Us Congress 2025-2026 Regular Session

Us Congress Senate Bill SB855 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 II
22 119THCONGRESS
33 1
44 STSESSION S. 855
55 To require executive branch employees to report certain royalties, and for
66 other purposes.
77 IN THE SENATE OF THE UNITED STATES
88 MARCH5, 2025
99 Mr. P
1010 AUL(for himself and Mr. SCOTTof Florida) introduced the following
1111 bill; which was read twice and referred to the Committee on Homeland
1212 Security and Governmental Affairs
1313 A BILL
1414 To require executive branch employees to report certain
1515 royalties, and for other purposes.
1616 Be it enacted by the Senate and House of Representa-1
1717 tives of the United States of America in Congress assembled, 2
1818 SECTION 1. SHORT TITLE. 3
1919 This Act may be cited as the ‘‘Royalty Transparency 4
2020 Act’’. 5
2121 SEC. 2. FINANCIAL DISCLOSURE REPORTS OF EXECUTIVE 6
2222 BRANCH EMPLOYEES. 7
2323 (a) I
2424 NDIVIDUALSREQUIREDTOFILE.— 8
2525 (1) I
2626 N GENERAL.—Section 13103 of title 5, 9
2727 United States Code, is amended— 10
2828 VerDate Sep 11 2014 22:53 Mar 06, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S855.IS S855
2929 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2
3030 •S 855 IS
3131 (A) in subsection (f)— 1
3232 (i) in paragraph (11), by striking ‘‘; 2
3333 and’’ and inserting a semicolon; 3
3434 (ii) in paragraph (12), by striking the 4
3535 period and inserting ‘‘; and’’; and 5
3636 (iii) by adding at the end the fol-6
3737 lowing: 7
3838 ‘‘(13) any member of— 8
3939 ‘‘(A) the National Science Advisory Board 9
4040 for Biosecurity; 10
4141 ‘‘(B) the Advisory Committee on Immuni-11
4242 zation Practices; 12
4343 ‘‘(C) the Advisory Commission on Child-13
4444 hood Vaccines; 14
4545 ‘‘(D) the National Vaccine Advisory Com-15
4646 mittee; 16
4747 ‘‘(E) the Vaccines and Related Biological 17
4848 Products Advisory Committee; 18
4949 ‘‘(F) the Defense Science Board; 19
5050 ‘‘(G) the Board of Scientific Advisors of 20
5151 the National Cancer Institute; 21
5252 ‘‘(H) the Homeland Security Science and 22
5353 Technology Advisory Committee; 23
5454 ‘‘(I) the Medical Review Board Advisory 24
5555 Committee; 25
5656 VerDate Sep 11 2014 22:53 Mar 06, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S855.IS S855
5757 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3
5858 •S 855 IS
5959 ‘‘(J) the President’s Council of Advisors on 1
6060 Science and Technology; or 2
6161 ‘‘(K) any other advisory committee, as de-3
6262 fined in section 1001, including a successor to 4
6363 a committee described in this paragraph, that 5
6464 the Government Accountability Office deter-6
6565 mines, in accordance with subsection (j)— 7
6666 ‘‘(i) makes recommendations relating 8
6767 to public health to an agency or the Presi-9
6868 dent; and 10
6969 ‘‘(ii) has had any recommendation 11
7070 fully or partially implemented during the 12
7171 10 years preceding the determination.’’; 13
7272 and 14
7373 (B) by adding at the end the following: 15
7474 ‘‘(j) D
7575 ETERMINATION REGARDINGADVISORYCOM-16
7676 MITTEES.—Not later than 180 days after the date of en-17
7777 actment of the Royalty Transparency Act, and annually 18
7878 thereafter, the Government Accountability Office shall 19
7979 publish a list of each advisory committee that the Govern-20
8080 ment Accountability Office determines— 21
8181 ‘‘(1) makes recommendations relating to public 22
8282 health to an agency or the President; and 23
8383 VerDate Sep 11 2014 22:53 Mar 06, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S855.IS S855
8484 kjohnson on DSK7ZCZBW3PROD with $$_JOB 4
8585 •S 855 IS
8686 ‘‘(2) has had any recommendation fully or par-1
8787 tially implemented during the 10 years preceding the 2
8888 determination.’’. 3
8989 (2) S
9090 UNSET.—Effective on the date that is 5 4
9191 years after the date of enactment of this Act, section 5
9292 13103 of title 5, United States Code, as amended by 6
9393 this Act, is amended— 7
9494 (A) in subsection (f)(13), by striking sub-8
9595 paragraph (K) and inserting the following: 9
9696 ‘‘(K) a successor to a committee described 10
9797 in subparagraphs (A) through (J) of this para-11
9898 graph.’’; and 12
9999 (B) by striking subsection (j). 13
100100 (b) N
101101 OTIFICATION OFWAIVER.— 14
102102 (1) T
103103 ITLE 5.—Section 13103(i) of title 5, 15
104104 United States Code, is amended— 16
105105 (A) by moving the matter preceding para-17
106106 graph (1) two ems to the left; 18
107107 (B) by redesignating paragraphs (1) 19
108108 through (4) as subparagraphs (A) through (D), 20
109109 respectively; 21
110110 (C) in the matter preceding subparagraph 22
111111 (A), as so redesignated, by striking ‘‘the super-23
112112 vising ethics office determines’’ and inserting 24
113113 ‘‘the supervising ethics office— 25
114114 VerDate Sep 11 2014 22:53 Mar 06, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S855.IS S855
115115 kjohnson on DSK7ZCZBW3PROD with $$_JOB 5
116116 •S 855 IS
117117 ‘‘(1) determines’’; 1
118118 (D) in subparagraph (D), as so redesig-2
119119 nated, by striking the period at the end and in-3
120120 serting ‘‘; and’’; and 4
121121 (E) by adding at the end the following: 5
122122 ‘‘(2) provides notification of such waiver to the 6
123123 Committees on Homeland Security and Govern-7
124124 mental Affairs and Commerce, Science, and Trans-8
125125 portation of the Senate and the Committees on 9
126126 Oversight and Government Reform and Energy and 10
127127 Commerce of the House of Representatives.’’. 11
128128 (2) T
129129 ITLE 18.—Section 208 of title 18, United 12
130130 States Code, is amended by adding at the end the 13
131131 following: 14
132132 ‘‘(e) Any exemption— 15
133133 ‘‘(1) granted under paragraph (1) or (3) of sub-16
134134 section (b) shall be immediately reported to the 17
135135 Committees on Homeland Security and Govern-18
136136 mental Affairs and Commerce, Science, and Trans-19
137137 portation of the Senate and the Committees on 20
138138 Oversight and Government Reform and Energy and 21
139139 Commerce of the House of Representatives, includ-22
140140 ing a detailed justification for granting the waiver; 23
141141 or 24
142142 VerDate Sep 11 2014 22:53 Mar 06, 2025 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S855.IS S855
143143 kjohnson on DSK7ZCZBW3PROD with $$_JOB 6
144144 •S 855 IS
145145 ‘‘(2) granted under subpart (C) of part 2640 of 1
146146 title 5 of the Code of Federal Regulations, or any 2
147147 successor regulation, shall be immediately reported 3
148148 to the Committees on Homeland Security and Gov-4
149149 ernmental Affairs and Commerce, Science, and 5
150150 Transportation of the Senate and the Committees on 6
151151 Oversight and Government Reform and Energy and 7
152152 Commerce of the House of Representatives, includ-8
153153 ing a detailed justification for granting the waiver.’’. 9
154154 (c) C
155155 ONTENTS OFREPORTS.—Section 13104(a)(1) of 10
156156 title 5, United States Code, is amended— 11
157157 (1) in subparagraph (A), by inserting ‘‘, subject 12
158158 to subparagraph (C)’’ after ‘‘employment by the 13
159159 United States Government’’; and 14
160160 (2) by inserting after subparagraph (B) the fol-15
161161 lowing: 16
162162 ‘‘(C) R
163163 OYALTIES RECEIVED BY GOVERN -17
164164 MENT EMPLOYEES AND COMMITTEE FILERS .— 18
165165 Notwithstanding section 12(c) of the Stevenson- 19
166166 Wydler Technology Innovation Act of 1980 (15 20
167167 U.S.C. 3710a(c)) and section 209 of title 35, if 21
168168 the reporting individual is an officer or em-22
169169 ployee in the executive branch (including a spe-23
170170 cial Government employee, as defined in section 24
171171 202 of title 18), or an individual described in 25
172172 VerDate Sep 11 2014 22:53 Mar 06, 2025 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S855.IS S855
173173 kjohnson on DSK7ZCZBW3PROD with $$_JOB 7
174174 •S 855 IS
175175 section 13103(f)(13), the original source and 1
176176 amount or value of any royalties received by the 2
177177 reporting individual, the spouse of the reporting 3
178178 individual, or a dependent child of the reporting 4
179179 individual during the reporting period described 5
180180 in subsection (d) or (e) of section 13103, as ap-6
181181 plicable, that were received as a result of an in-7
182182 vention developed by the reporting individual in 8
183183 the course of employment of the reporting indi-9
184184 vidual with the United States Government, in-10
185185 cluding any royalty interest payment made 11
186186 under the Federal Technology Transfer Act of 12
187187 1986 (Public Law 99–502; 100 Stat. 1785), an 13
188188 amendment made by such Act, or any other ap-14
189189 plicable authority.’’. 15
190190 (d) R
191191 EVIEW OFREPORTS.—Section 13107(b) of title 16
192192 5, United States Code, is amended— 17
193193 (1) in paragraph (1)— 18
194194 (A) in the first sentence, by inserting ‘‘and 19
195195 shall, in the case of an agency or office and not-20
196196 withstanding section 12 of the Stevenson- 21
197197 Wydler Technology Act of 1980 (15 U.S.C. 22
198198 3710a) and section 209 of title 35, publish such 23
199199 report on the internet website of the agency or 24
200200 VerDate Sep 11 2014 22:53 Mar 06, 2025 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S855.IS S855
201201 kjohnson on DSK7ZCZBW3PROD with $$_JOB 8
202202 •S 855 IS
203203 office, as the case may be’’ after ‘‘to any person 1
204204 requesting such inspection or copy’’; and 2
205205 (B) in the second sentence— 3
206206 (i) by inserting ‘‘, notwithstanding 4
207207 section 12 of the Stevenson-Wydler Tech-5
208208 nology Act of 1980 (15 U.S.C. 3710a) and 6
209209 section 209 of title 35,’’ after ‘‘such report 7
210210 shall’’; and 8
211211 (ii) by inserting ‘‘and, in the case of 9
212212 an agency or office, published on the inter-10
213213 net website of the agency or office, as the 11
214214 case may be,’’ after ‘‘made available for 12
215215 public inspection’’; 13
216216 (2) by striking paragraph (2) and the matter 14
217217 following paragraph (2); 15
218218 (3) by redesignating paragraph (3) as para-16
219219 graph (2); and 17
220220 (4) by adding at the end the following: 18
221221 ‘‘(3) P
222222 ROCEDURE FOR RELEASING REPORTS TO 19
223223 MEMBERS OF CONGRESS .—Notwithstanding any 20
224224 other provision of law, not later than 30 days after 21
225225 receiving a request from a Member of Congress, any 22
226226 agency or supervising ethics office in the executive 23
227227 branch shall furnish to the Member of Congress a 24
228228 copy of any report submitted under subsection (b), 25
229229 VerDate Sep 11 2014 22:53 Mar 06, 2025 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S855.IS S855
230230 kjohnson on DSK7ZCZBW3PROD with $$_JOB 9
231231 •S 855 IS
232232 which shall be unredacted, except with respect to so-1
233233 cial security numbers, dates of birth, home address-2
234234 es, rental property addresses, phone numbers, email 3
235235 addresses, financial account numbers, signatures, 4
236236 and the personally identifiable information of de-5
237237 pendent children.’’. 6
238238 (e) C
239239 ONFIDENTIALREPORTS AND OTHERADDI-7
240240 TIONALREQUIREMENTS.—Section 13109 of title 5, 8
241241 United States Code, is amended— 9
242242 (1) by redesignating subsections (b) and (c) as 10
243243 subsections (f) and (g), respectively; and 11
244244 (2) by inserting after subsection (a) the fol-12
245245 lowing: 13
246246 ‘‘(b) R
247247 OYALTIESRECEIVED BYCONFIDENTIALFIL-14
248248 ERS.—Notwithstanding section 12(c) of the Stevenson- 15
249249 Wydler Technology Innovation Act of 1980 (15 U.S.C. 16
250250 3710a(c)) and section 209 of title 35, the information re-17
251251 quired to be reported under this section shall include the 18
252252 original source and amount or value of any royalties re-19
253253 ceived by the reporting individual, or the spouse or any 20
254254 dependent child of the reporting individual, that were re-21
255255 ceived as a result of an invention, including any royalty 22
256256 interest payment made under the Federal Technology 23
257257 Transfer Act of 1986 (Public Law 99–502; 100 Stat. 24
258258 VerDate Sep 11 2014 22:53 Mar 06, 2025 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S855.IS S855
259259 kjohnson on DSK7ZCZBW3PROD with $$_JOB 10
260260 •S 855 IS
261261 1785), an amendment made by such Act, or any other ap-1
262262 plicable authority. 2
263263 ‘‘(c) P
264264 ROCEDURE FOR RELEASINGREPORTS TO 3
265265 M
266266 EMBERS OF CONGRESS.—Notwithstanding any other 4
267267 provision of law, not later than 30 days after receiving 5
268268 a request from a Member of Congress, any agency or su-6
269269 pervising ethics office in the executive branch shall furnish 7
270270 to the Member of Congress a copy of any report submitted 8
271271 under subsection (a), which shall be unredacted, except 9
272272 with respect to social security numbers, dates of birth, 10
273273 home addresses, rental property addresses, phone num-11
274274 bers, email addresses, financial account numbers, signa-12
275275 tures, and the personally identifiable information of de-13
276276 pendent children. 14
277277 ‘‘(d) R
278278 EPORTS.—Not later than 60 days after the 15
279279 date of enactment of the Royalty Transparency Act, and 16
280280 each year thereafter, the head of each agency shall submit 17
281281 to the Committees on Homeland Security and Govern-18
282282 mental Affairs and Commerce, Science, and Transpor-19
283283 tation of the Senate and the Committees on Oversight and 20
284284 Government Reform and Energy and Commerce of the 21
285285 House of Representatives, and as to each agency within 22
286286 the intelligence community (as that term is defined in sec-23
287287 tion 3 of the National Security Act of 1947 (50 U.S.C. 24
288288 3003)), the head of each such agency shall also submit 25
289289 VerDate Sep 11 2014 22:53 Mar 06, 2025 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S855.IS S855
290290 kjohnson on DSK7ZCZBW3PROD with $$_JOB 11
291291 •S 855 IS
292292 to the Select Committee on Intelligence of the Senate and 1
293293 the Permanent Select Committee on Intelligence of the 2
294294 House of Representatives, a report relating to confidential 3
295295 financial disclosures of officers and employees under the 4
296296 jurisdiction of such agency for the preceding fiscal year, 5
297297 which shall include— 6
298298 ‘‘(1) the number of individuals who filed such 7
299299 disclosures with the agency under this section, in-8
300300 cluding, if applicable, the subcomponent of the agen-9
301301 cy that has jurisdiction over the individual and the 10
302302 reason for filing confidentially; 11
303303 ‘‘(2) the number of special Government employ-12
304304 ees, as defined in section 202 of title 18, that are 13
305305 required to file confidential financial disclosure re-14
306306 ports with the agency under this section; and 15
307307 ‘‘(3) any additional information determined to 16
308308 be relevant by the Director of the Office of Govern-17
309309 ment Ethics after consultation with the Committees 18
310310 on Homeland Security and Governmental Affairs 19
311311 and Commerce, Science, and Transportation of the 20
312312 Senate and the Committees on Oversight and Gov-21
313313 ernment Reform and Energy and Commerce of the 22
314314 House of Representatives. 23
315315 ‘‘(e) P
316316 UBLICDISCLOSURE OFROYALTIESRECEIVED 24
317317 BYCERTAINFEDERALEMPLOYEES.— 25
318318 VerDate Sep 11 2014 22:53 Mar 06, 2025 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S855.IS S855
319319 kjohnson on DSK7ZCZBW3PROD with $$_JOB 12
320320 •S 855 IS
321321 ‘‘(1) DEFINITION.—For the purposes of this 1
322322 subsection, the term ‘covered individual’ means an 2
323323 individual who— 3
324324 ‘‘(A) is required to file a confidential finan-4
325325 cial disclosure report under this section; and 5
326326 ‘‘(B) reports receiving a royalty interest 6
327327 under subsection (b). 7
328328 ‘‘(2) R
329329 EQUIREMENT.—Not later than 180 days 8
330330 after the date of enactment of the Royalty Trans-9
331331 parency Act, and annually thereafter, each agency 10
332332 shall publish a report on the internet website of the 11
333333 agency, listing— 12
334334 ‘‘(A) the names of all covered individuals; 13
335335 and 14
336336 ‘‘(B) the original source and amount or 15
337337 value of any royalties reported under this sec-16
338338 tion by each covered individual.’’. 17
339339 (f) R
340340 ULE OFCONSTRUCTION.—Nothing in this sec-18
341341 tion, or any amendment made by this section, shall be con-19
342342 strued to limit the ability of an advisory committee, as 20
343343 defined in section 1001 of title 5, United States Code, to 21
344344 conduct work related to the function of the advisory com-22
345345 mittee. 23
346346 VerDate Sep 11 2014 22:53 Mar 06, 2025 Jkt 059200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S855.IS S855
347347 kjohnson on DSK7ZCZBW3PROD with $$_JOB 13
348348 •S 855 IS
349349 SEC. 3. PREVENTING ORGANIZATIONAL CONFLICTS OF IN-1
350350 TEREST IN FEDERAL ACQUISITION. 2
351351 (a) I
352352 NGENERAL.—The Federal Acquisition Regu-3
353353 latory Council and the Office of Management and Budget 4
354354 shall, as appropriate, enact or update any regulation nec-5
355355 essary to ensure that conflict of interest reviews for pro-6
356356 spective contractors or grantees include reviews of royal-7
357357 ties paid to prospective contractors or grantees in the pre-8
358358 ceding calendar year. 9
359359 (b) O
360360 NGOINGREVIEWS.—Not later than 1 year after 10
361361 the date of enactment of this Act, and each year there-11
362362 after, each agency conducting any conflict of interest re-12
363363 view described in subsection (a) shall report to the Com-13
364364 mittees on Homeland Security and Governmental Affairs 14
365365 and Commerce, Science, and Transportation of the Senate 15
366366 and the Committees on Oversight and Government Re-16
367367 form and Energy and Commerce of the House of Rep-17
368368 resentatives, and as to each agency within the intelligence 18
369369 community (as that term is defined in section 3 of the 19
370370 National Security Act of 1947 (50 U.S.C. 3003)), the 20
371371 head of each such agency shall also report to the Select 21
372372 Committee on Intelligence of the Senate and the Perma-22
373373 nent Select Committee on Intelligence of the House of 23
374374 Representatives, on the number of identified cases of po-24
375375 tential conflict of interest related to royalty payments and 25
376376 the steps taken to mitigate those cases. 26
377377 VerDate Sep 11 2014 22:53 Mar 06, 2025 Jkt 059200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S855.IS S855
378378 kjohnson on DSK7ZCZBW3PROD with $$_JOB 14
379379 •S 855 IS
380380 SEC. 4. SEVERABILITY. 1
381381 If any provision of this Act, an amendment made by 2
382382 this Act, or the application of such provision or amend-3
383383 ment to any person or circumstance is held to be unconsti-4
384384 tutional, the remainder of this Act and the amendments 5
385385 made by this Act, and the application of the provision or 6
386386 the amendment to any other person or circumstance, shall 7
387387 not be affected. 8
388388 Æ
389389 VerDate Sep 11 2014 22:53 Mar 06, 2025 Jkt 059200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6301 E:\BILLS\S855.IS S855
390390 kjohnson on DSK7ZCZBW3PROD with $$_JOB