I 
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 re-
search of covered vaccines, 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 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: 
‘‘§ 207A. Prohibition against service by former em-
ployees of covered health agencies on 
boards of entities involved in develop-
ment 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 offi-
cial of a covered health agency of the United States, and 
who, after the termination of his or her service or employ-
ment with the United States, serves as an officer or mem-
ber 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. 
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‘‘(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 execu-
tive 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 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 vaccines.’’. 
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(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 re-
search 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 amend-
ed by adding at the end the following new subsection: 
‘‘(e) PROHIBITION AGAINST OWNERSHIP OR FINAN-
CIAL INTEREST IN CERTAIN PATENTS.— 
‘‘(1) IN GENERAL.—A person who is a top offi-
cial 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 out-
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side 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 offi-
cial; 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 be-
fore 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 para-
graph (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 para-
graph (1)(A), any rights or interest in the pat-
ent that are assigned, granted, or conveyed 
under subparagraph (A), may not be reassigned 
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to the top official after such individual ceases to 
be a top official. 
‘‘(3) DEFINITIONS.—In this subsection: 
‘‘(A) COVERED PATENT.—The term ‘cov-
ered patent’ means a patent issued by the 
United States for a vaccine or medical treat-
ment. 
‘‘(B) 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 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 pay-
able 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 sub-
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section (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 as-
sign grant, or convey ownership of the patent, or 
any rights or interest in the patent, to another per-
son, 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 as-
signed, granted, or conveyed under paragraph (1), 
may not be reassigned, to the top official after such 
individual ceases to be a top official. 
Æ 
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