United States 112th Congress Status: Died 1 I cosponsors

S 1138 — Prize Fund for HIV/AIDS Act

Last action — Committee on Health, Education, Labor, and Pensions Subcommittee on Primary Health and Aging. Hearings held. With printed Hearing: S.Hrg. 112-570.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. Died in session

This bill died with 112th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Prize Fund for HIV/AIDS Act - Prohibits any person from having the right to exclusively manufacture, distribute, sell, or use in interstate commerce a qualifying treatment for HIV/AIDS or a manufacturing process for such a treatment, including the exclusive right to rely on health registration data or the 30-month stay-of-effectiveness period for Orange Book patents, notwithstanding provisions of U.S. patent law and other relevant statutes. Establishes remuneration in lieu of such market exclusivity. Makes the elimination of exclusive rights for a product that is a qualifying treatment for HIV/AIDS and that has a significant use for other diseases (dual use products) applicable only with respect to the marketing, distribution, sale, or use of a qualifying treatment for HIV/AIDS or a manufacturing process for such treatment that occurs on or after October 1, 2012. Establishes the Prize Fund for HIV/AIDS. Requires the Secretary of Health and Human Services (HHS) to designate a Prize Fund Director to administer the Fund. Directs the Prize Fund Director to award prize payments for medical innovation relating to a qualifying treatment for HIV/AIDS or a new manufacturing process for such a treatment to: (1) the first person to receive market clearance with respect to the drug or biological product; (2) the holder of the patent with respect to a manufacturing process; or (3) in the case of open source contributions, the persons or communities that openly shared knowledge, data, materials, and technology on a royalty-free and nondiscriminatory basis. Allows the Prize Fund Director to authorize multiple nonprofit intermediaries to manage Fund payments to reward projects for: (1) interim research and development of new qualifying treatments for HIV/AIDS, or (2) open source dividend prizes Sets forth transitional rules. Establishes the Donor Innovation Prize Fund to enable the Secretary to reward owners and developers of products that permit open competition for products in developing countries.

Bill Text

We don't have the full text on file for this bill yet.

Read S 1138 on the official United States source →

Action History

  1. Committee on Health, Education, Labor, and Pensions Subcommittee on Primary Health and Aging. Hearings held. With printed Hearing: S.Hrg. 112-570.

  2. Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

healthcare health-insurance technology
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Frequently asked questions

What does S 1138 do?
Prize Fund for HIV/AIDS Act - Prohibits any person from having the right to exclusively manufacture, distribute, sell, or use in interstate commerce a qualifying treatment for HIV/AIDS or a manufacturing process for such a treatment, including the exclusive right to rely on health registration data or the 30-month stay-of-effectiveness period for Orange Book patents, notwithstanding provisions of U.S. patent law and other relevant statutes. Establishes remuneration in lieu of such market exclusivity. Makes the elimination of exclusive rights for a product that is a qualifying treatment for HIV/AIDS and that has a significant use for other diseases (dual use products) applicable only with respect to the marketing, distribution, sale, or use of a qualifying treatment for HIV/AIDS or a manufacturing process for such treatment that occurs on or after October 1, 2012. Establishes the Prize Fund for HIV/AIDS. Requires the Secretary of Health and Human Services (HHS) to designate a Prize Fund Director to administer the Fund. Directs the Prize Fund Director to award prize payments for medical innovation relating to a qualifying treatment for HIV/AIDS or a new manufacturing process for such a treatment to: (1) the first person to receive market clearance with respect to the drug or biological product; (2) the holder of the patent with respect to a manufacturing process; or (3) in the case of open source contributions, the persons or communities that openly shared knowledge, data, materials, and technology on a royalty-free and nondiscriminatory basis. Allows the Prize Fund Director to authorize multiple nonprofit intermediaries to manage Fund payments to reward projects for: (1) interim research and development of new qualifying treatments for HIV/AIDS, or (2) open source dividend prizes Sets forth transitional rules. Establishes the Donor Innovation Prize Fund to enable the Secretary to reward owners and developers of products that permit open competition for products in developing countries.
Who sponsors S 1138?
S 1138 is sponsored by Bernard Sanders (I).
What is the current status of S 1138?
This bill died with 112th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track S 1138?
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