419 
‘‘(I) make recommendations for the pri-
ority for periodic reviews of previous compara-
tive effectiveness research and studies con-
ducted by the Center under subsection (a); 
‘‘(J) routinely review processes of the Cen-
ter with respect to such research to confirm 
that the information produced by such research 
is objective, credible, consistent with standards 
of evidence established under this section, and 
developed through a transparent process that 
includes consultations with appropriate stake-
holders; 
‘‘(K) at least annually, provide guidance or 
recommendations to health care providers and 
consumers for the use of information on the 
comparative effectiveness of health care services 
by consumers, providers (as defined for pur-
poses of regulations promulgated under section 
264(c) of the Health Insurance Portability and 
Accountability Act of 1996) and public and pri-
vate purchasers; 
‘‘(L) make recommendations for a strategy 
to disseminate the findings of research con-
ducted and supported under this section that 
enables clinicians to improve performance, con-
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sumers to make more informed health care de-
cisions, and payers to set medical policies that 
improve quality and value; 
‘‘(M) provide for the public disclosure of 
relevant reports described in subsection (d)(2); 
and 
‘‘(N) submit to Congress an annual report 
on the progress of the Center in achieving na-
tional priorities determined under subparagraph 
(A) for the provision of credible comparative ef-
fectiveness information produced from such re-
search to all interested parties. 
‘‘(3) COMPOSITION OF COMMISSION.— 
‘‘(A) IN GENERAL.—The members of the 
Commission shall consist of— 
‘‘(i) the Director of the Agency for 
Healthcare Research and Quality; 
‘‘(ii) the Chief Medical Officer of the 
Centers for Medicare & Medicaid Services; 
and 
‘‘(iii) up to 15 additional members 
who shall represent broad constituencies of 
stakeholders including clinicians, patients, 
researchers, third-party payers, consumers 
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of Federal and State beneficiary programs. 
. 
‘‘(B) QUALIFICATIONS.— 
‘‘(i) DIVERSE
REPRESENTATION
OF 
PERSPECTIVES.—The 
members 
of 
the 
Commission shall represent a broad range 
of perspectives and shall collectively have 
experience in the following areas: 
‘‘(I) Epidemiology. 
‘‘(II) Health services research. 
‘‘(III) Bioethics. 
‘‘(IV) Decision sciences. 
‘‘(V) Economics. 
‘‘(ii) DIVERSE
REPRESENTATION
OF 
HEALTH CARE COMMUNITY.—At least one 
member shall represent each of the fol-
lowing health care communities: 
‘‘(I) Consumers. 
‘‘(II) Practicing physicians, in-
cluding surgeons. 
‘‘(III) Employers. 
‘‘(IV) Public payers. 
‘‘(V) Insurance plans. 
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‘‘(VI) Clinical researchers who 
conduct research on behalf of pharma-
ceutical or device manufacturers. 
‘‘(4) APPOINTMENT.—The Comptroller General 
of the United States, in consultation with the chairs 
of the committees of jurisdiction of the House of 
Representatives and the Senate, shall appoint the 
members of the Commission. 
‘‘(5) CHAIRMAN; VICE CHAIRMAN.—The Comp-
troller General of the United States shall designate 
a member of the Commission, at the time of ap-
pointment of the member, as Chairman and a mem-
ber as Vice Chairman for that term of appointment, 
except that in the case of vacancy of the Chairman-
ship or Vice Chairmanship, the Comptroller General 
may designate another member for the remainder of 
that member’s term. 
‘‘(6) TERMS.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), each member of the Com-
mission shall be appointed for a term of 4 
years. 
‘‘(B) TERMS OF INITIAL APPOINTEES.—Of 
the members first appointed— 
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‘‘(i) 10 shall be appointed for a term 
of 4 years; and 
‘‘(ii) 9 shall be appointed for a term 
of 3 years. 
‘‘(7) COORDINATION.—To enhance effectiveness 
and coordination, the Comptroller General is encour-
aged, to the greatest extent possible, to seek coordi-
nation between the Commission and the National 
Advisory Council of the Agency for Healthcare Re-
search and Quality. 
‘‘(8) CONFLICTS OF INTEREST.—In appointing 
the members of the Commission or a clinical per-
spective advisory panel described in paragraph 
(2)(G), the Comptroller General of the United States 
or the Commission, respectively, shall take into con-
sideration any financial conflicts of interest. 
‘‘(9) COMPENSATION.—While serving on the 
business of the Commission (including traveltime), a 
member of the Commission shall be entitled to com-
pensation at the per diem equivalent of the rate pro-
vided for level IV of the Executive Schedule under 
section 5315 of title 5, United States Code; and 
while so serving away from home and the member’s 
regular place of business, a member may be allowed 
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travel expenses, as authorized by the Director of the 
Commission. 
‘‘(10) AVAILABILITY OF REPORTS.—The Com-
mission shall transmit to the Secretary a copy of 
each report submitted under this subsection and 
shall make such reports available to the public. 
‘‘(11) DIRECTOR
AND
STAFF; EXPERTS
AND 
CONSULTANTS.—Subject to such review as the Sec-
retary, in consultation with the Comptroller General 
deems necessary to assure the efficient administra-
tion of the Commission, the Commission may— 
‘‘(A) employ and fix the compensation of 
an Executive Director (subject to the approval 
of the Secretary, in consultation with the 
Comptroller General) and such other personnel 
as may be necessary to carry out its duties 
(without regard to the provisions of title 5, 
United States Code, governing appointments in 
the competitive service); 
‘‘(B) seek such assistance and support as 
may be required in the performance of its du-
ties from appropriate Federal departments and 
agencies; 
‘‘(C) enter into contracts or make other ar-
rangements, as may be necessary for the con-
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duct of the work of the Commission (without 
regard to section 3709 of the Revised Statutes 
(41 U.S.C. 5)); 
‘‘(D) make advance, progress, and other 
payments which relate to the work of the Com-
mission; 
‘‘(E) provide transportation and subsist-
ence for persons serving without compensation; 
and 
‘‘(F) prescribe such rules and regulations 
as it deems necessary with respect to the inter-
nal organization and operation of the Commis-
sion. 
‘‘(12) POWERS.— 
‘‘(A) OBTAINING
OFFICIAL
DATA.—The 
Commission may secure directly from any de-
partment or agency of the United States infor-
mation necessary to enable it to carry out this 
section. Upon request of the Executive Director, 
the head of that department or agency shall 
furnish that information to the Commission on 
an agreed upon schedule. 
‘‘(B) DATA
COLLECTION.—In order to 
carry out its functions, the Commission shall— 
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‘‘(i) utilize existing information, both 
published and unpublished, where possible, 
collected and assessed either by its own 
staff or under other arrangements made in 
accordance with this section, 
‘‘(ii) carry out, or award grants or 
contracts for, original research and experi-
mentation, where existing information is 
inadequate, and 
‘‘(iii) adopt procedures allowing any 
interested party to submit information for 
the Commission’s use in making reports 
and recommendations. 
‘‘(C) ACCESS OF GAO TO INFORMATION.— 
The Comptroller General shall have unrestricted 
access to all deliberations, records, and non-
proprietary data of the Commission, imme-
diately upon request. 
‘‘(D) PERIODIC AUDIT.—The Commission 
shall be subject to periodic audit by the Comp-
troller General. 
‘‘(c) RESEARCH REQUIREMENTS.—Any research con-
ducted, supported, or synthesized under this section shall 
meet the following requirements: 
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‘‘(1) ENSURING TRANSPARENCY, CREDIBILITY, 
AND ACCESS.— 
‘‘(A) The establishment of the agenda and 
conduct of the research shall be insulated from 
inappropriate political or stakeholder influence. 
‘‘(B) Methods of conducting such research 
shall be scientifically based. 
‘‘(C) All aspects of the prioritization of re-
search, conduct of the research, and develop-
ment of conclusions based on the research shall 
be transparent to all stakeholders. 
‘‘(D) The process and methods for con-
ducting such research shall be publicly docu-
mented and available to all stakeholders. 
‘‘(E) Throughout the process of such re-
search, the Center shall provide opportunities 
for all stakeholders involved to review and pro-
vide comment on the methods and findings of 
such research. 
‘‘(2) USE OF CLINICAL PERSPECTIVE ADVISORY 
PANELS.—The research shall meet a national re-
search 
priority 
determined 
under 
subsection 
(b)(2)(A) and shall examine the specific research in-
quiry framed by the clinical perspective advisory 
panel for the national research priority. 
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‘‘(3) STAKEHOLDER INPUT.—The priorities of 
the research, the research, and the dissemination of 
the research shall involve the consultation of pa-
tients, health care providers, and health care con-
sumer representatives through transparent mecha-
nisms recommended by the Commission. 
‘‘(d) PUBLIC ACCESS TO COMPARATIVE EFFECTIVE-
NESS INFORMATION.— 
‘‘(1) IN
GENERAL.—Not later than 90 days 
after receipt by the Center or Commission, as appli-
cable, of a relevant report described in paragraph 
(2) made by the Center, Commission, or clinical per-
spective advisory panel under this section, appro-
priate information contained in such report shall be 
posted on the official public Internet site of the Cen-
ter and of the Commission, as applicable. 
‘‘(2) RELEVANT
REPORTS
DESCRIBED.—For 
purposes of this section, a relevant report is each of 
the following submitted by a grantee or contractor 
of the Center: 
‘‘(A) An interim progress report. 
‘‘(B) A draft final comparative effective-
ness review. 
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