Sec. 1002. Prize competitions
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Part B of title IV of the Public Health Service Act ( 42 U.S.C. 284 et seq. ) is amended by adding at the end the following: The Director of NIH shall establish and implement an Innovation Prizes Program for one or both of the following goals: Identifying and funding areas of biomedical science that could realize significant advancements through the creation of a prize competition. Improving health outcomes, particularly with respect to human diseases and conditions for which public and private investment in research is disproportionately small relative to Federal Government expenditures on prevention and treatment activities, thereby reducing Federal expenditures on health programs.
Not later than 6 months after the date of enactment of this section, the Director of NIH shall— design prize competitions— to cooperate with competitors to realize innovations to identify and address areas of biomedical science that could realize significant advancements through the creation of a prize competition; and to award one or more prizes— if appropriate, at the beginning of or during the competitions, to the competitors whose innovations are most promising or demonstrate progress; and at the end of the competitions, to the competitors whose innovations prove to be the best solutions; ensure that the design of such competitions— is realistic, given the amount of funds to be awarded as prizes; does not reflect any bias concerning the type of innovations which will prove to be the best solutions; and allows any person to participate as a competitor without regard to the person’s place of incorporation, primary place of business, citizenship, and residency, as applicable; and submit to the Congress a report on the design of such competitions.
The Director of NIH shall establish and maintain a board, to be known as the I-Prize Board, to advise and assist the Director of NIH in carrying out this section. The I-Prize Board shall be composed of nine voting members as follows: The Director of NIH (or the Director’s designee). Four members appointed by the Director of NIH. One member appointed by the Speaker of the House of Representatives. One member appointed by the majority leader of the Senate. One member appointed by the minority leader of the House of Representatives.
One member appointed by the minority leader in the Senate. The members of the I-Prize Board appointed under clauses
(ii)through
(vi)of subparagraph
(A)shall, collectively, include medical, economic, budgetary, innovation, or venture capital experts from for-profit and not-for-profit private sector entities with experience in awarding prizes similar to the prizes under this section. The appointed members of the I-Prize Board shall each be appointed for a term of 5 years. The initial appointed members of the I-Prize Board shall be appointed not later than 120 days after the date of enactment of this section. The I-Prize Board shall be responsible for advising the Director of NIH by— identifying areas of biomedical science that could realize significant advancements through the creation of a prize competition; making recommendations on establishing the criteria for prize competitions under this section; making recommendations on which business organizations or other entities have successfully met the criteria established for the prize competition; and gaining insight from researchers, health economists, academia, and industry on how to conduct prize competitions. Any member of the I-Prize Board, and any officer or employee of the National Institutes of Health responsible for carrying out this section, may not personally or substantially participate in the consideration or determination by the I-Prize Board of any matter that would directly or predictably effect any financial interest of— the individual or a relative (as such term is defined in section 109(16) of the Ethics in Government Act of 1978) of the individual; or of any business organization or other entity— of which the individual is an officer or employee; with respect to which the individual is negotiating for employment; or in which the individual has any other financial interest. The Director of NIH may not, with respect to an innovation, award a prize under this section to any individual or entity that has a vested financial interest in any product or procedure that is likely to be developed or marketed because of such innovation. The full monetary amount of any prize awarded under this section shall be made available to the prize winner not later than 90 days after the date of such award. The Director of NIH may— award one or more contracts— to perform a simulation of the prize competitions to be conducted under this section, based on the designs developed under subsection (b); and to use the simulation to assess the effectiveness of the design; and not later than 4 months after awarding such one or more contracts, submit to the Congress a report on the results of the simulation and assessment. The Director of NIH may enter into an agreement with one or more entities described in section 501(c), and exempt from tax under section 501(a), of the Internal Revenue Code of 1986 to implement prize competitions based on the designs developed under subsection (b). If the Director of NIH enters into an agreement under paragraph
(1)to provide funds or other assistance (including in-kind contributions and testing or other technical support) to an entity to implement a prize competition under this section— not more than 15 percent of such assistance shall be for administration of the prize competition; and not less than 85 percent of such assistance shall be for activities in direct support of competitors such as demonstration, testing, education, and prize awards. The Director of NIH shall— collect information on— the medical efficacy of innovations funded through the prize competitions under this section; and the actual and potential effect of the innovations on Federal expenditures; and not later than 1 year after the conclusion of the prize competitions under this section, and not later than the end of each of the 4 succeeding years, submit to the Congress a report on the information collected under paragraph (1). The Federal Government may not gain an interest in intellectual property developed by a participant in a prize competition under this section without the written consent of the participant. The Federal Government may negotiate a license for the use of intellectual property developed by a participant in a prize competition under this section. .
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Sec. 1002
Prize competitions
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