I 
118TH CONGRESS 
2D SESSION 
H. R. 8211 
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 HOUSE OF REPRESENTATIVES 
MAY 1, 2024 
Mrs. LESKO (for herself, Mr. BIGGS, Mr. STEUBE, Mrs. HARSHBARGER, Mr. 
LAMALFA, Mr. WILSON of South Carolina, and Mr. BISHOP of North 
Carolina) introduced the following bill; which was referred to the Com-
mittee 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 re-
search of a drug, biological product, or device and from 
profiting from a drug, biological product, or device, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives 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’’. 
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SEC. 2. PROHIBITION AGAINST SERVICE BY FORMER EM-
PLOYEES OF COVERED HEALTH AGENCIES 
ON BOARDS OF ENTITIES INVOLVED IN DE-
VELOPMENT AND RESEARCH OF A DRUG, BI-
OLOGICAL PRODUCT, OR DEVICE. 
(a) PROHIBITION AGAINST SERVICE ON BOARDS OF 
ENTITIES.—Title 18, United States Code, is amended by 
inserting after section 207 the following: 
‘‘§ 207A. Prohibition against service by former em-
ployees of covered health agencies on 
boards of entities involved in develop-
ment and research of a drug, biological 
product, or device 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) BIOLOGICAL
PRODUCT.—The term ‘bio-
logical product’ has the meaning given such term in 
section 351(i) of the Public Health Service Act (42 
U.S.C. 262(i)). 
‘‘(2) 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. 
‘‘(3) DEVICE; DRUG.—The terms ‘device’ and 
‘drug’ have the meanings given those terms in sec-
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tion 201 of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 321). 
‘‘(4) TOP
OFFICIAL.—The term ‘top official’ 
means— 
‘‘(A) any officer or employee in the execu-
tive branch who occupies a position classified at 
or above GS–13 of the General Schedule or, in 
the case of any position 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 Govern-
ment who directly or indirectly has input or any 
authority to determine or help determine the 
authorization for use or emergency use author-
ization of a drug, biological product, or device. 
‘‘(b) 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 DE-
VICE.—Any person who is a top official of a covered health 
agency of the United States, and who, within 8 years after 
the termination of the service or employment of the top 
official with the United States, serves as an officer or 
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member of the board of any association, corporation, or 
entity that directly manufactures or researches a drug, bi-
ological product, or device shall be punished as provided 
in section 216 of this title. 
‘‘(c) PROHIBITION AGAINST PROFITING FROM
A 
DRUG, BIOLOGICAL PRODUCT, 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 drug, biological product, 
or device if such employee at any point during the course 
of service or employment with the United States was di-
rectly involved in determining whether a grant application 
for such drug, biological product, or device was approved 
shall be subject to a civil penalty of $250,000 and impris-
oned for not more than five years nor less than one year.’’. 
(b) PENALTIES AND INJUNCTIONS.—Section 216(a) 
of title 18, United States Code, is amended, in the matter 
preceding paragraph (1), by inserting ‘‘207A,’’ after 
‘‘207,’’. 
(c) TABLE OF CHAPTERS.—Chapter 11 of title 18, 
United States Code, is amended by inserting after the 
item relating to section 207 the following: 
‘‘207A. Prohibition against service by former employees of covered health agen-
cies on boards of entities involved in development and research 
of a drug, biological product, or device.’’. 
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(d) EFFECTIVE DATE.—Except as provided in sub-
section (d), the amendments made by this section shall 
apply with respect to an individual whose service or em-
ployment with the United States terminates on or after 
the date of the enactment of this Act. 
(e) SPECIAL RULE FOR CERTAIN FORMER FEDERAL 
EMPLOYEES OF COVERED HEALTH AGENCIES.— 
(1) APPLICATION.—Section 207A(c) of title 18, 
United States Code, as added by subsection (a), 
shall apply to an individual who at any point served 
or was employed with the United States. 
(2) COMPLIANCE PERIOD.—With respect to the 
prohibition under section 207A(c) of title 18, United 
States Code, as added by subsection (a), the compli-
ance period for a former Federal employee whose 
service or employment with the United States termi-
nated prior to the date of enactment of this Act 
shall be 6 months from such date of enactment. 
SEC. 3. PROHIBITION AGAINST OWNERSHIP OR FINANCIAL 
INTEREST IN CERTAIN PATENTS. 
Section 208 of title 18, United States Code is amend-
ed by adding at the end the following: 
‘‘(e) PROHIBITION AGAINST OWNERSHIP OR FINAN-
CIAL INTEREST IN CERTAIN PATENTS.— 
‘‘(1) DEFINITIONS.—In this subsection: 
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‘‘(A) BIOLOGICAL
PRODUCT.—The term 
‘biological product’ has the meaning given such 
term in section 351(i) of the Public Health 
Service Act (42 U.S.C. 262(i)). 
‘‘(B) COVERED PATENT.—The term ‘cov-
ered patent’ means a patent issued by the 
United States for a drug, biological product, or 
device. 
‘‘(C) DEVICE; DRUG.—The terms ‘device’ 
and ‘drug’ have the meanings given those terms 
in section 201 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 321). 
‘‘(D) TOP OFFICIAL.—The term ‘top offi-
cial’ means— 
‘‘(i) each officer or employee in the 
executive branch who occupies a position 
classified at or above GS–13 of the Gen-
eral Schedule or, in the case of any posi-
tion 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 
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input or any authority to determine or help 
determine the authorization for use or 
emergency use authorization of a drug, bi-
ological product, or device. 
‘‘(2) IN GENERAL.—A person who is a top offi-
cial may not submit an application for a covered 
patent (or be included in the application for a cov-
ered patent)— 
‘‘(A) in the case of a drug, biological prod-
uct, or device invented by the person during the 
course of employment as a top official, at any 
point during employment as a top official; and 
‘‘(B) in the case of a drug, biological prod-
uct, or device invented by the person outside 
the course of employment as a top official, at 
any point during employment as a top official. 
‘‘(3) DISCLOSURE.— 
‘‘(A) REQUIREMENT AS OF DATE OF EN-
ACTMENT 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 dis-
close not later than 180 days after the date of 
enactment of such Act any ownership of, or any 
rights or interest in, a covered patent. 
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‘‘(B) REQUIREMENT AFTER DATE OF EN-
ACTMENT 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 90 days after becoming 
a top official or the spouse of a top official any 
ownership of, or any rights or interest in, a cov-
ered patent.’’. 
Æ 
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