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    Fauci Act

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    10K views8 pages

    Fauci Act

    Uploaded by

    Cami Mondeaux
    Fauci Act

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 8
    CGAVRISILESKOWLESKO 053 XML Aikuho— —— Rees ATR. ‘To amend tlle 18, United States Cals, wo probit former ccvered alt agencies from sersing on the hour of entities in derdopment and resarch of a drag, bilopcal product, of device fad from profiting ftom © drug, biolopieal produt, or devise, and for her purposes IN THE HOUSE OF REPRESENTATIVES Mew Liss introduced the following Bil whieh was eoferred to the ‘Commitee on A BILL To anend title 18, United States Code, to probibit former employees of covered health agencies from serving: on the board of entities involved in development and re- arch of a drug, biological product, or device and from profiting from a drug, biologieal product, or deviee, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 toes af the United States of America in Congress assembled, gurieimecootanuertam —_(ssee02) Seas onze it202 pe) GGANAISILESKONLESKO_053 XML | SECTION 1, sHORT TITLE. ‘This Act may be cited as the “Fixing Administrations 3 Unethical Corrupt Influence Act” or the “FAUCL Act” 4. S86, 2, PROMIBITION AGAINST SERVICE BY FORMER BM- 3 PLOYEES OF COVERED HEALTH AGENCIES ON BOARDS OF ENTITIES INVOLVED IN DE- OLOGICAL PRODUCT, OR DEVICE. RvICE ON BOARDS OF (a) Pronmsivioy AGatsst TrTIES.—Title 18, United States Code, is amended by II inserting after section 207 the following: 12 “$207A. Prohibition against service by former em- B ployees of covered health agencies on “4 Is ment and research of a drug, biological 16 product, or device 17 (a) DerrNrtioxs—In this section: 18 “€) Brotoaicat proper —the term “bio- 19 Jogieal product” has the meaning given such term in 20 seetion 851(i) of the Public Health Service Act (42, 21 USC. 2620), 2 (2) COVERED HRALTIE AGENEY.—The term 23 ‘covered health agency” means any of the following 24 “(A) The National Institutes of Health, 25 B) The Food and Drag Administration GaMIBLESKOWESKO 055M. 3 “() The Centers tor Disease Control and Prevention, “(8) Device; DREG—The terms ‘device’ and ‘drug’ have the meanings given those terms in see- tion 201 of the Federal Food, Drug, and Cosmetic Act (21 USO. 821), “(4) Tor oFFictat.—The term ‘top official” means— “(A) any officer or employee in the exeeu- tive branch who oeeupies a position classified at or above GS-13 of the General Schedule or, in the ease of any position not under the General Schedule, for which the rate of hasie pay 8 equal to or greater than the minimum rate of asic pay payable for GS-13 of the General Schedule; or “(B) any employee of the Federal Govern ment who direetly or indirectly has inpat or any authority to determine or help determine the authorization for use or emergeney use author ization of a drug, biologieal produet, or devie. “(b) Pxommrmioy Acatwsr Seuvice BY FoRMER 23 EwpLovees OF CovERED HEALTH AGENCIES oN 24 Boakps of ENtrrtes INVOLVED ty DEVELOPMENT AND 25 Research oF 4 Deve, BrorostaL Propver, ox De- pivmnccaeooecoriant asso) Spa aca tase pe GAMAISWLESKOLESKO083.X¥, 4 1 vIce.—Any person who is a top official of a covered health 2 ayoncy of the United States, and who, within 8 years after the termination of the serviee or employment of the top official with the Tn ol Statos, serves as an officer or ‘member of the board of any association, corporation, or cotity that directly manufactures or researches a drug, title scetion 216 of th (c) PRoMMITION AGAINST PRosrTING Fro a 3 4 5 6 7 ological product, or device shall be punished as provided 8 9 0 Dave, Broroutea Propvcr, OR DEVICE By Foren 11 EMPLOYERS OF CovERED HEALTH AGENCIES INVOLVED 12. IN THE APPROVAL OF RELATED GRaNt APPLICATIONS — 13_Any person who is a former Federal employee of & covered 14 health ageney who profits from a drug, biological product, 15. or device if such employve at any point during the course 16 of service or employment with the United States was ¢ 17 vetly involved in determining whether a grant application 18 for such drug, biological produet, or deviee was approved 19 shall be subject to a evil penalty of $250,000 ancl imp 20 oned for not mote than five years nor Tess than oue year n 216(a) 21 (b) PENALTIES axp INarNctIoNs Se 22 of title 18, United States Code, is amended, in the matter 23 preceding paragraph (1), by insertin 24 +207." pinemowecooiiataiien —2tcann font ee sez) GAMMISLESKOLESCO_053.N0, 1 (e) Tabu oF CHAPTERS —Chapter 11 of title 18, United Statos Code, is amended by inserting after the 3 rem relating to section 207 the following: “207A. Prohibition win sre by forme employe of coed heh tio on boards af et ined in dont ad exh ‘dag age pracy ete 4d) Exrecrive Date—Except as provided in sub- 5 seetion (a), the 6 apply with respect to an individual whose sorviee or em- nendments made by this section shall 7 ployment with the United States ter 8 the date of the enactment of this Act. 9 (e) SPECIAL RULE Fox CERTAIN FORMER FEDERAL 10. EMPLoveEs oF Covenrp Heat AGENCIES — ul (2) Apriicarioy.—Seetion 207Me) of title 18, 12 United States Code, as added by subsection (a), 13 shall apply to am individual who at any point served 14 or was employed with the United States. 15 (2) CoMPLIANCE PeRtoD.—With respect to the 16 prohibition under section 207A(e) of title 18, United 17 States Code, as added by subsection (a), the eompli- 18 ance period for @ former Federal employee whose 19 service or employment with the United States termi- 20 nated prior tw the date of enactment of this Act 21 shall be 6 months from such date of enaetment, pivanodeecootsiaeartn (zene) ‘pnt ace zeapen) GAVMSLESKOLLESKO 653 XML 6 1 SEC. 8, PROHIBITION AGAINST OWNERSHIP OR FINANCIAL 10 i 12 13 4 15 16 18 19 20 a 2 B 4 25 26 puraooectsepoi at fot2s zat 2020) Sect ced by adding at the e (o) Pron INTEREST IN CERTAIN PATENTS. 1 208 of ttle 18, United States Code is amend the following: JON AGatNst OWNERSIUID OF FIXAN- CIAL INTEREST IN CERTAIN PATENTS. — “() Drriserioss—In this subsection: (A) Brovooteat propver—The term, “biological product” has the me: ng given suel term in section 351(i) of the Publie Health i). “(B) Coverep parENT—The term ‘eov Service Act (22 USC. 262 ered patent” means a patent issued by the United States for a drug, biological proxhuet, oF device (©) Devtee; DREG—The terms “deviee” and ‘drug’ have the meanings given those terms in section 201 of the Federal Food, Drag, and Cosmetic Act (21 U.S.C. 321). S(D) Tor orrwtat.—The term ‘top offi ia” means— “4i) each officer or employee in th executive branch who oveupies a position lassitied at or above GS-13 of the Gen- feral Schedule or, in the ease of any posi- tion not under the General Schedule, for exis GAMMIBLESKOWLES

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