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‘‘(II) Practicing physicians, in-
cluding surgeons. 
‘‘(III) Employers. 
‘‘(IV) Public payers. 
‘‘(V) Insurance plans. 
‘‘(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-
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mission shall be appointed for a term of 4 
years. 
‘‘(B) TERMS OF INITIAL APPOINTEES.—Of 
the members first appointed— 
‘‘(i) 8 shall be appointed for a term of 
4 years; and 
‘‘(ii) 7 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)(H), the Comptroller General of the United 
States or the Commission, respectively, shall take 
into consideration any financial conflicts of interest. 
‘‘(9) COMPENSATION.—While serving on the 
business of the Commission (including travel time), 
a member of the Commission shall be entitled to 
compensation at the per diem equivalent of the rate 
provided for level IV of the Executive Schedule 
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under section 5315 of title 5, United States Code; 
and while so serving away from home and the mem-
ber’s regular place of business, a member may be al-
lowed 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-
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ties from appropriate Federal departments and 
agencies; 
‘‘(C) enter into contracts or make other ar-
rangements, as may be necessary for the con-
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 
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furnish that information to the Commission on 
an agreed upon schedule. 
‘‘(B) DATA
COLLECTION.—In order to 
carry out its functions, the Commission shall— 
‘‘(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. 
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