(a) Appointment The Secretary shall appoint not fewer than 3 judges who shall, except as provided in subsection (b), select the 1 or more annual winners of the prize competition . (b) Determination by the Secretary The judges appointed under subsection (a) shall not select any annual winner of the prize competition if the Secretary makes a determination that, in any fiscal year, none of the technological advancements entered into the prize competition merits an award. ( Pub. L. 109–449, § 124 , formerly Pub. L. 116–224, title I, § 124 , Dec. 18, 2020 , 134 Stat. 1083 ; renumbered Pub. L. 109–449, § 124 , by Pub. L. 119–65, § 4(a) , Dec. 26, 2025 , 139 Stat. 1989 .) Editorial Notes Codification Section was formerly classified to section 4234 of this title prior to renumbering by Pub. L. 119–65 .