Fixing Administrations Unethical Corrupt Influence Act

“207A. Prohibition against service by former employees of covered health agencies on boards of entities involved in development 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 official of a covered health agency of the United States, and who, after the termination of his or her service or employment with the United States, serves as an officer or member 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.

“(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 executive 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 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.”

“(e) Prohibition against ownership or financial interest in certain patents

“(1) In general—A person who is a top official 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 outside 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 official; 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 before 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 paragraph (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 paragraph (1)(A), any rights or interest in the patent that are assigned, granted, or conveyed under subparagraph (A), may not be reassigned to the top official after such individual ceases to be a top official.

“(3) Definitions—In this subsection:

“(A) Covered patent—The term “covered patent” means a patent issued by the United States for a vaccine or medical treatment.

“(B) Top official—The term “top official” means—

“(i) Each officer or employee in the executive 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

“(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.”