or 

17 the amendment to any other person or circumstance, shall 

18 not be affected. 

19 SECTION 1. SHORT TITLE. 

20 This Act may be cited as the ‘‘Royalty Transparency 

21 Act’’. 

22 SEC. 2. FINANCIAL DISCLOSURE REPORTS OF EXECUTIVE 

23 BRANCH EMPLOYEES. 

24 (a) INDIVIDUALS REQUIRED TO FILE.— 


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1 (1) IN GENERAL.—Section 13103 of title 5, 

2 United States Code, is amended— 

3 (A) in subsection (f)— 

4 (i) in paragraph (11), by striking ‘‘; 

5 and’’ and inserting a semicolon; 

6 (ii) in paragraph (12), by striking the 

7 period and inserting ‘‘; and’’; and 

8 (iii) by adding at the end the fol9 lowing: 

10 ‘‘(13) any member of— 

11 ‘‘(A) the National Science Advisory Board 

12 for Biosecurity; 

13 ‘‘(B) the Advisory Committee on Immuniza14 tion Practices; 

15 ‘‘(C) the Advisory Commission on Child16 hood Vaccines; 

17 ‘‘(D) the National Vaccine Advisory Com18 mittee; 

19 ‘‘(E) the Vaccines and Related Biological 

20 Products Advisory Committee; 

21 ‘‘(F) the Defense Science Board; 

22 ‘‘(G) the Board of Scientific Advisors of the 

23 National Cancer Institute; 

24 ‘‘(H) the Homeland Security Science and 

25 Technology Advisory Committee; 


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1 ‘‘(I) the Medical Review Board Advisory 

2 Committee; 

3 ‘‘(J) the President’s Council of Advisors on 

4 Science and Technology; or 

5 ‘‘(K) any other advisory committee, as de6 fined in section 1001, including a successor to a 

7 committee described in this paragraph, that the 

8 Government Accountability Office determines, in 

9 accordance with subsection (j)— 

10 ‘‘(i) makes recommendations relating 

11 to public health to an agency or the Presi12 dent; and 

13 ‘‘(ii) has had any recommendation 

14 fully or partially implemented during the 

15 10 years preceding the determination.’’; and 

16 (B) by adding at the end the following: 

17 ‘‘(j) DETERMINATION REGARDING ADVISORY COMMIT18 TEES.—Not later than 180 days after the date of enactment 

19 of the Royalty Transparency Act, and annually thereafter, 

20 the Government Accountability Office shall publish a list 

21 of each advisory committee that the Government Account22 ability Office determines— 

23 ‘‘(1) makes recommendations relating to public 

24 health to an agency or the President; and 


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1 ‘‘(2) has had any recommendation fully or par2 tially implemented during the 10 years preceding the 

3 determination.’’. 

4 (2) SUNSET.—Effective on the date that is 5 

5 years after the date of enactment of this Act, section 

6 13103 of title 5, United States Code, as amended by 

7 this Act, is amended— 

8 (A) in subsection (f)(13), by striking sub9 paragraph (K) and inserting the following: 

10 ‘‘(K) a successor to a committee described in 

11 subparagraphs (A) through (J) of this para12 graph.’’; and 

13 (B) by striking subsection (j). 

14 (b) NOTIFICATION OF WAIVER.— 

15 (1) TITLE 5.—Section 13103(i) of title 5, United 

16 States Code, is amended— 

17 (A) by redesignating paragraphs (1) 

18 through (4) as subparagraphs (A) through (D), 

19 respectively, and adjusting the margins accord20 ingly; 

21 (B) in the matter preceding subparagraph 

22 (A), as so redesignated, by striking ‘‘the super23 vising ethics office determines’’ and inserting 

24 ‘‘the supervising ethics office— 

25 ‘‘(1) determines’’; 


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1 (C) in subparagraph (D), as so redesig2 nated, by striking the period at the end and in3 serting ‘‘; and’’; and 

4 (D) by adding at the end the following: 

5 ‘‘(2) provides notification of such waiver to the 

6 Committee on Homeland Security and Governmental 

7 Affairs of the Senate and the Committee on Oversight 

8 and Accountability of the House of Representatives.’’. 

9 (2) TITLE 18.—Section 208 of title 18, United 

10 States Code, is amended by adding at the end the fol11 lowing: 

12 ‘‘(e) Any exemption— 

13 ‘‘(1) granted under paragraph (1) or (3) of sub14 section (b) shall be immediately reported to the Com15 mittee on Homeland Security and Governmental Af16 fairs of the Senate and the Committee on Oversight 

17 and Accountability of the House of Representatives, 

18 including a detailed justification for granting the 

19 waiver; or 

20 ‘‘(2) granted under subpart (C) of part 2640 of 

21 title 5 of the Code of Federal Regulations, or any suc22 cessor regulation, shall be immediately reported to the 

23 Committee on Homeland Security and Governmental 

24 Affairs of the Senate and the Committee on Oversight 

25 and Accountability of the House of Representatives, 


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1 including a detailed justification for granting the 

2 waiver.’’. 

3 (c) CONTENTS OF REPORTS.—Section 13104(a)(1) of 

4 title 5, United States Code, is amended— 

5 (1) in subparagraph (A), by inserting ‘‘, subject 

6 to subparagraph (C)’’ after ‘‘employment by the 

7 United States Government’’; and 

8 (2) by inserting after subparagraph (B) the fol9 lowing: 

10 ‘‘(C) ROYALTIES RECEIVED BY GOVERN11 MENT EMPLOYEES AND COMMITTEE FILERS.— 

12 Notwithstanding section 12(c) of the Stevenson13 Wydler Technology Innovation Act of 1980 (15 

14 U.S.C. 3710a(c)) and section 209 of title 35, if 

15 the reporting individual is an officer or em16 ployee in the executive branch (including a spe17 cial Government employee, as defined in section 

18 202 of title 18), or an individual described in 

19 section 13103(f)(13), the original source and 

20 amount or value of any royalties received by the 

21 reporting individual, the spouse of the reporting 

22 individual, or a dependent child of the reporting 

23 individual during the reporting period described 

24 in subsection (d) or (e) of section 13103, as ap25 plicable, that were received as a result of an inVerDate Sep 11 2014 02:51 Sep 10, 2024 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\S3664.RS S3664

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1 vention developed by the reporting individual in 

2 the course of employment of the reporting indi3 vidual with the United States Government, in4 cluding any royalty interest payment made 

5 under the Federal Technology Transfer Act of 

6 1986 (Public Law 99–502; 100 Stat. 1785), an 

7 amendment made by such Act, or any other ap8 plicable authority.’’. 

9 (d) REVIEW OF REPORTS.—Section 13107(b) of title 

10 5, United States Code, is amended— 

11 (1) in paragraph (1)— 

12 (A) in the first sentence, by inserting ‘‘and 

13 shall, in the case of an agency or office and not14 withstanding section 12 of the Stevenson-Wydler 

15 Technology Act of 1980 (15 U.S.C. 3710a) and 

16 section 209 of title 35, publish such report on the 

17 internet website of the agency or office, as the 

18 case may be’’ after ‘‘to any person requesting 

19 such inspection or copy’’; and 

20 (B) in the second sentence— 

21 (i) by inserting ‘‘, notwithstanding sec22 tion 12 of the Stevenson-Wydler Technology 

23 Act of 1980 (15 U.S.C. 3710a) and section 

24 209 of title 35,’’ after ‘‘such report shall’’; 

25 and 


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1 (ii) by inserting ‘‘and, in the case of 

2 an agency or office, published on the inter3 net website of the agency or office, as the 

4 case may be,’’ after ‘‘made available for 

5 public inspection’’; 

6 (2) by striking paragraph (2) and the matter fol7 lowing paragraph (2); 

8 (3) by redesignating paragraph (3) as para9 graph (2); and 

10 (4) by adding at the end the following: 

11 ‘‘(3) PROCEDURE FOR RELEASING REPORTS TO

12 MEMBERS OF CONGRESS.—Notwithstanding any other 

13 provision of law, not later than 30 days after receiv14 ing a request from a Member of Congress, any agency 

15 or supervising ethics office in the executive branch 

16 shall furnish to the Member of Congress a copy of any 

17 report submitted under subsection (b), which shall be 

18 unredacted, except with respect to social security 

19 numbers.’’. 

20 (e) CONFIDENTIAL REPORTS AND OTHER ADDITIONAL

21 REQUIREMENTS.—Section 13109 of title 5, United States 

22 Code, is amended— 

23 (1) by redesignating subsections (b) and (c) as 

24 subsections (f) and (g), respectively; and 


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1 (2) by inserting after subsection (a) the fol2 lowing: 

3 ‘‘(b) ROYALTIES RECEIVED BY CONFIDENTIAL FIL4 ERS.—Notwithstanding section 12(c) of the Stevenson5 Wydler Technology Innovation Act of 1980 (15 U.S.C. 

6 3710a(c)) and section 209 of title 35, the information re7 quired to be reported under this section shall include the 

8 original source and amount or value of any royalties re9 ceived by the reporting individual, or the spouse or any 

10 dependent child of the reporting individual, that were re11 ceived as a result of an invention, including any royalty 

12 interest payment made under the Federal Technology 

13 Transfer Act of 1986 (Public Law 99–502; 100 Stat. 1785), 

14 an amendment made by such Act, or any other applicable 

15 authority. 

16 ‘‘(c) PROCEDURE FOR RELEASING REPORTS TO MEM17 BERS OF CONGRESS.—Notwithstanding any other provision 

18 of law, not later than 30 days after receiving a request from 

19 a Member of Congress, any agency or supervising ethics of20 fice in the executive branch shall furnish to the Member of 

21 Congress a copy of any report submitted under subsection 

22 (a), which shall be unredacted, except with respect to social 

23 security numbers, home addresses, phone numbers, email 

24 addresses, and the personally identifiable information of de25 pendents. 


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1 ‘‘(d) REPORTS.—Not later than 60 days after the date 

2 of enactment of the Royalty Transparency Act, and each 

3 year thereafter, the head of each agency shall submit to the 

4 Committee on Homeland Security and Governmental Af5 fairs of the Senate and the Committee on Oversight and 

6 Accountability of the House of Representatives a report re7 lating to confidential financial disclosures of officers and 

8 employees under the jurisdiction of such agency for the pre9 ceding fiscal year, which shall include— 

10 ‘‘(1) the number of individuals who filed such 

11 disclosures with the agency under this section, includ12 ing, if applicable, the subcomponent of the agency 

13 that has jurisdiction over the individual and the rea14 son for filing confidentially; 

15 ‘‘(2) the number of special Government employ16 ees, as defined in section 202 of title 18, that are re17 quired to file confidential financial disclosure reports 

18 with the agency under this section; and 

19 ‘‘(3) any additional information determined to 

20 be relevant by the Director of the Office of Govern21 ment Ethics after consultation with the Committee on 

22 Homeland Security and Governmental Affairs of the 

23 Senate and the Committee on Oversight and Account24 ability of the House of Representatives. 


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1 ‘‘(e) PUBLIC DISCLOSURE OF ROYALTIES RECEIVED

2 BY CERTAIN FEDERAL EMPLOYEES.— 

3 ‘‘(1) DEFINITION.—For the purposes of this sub4 section, the term ‘covered individual’ means an indi5 vidual who— 

6 ‘‘(A) is required to file a confidential finan7 cial disclosure report under this section; and 

8 ‘‘(B) reports receiving a royalty interest 

9 under subsection (b). 

10 ‘‘(2) REQUIREMENT.—Not later than 180 days 

11 after the date of enactment of the Royalty Trans12 parency Act, and annually thereafter, each agency 

13 shall publish a report on the internet website of the 

14 agency, listing— 

15 ‘‘(A) the names of all covered individuals; 

16 and 

17 ‘‘(B) the original source and amount or 

18 value of any royalties reported under this section 

19 by each covered individual.’’. 

20 SEC. 3. PREVENTING ORGANIZATIONAL CONFLICTS OF IN21 TEREST IN FEDERAL ACQUISITION. 

22 (a) IN GENERAL.—The Federal Acquisition Regu23 latory Council and the Office of Management and Budget 

24 shall, as appropriate, enact or update any regulation nec25 essary to ensure that conflict of interest reviews for prospecVerDate Sep 11 2014 02:51 Sep 10, 2024 Jkt 049200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6203 E:\BILLS\S3664.RS S3664

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1 tive contractors or grantees include reviews of royalties paid 

2 to prospective contractors or grantees in the preceding cal3 endar year. 

4 (b) ONGOING REVIEWS.—Not later than 1 year after 

5 the date of enactment of this Act, and each year thereafter, 

6 each agency conducting any conflict of interest review de7 scribed in subsection (a) shall report to the Committee on 

8 Homeland Security and Governmental Affairs of the Senate 

9 and the Committee on Oversight and Accountability of the 

10 House of Representatives on the number of identified cases 

11 of potential conflict of interest related to royalty payments 

12 and the steps taken to mitigate those cases. 

13 SEC. 4. SEVERABILITY. 

14 If any provision of this Act, an amendment made by 

15 this Act, or the application of such provision or amendment 

16 to any person or circumstance is held to be unconstitu17 tional, the remainder of this Act and the amendments made 

18 by this Act, and the application of the provision or the 

19 amendment to any other person or circumstance, shall not 

20 be affected. 


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Calendar No. 488 

118TH CONGRESS 

2D SESSION S. 3664 

[Report No. 118–210] 

A BILL 

To require executive branch employees to report 

certain royalties, and for other purposes. 

SEPTEMBER 9, 2024 

Reported with an amendment 


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