,i #aacth ,,congress #ast ,session ,h4 ,r4 #bjee ,,in ,,the ,,house ,,of ,,representatives ,may #bj1 #bjac ,mr4 ,roe of ,tennessee 7for himself1 ,mr4 ,denham1 ,mr4 ,flores1 ,mr4 ,bishop of ,new ,york1 ,mr4 ,johnson of ,ohio1 ,mr4 ,rodney ,davis of ,illinois1 and ,mr4 ,thompson of ,pennsylvania7 introduced the following bill2 which was referred to the ,committee on ,armed ,services1 and in addition to the ,committee on ,veterans' ,affairs1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to establish a prize program to award a prize and contract for the development of a fully-integrated electronic health records program for use by the ,department of ,defense and the ,department of ,veterans ,affairs4 #a4 ,short title ,this ,act may be cited as the ,integrated ,electronic ,health ,records 7i,e,h,r7 for ,military and ,veterans ,act4 #b4 ,prize program for the development of a fully-integrated electronic health records program for use by the ,department of ,defense and the ,department of ,veterans ,affairs 7a7 ,prize authority 7#a7 ,in general ,the ,secretary of ,defense and the ,secretary of ,veterans ,affairs shall jointly carry out a program to award a cash prize in the amount of #ej1jjj1jjj and contract to an entity that develops a fully-integrated electronic health records program for national use by the ,department of ,defense and the ,department of ,veterans ,affairs4 7#b7 ,advertising and solicitation of competitors 7,a7 ,advertising ,the ,secretaries shall widely advertise prize competitions under this section to encourage broad participation by researchers1 large and small businesses1 institutions of higher education1 and any other qualified applicants1 including veterans4 7,b7 ,announcement through federal register notice ,the ,secretaries shall announce each prize competition under this section by publishing a notice in the ,federal ,register4 ,this notice shall include essential elements of the competition such as the subject of the competition1 the duration of the competition1 the eligibility requirements for participation in the competition1 the process for participants to register for the competition1 the amount of the prize1 and the criteria for awarding the prize and contract4 7#c7 ,announcement of prizes ,the ,secretary may not issue a notice required by paragraph 7#b77;,b7 until all the funds needed to pay out the announced amount of the prize have been appropriated4 7b7 ,eligibility ,to be eligible to win a prize under this section1 an individual or entity-- 7#a7 shall have complied with all the requirements in accordance with the ,federal ,register notice required under subsection 7a77#b77;,b72 7#b7 in the case of a private entity1 shall be incorporated in and maintain a primary place of business in the ,united ,states1 and in the case of an individual1 whether participating singly or in a group1 shall be a citizen of1 or an alien lawfully admitted for permanent residence in1 the ,united ,states2 and 7#c7 shall not be a ,federal entity1 a ,federal employee acting within the scope of his employment1 or an employee of a national laboratory acting within the scope of his employment4 7c7 ,joint panel 7#a7 ,establishment ,the ,secretary of ,defense and the ,secretary of ,veterans ,affairs shall establish a joint panel to establish the criteria for the development of a fully-integrated electronic health records program eligible for an award and contract under this section to ensure that the program meets the requirements of the ,department of ,defense and the ,department of ,veterans ,affairs4 7#b7 ,membership 7,a7 ,in general ,the members of the joint panel shall be-- 7i7 one physician from each of the military departments1 to be appointed by the ,secretary of the military department concerned2 7ii7 two physicians employed by the ,department of ,veterans ,affairs1 to be appointed by the ,secretary of ,veterans ,affairs2 and 7iii7 two representatives of the ,veterans ,benefits ,administration of the ,department of ,veterans ,affairs1 to be appointed by the ,secretary of ,veterans ,affairs4 7,b7 ,deadline for appointment ,members of the joint panel shall be appointed by not later than #ad days after the date of the enactment of this ,act4 ,any member who is not appointed by such deadline shall not be appointed to the panel4 7#c7 ,deadline for criteria ,the joint panel shall establish criteria with sufficient specificity for development1 taking best practices of private and public electronic health records under consideration4 ,if the panel fails to agree on such criteria or if an insufficient number of members are appointed to the panel before the deadline under paragraph 7#b77;,b71 the ,national ,health ,information ,technology ,coordinator shall determine such criteria1 taking best practices of private and public electronic health record systems into consideration4 7d7 ,deadline for submissions ,the deadline for the submission of an application to participate in the competition under this section is the date that is one year after the date on which the criteria are established under subsection 7c71 or if such date falls on a weekend1 the next weekday following such date4 7e7 ,award selection ,the ,secretary of ,defense and the ,secretary of ,veterans ,affairs shall award prizes under this section on the basis of the criteria published in the notice required under subsection 7a77#b77;,b74 7f7 ,contract ,notwithstanding any other provision of law1 the entity that is awarded a prize under this section shall be awarded a contract with the ,department of ,defense and the ,department of ,veterans ,affairs to provide the fully-integrated electronic health records program for which the prize is awarded to the ,departments and to provide maintenance and support for such program for a five-year period and under such contract shall be compensated in an amount of #be1jjj1jjj for each year4 7g7 ,intellectual property 7#a7 ,treatment of winning intellectual property ,upon the expiration of the contract referred to in subsection 7e7 the intellectual property rights in the fully-integrated electronic health records program for which a prize is awarded under this section shall revert to the ,federal ,government4 ,the entity that is awarded a prize under this section shall retain the intellectual property rights in any upgrades to the program developed by the entity4 7#b7 ,other intellectual property ,except as provided in paragraph 7#a71 the ,federal ,government shall not1 by virtue of offering or awarding a prize under this section1 be entitled to any intellectual property rights derived as a consequence of1 or direct relation to1 the participation by a registered participant in a competition authorized by this section4 ,this subsection shall not be construed to prevent the ,federal ,government from negotiating a license for the use of intellectual property developed for a prize competition under this section4 7h7 ,liability 7#a7 ,waiver of liability ,the ,secretary of ,defense and the ,secretary of ,veterans ,affairs may require registered participants to waive claims against the ,federal ,government 7except claims for willful misconduct7 for any injury1 death1 damage1 or loss of property1 revenue1 or profits arising from the registered participants' participation in a competition under this section4 ,the ,secretary shall give notice of any waiver required under this paragraph in the notice required by subsection 7a77#b77;,b74 7#b7 ,liability insurance 7,a7 ,requirements ,registered participants in a prize competition under this section shall be required to obtain liability insurance or demonstrate financial responsibility1 in amounts determined by the ,secretary1 for claims by-- 7i7 a third party for death1 bodily injury1 or property damage or loss resulting from an activity carried out in connection with participation in a competition under this section2 and 7ii7 the ,federal ,government for damage or loss to ,government property resulting from such an activity4 7,b7 ,federal government insured ,the ,federal ,government shall be named as an additional insured under a registered participant's insurance policy required under subparagraph 7,a7 with respect to claims described in clause 7i7 of that subparagraph1 and registered participants shall be required to agree to indemnify the ,federal ,government against third party claims for damages arising from or related to competition activities under this section4 7i7 ,nonsubstitution ,the programs created under this section shall not be considered a substitute for ,federal research and development programs4 7j7 ,authorization of appropriations ,there is authorized to be appropriated #ej1jjj1jjj to carry out this section4