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‘‘(B) A draft final comparative effective-
ness review. 
‘‘(C) A final progress report on new re-
search submitted for publication by a peer re-
view journal. 
‘‘(D) Stakeholder comments. 
‘‘(E) A final report. 
‘‘(3) ACCESS BY CONGRESS AND THE COMMIS-
SION
TO
THE
CENTER’S
INFORMATION.—Congress 
and the Commission shall each have unrestricted ac-
cess to all deliberations, records, and nonproprietary 
data of the Center, immediately upon request. 
‘‘(e) DISSEMINATION AND INCORPORATION OF COM-
PARATIVE EFFECTIVENESS INFORMATION.— 
‘‘(1) DISSEMINATION.—The Center shall pro-
vide for the dissemination of appropriate findings 
produced by research supported, conducted, or syn-
thesized under this section to health care providers, 
patients, vendors of health information technology 
focused on clinical decision support, appropriate pro-
fessional associations, and Federal and private 
health plans. 
‘‘(2) INCORPORATION.—The Center shall assist 
users of health information technology focused on 
clinical decision support to promote the timely incor-
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poration of the findings described in paragraph (1) 
into clinical practices and to promote the ease of use 
of such incorporation. 
‘‘(f) REPORTS TO CONGRESS.— 
‘‘(1) ANNUAL REPORTS.—Beginning not later 
than one year after the date of the enactment of this 
section, the Director of the Agency of Healthcare 
Research and Quality and the Commission shall sub-
mit to Congress an annual report on the activities 
of the Center and the Commission, as well as the re-
search, conducted under this section. 
‘‘(2) RECOMMENDATION FOR FAIR SHARE PER 
CAPITA AMOUNT FOR ALL-PAYER FINANCING.—Be-
ginning not later than December 31, 2009, the Sec-
retary shall submit to Congress an annual rec-
ommendation for a fair share per capita amount de-
scribed in subsection (c)(1) of section 9511 of the 
Internal Revenue Code of 1986 for purposes of 
funding the CERTF under such section. 
‘‘(3) ANALYSIS AND REVIEW.—Not later than 
December 31, 2011, the Secretary, in consultation 
with the Commission, shall submit to Congress a re-
port on all activities conducted or supported under 
this section as of such date. Such report shall in-
clude an evaluation of the return on investment re-
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sulting from such activities, the overall costs of such 
activities, and an analysis of the backlog of any re-
search proposals approved by the Commission but 
not funded. Such report shall also address whether 
Congress should expand the responsibilities of the 
Center and of the Commission to include studies of 
the effectiveness of various aspects of the health care 
delivery system, including health plans and delivery 
models, such as health plan features, benefit designs 
and performance, and the ways in which health serv-
ices are organized, managed, and delivered. 
‘‘(g) COORDINATING COUNCIL FOR HEALTH SERV-
ICES RESEARCH.— 
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish a permanent council (in this section referred 
to as the ‘Council’) for the purpose of— 
‘‘(A) assisting the offices and agencies of 
the Department of Health and Human Services, 
the Department of Veterans Affairs, the De-
partment of Defense, and any other Federal de-
partment or agency to coordinate the conduct 
or support of health services research; and 
‘‘(B) advising the President and Congress 
on— 
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‘‘(i) the national health services re-
search agenda; 
‘‘(ii) strategies with respect to infra-
structure needs of health services research; 
and 
‘‘(iii) appropriate organizational ex-
penditures in health services research by 
relevant Federal departments and agen-
cies. 
‘‘(2) MEMBERSHIP.— 
‘‘(A) NUMBER
AND
APPOINTMENT.—The 
Council shall be composed of 20 members. One 
member shall be the Director of the Agency for 
Healthcare Research and Quality. The Director 
shall appoint the other members not later than 
30 days after the enactment of this Act. 
‘‘(B) TERMS.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), each member of the 
Council shall be appointed for a term of 4 
years. 
‘‘(ii) 
TERMS
OF
INITIAL
AP-
POINTEES.—Of the members first ap-
pointed— 
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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. 
‘‘(iii) 
VACANCIES.—Any 
vacancies 
shall not affect the power and duties of the 
Council and shall be filled in the same 
manner as the original appointment. 
‘‘(C) QUALIFICATIONS.— 
‘‘(i) IN GENERAL.—The members of 
the Council shall include one senior official 
from each of the following agencies: 
‘‘(I) The Veterans Health Ad-
ministration. 
‘‘(II) The Department of Defense 
Military Health Care System. 
‘‘(III) The Centers for Disease 
Control and Prevention. 
‘‘(IV) The National Center for 
Health Statistics. 
‘‘(V) The National Institutes of 
Health. 
‘‘(VI) The Center for Medicare & 
Medicaid Services. 
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‘‘(VII) The Federal Employees 
Health Benefits Program. 
‘‘(ii) 
NATIONAL, 
PHILANTHROPIC 
FOUNDATIONS.—The 
members 
of 
the 
Council shall include 4 senior leaders from 
major national, philanthropic foundations 
that fund and use health services research. 
‘‘(iii) STAKEHOLDERS.—The remain-
ing members of the Council shall be rep-
resentatives of other stakeholders in health 
services research, including private pur-
chasers, health plans, hospitals and other 
health facilities, and health consumer 
groups. 
‘‘(3) ANNUAL REPORT.—The Council shall sub-
mit to Congress an annual report on the progress of 
the implementation of the national health services 
research agenda. 
‘‘(h) FUNDING
OF COMPARATIVE EFFECTIVENESS 
RESEARCH.—For fiscal year 2008 and each subsequent 
fiscal year, amounts in the Comparative Effectiveness Re-
search Trust Fund (referred to in this section as the 
‘CERTF’) under section 9511 of the Internal Revenue 
Code of 1986 shall be available to the Secretary to carry 
out this section.’’. 
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(b) 
COMPARATIVE
EFFECTIVENESS
RESEARCH 
TRUST FUND; FINANCING FOR TRUST FUND.— 
(1) ESTABLISHMENT OF TRUST FUND.— 
(A) IN GENERAL.—Subchapter A of chap-
ter 98 of the Internal Revenue Code of 1986 
(relating to trust fund code) is amended by 
adding at the end the following new section: 
‘‘SEC. 9511. HEALTH CARE COMPARATIVE EFFECTIVENESS 
RESEARCH TRUST FUND. 
‘‘(a) CREATION OF TRUST FUND.—There is estab-
lished in the Treasury of the United States a trust fund 
to be known as the ‘Health Care Comparative Effective-
ness Research Trust Fund’ (hereinafter in this section re-
ferred to as the ‘CERTF’), consisting of such amounts 
as may be appropriated or credited to such Trust Fund 
as provided in this section and section 9602(b). 
‘‘(b) TRANSFERS TO FUND.—There are hereby ap-
propriated to the Trust Fund the following: 
‘‘(1) For fiscal year 2008, $90,000,000. 
‘‘(2) For fiscal year 2009, $100,000,000. 
‘‘(3) For fiscal year 2010, $110,000,000. 
‘‘(4) For each fiscal year beginning with fiscal 
year 2011— 
‘‘(A) an amount equivalent to the net reve-
nues received in the Treasury from the fees im-
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posed under subchapter B of chapter 34 (relat-
ing to fees on health insurance and self-insured 
plans) for such fiscal year; and 
‘‘(B) subject to subsection (c)(2), amounts 
determined by the Secretary of Health and 
Human Services to be equivalent to the fair 
share per capita amount computed under sub-
section (c)(1) for the fiscal year multiplied by 
the average number of individuals entitled to 
benefits under part A, or enrolled under part B, 
of title XVIII of the Social Security Act during 
such fiscal year. 
The amounts appropriated under paragraphs (1), (2), (3), 
and (4)(B) shall be transferred from the Federal Hospital 
Insurance Trust Fund and from the Federal Supple-
mentary Medical Insurance Trust Fund (established 
under section 1841 of such Act), and from the Medicare 
Prescription Drug Account within such Trust Fund, in 
proportion (as estimated by the Secretary) to the total ex-
penditures during such fiscal year that are made under 
title XVIII of such Act from the respective trust fund or 
account. 
‘‘(c) FAIR SHARE PER CAPITA AMOUNT.— 
‘‘(1) COMPUTATION.— 
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‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the fair share per capita amount 
under this paragraph for a fiscal year (begin-
ning with fiscal year 2011) is an amount com-
puted by the Secretary of Health and Human 
Services for such fiscal year that, when applied 
under this section and subchapter B of chapter 
34 of the Internal Revenue Code of 1986, will 
result 
in 
revenues 
to 
the 
CERTF 
of 
$375,000,000 for the fiscal year. 
‘‘(B) ALTERNATIVE COMPUTATION.— 
‘‘(i) IN GENERAL.—If the Secretary is 
unable to compute the fair share per capita 
amount under subparagraph (A) for a fis-
cal year, the fair share per capita amount 
under this paragraph for the fiscal year 
shall be the default amount determined 
under clause (ii) for the fiscal year. 
‘‘(ii) DEFAULT AMOUNT.—The default 
amount under this clause for— 
‘‘(I) fiscal year 2011 is equal to 
$2; or 
‘‘(II) a subsequent year is equal 
to the default amount under this 
clause for the preceding fiscal year in-
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