Page:United States Statutes at Large Volume 124.djvu/764

 124 STAT. 738 PUBLIC LAW 111–148—MAR. 23, 2010 ‘‘(D) Subsequent comments received during each of the public comment periods. ‘‘(E) In accordance with applicable laws and processes and as the Institute determines appropriate, proceedings of the Institute. ‘‘(4) DISCLOSURE OF CONFLICTS OF INTEREST.— ‘‘(A) IN GENERAL.—A conflict of interest shall be dis- closed in the following manner: ‘‘(i) By the Institute in appointing members to an expert advisory panel under subsection (d)(4), in selecting individuals to contribute to any peer-review process under subsection (d)(7), and for employment as executive staff of the Institute. ‘‘(ii) By the Comptroller General in appointing members of the methodology committee under sub- section (d)(6); ‘‘(iii) By the Institute in the annual report under subsection (d)(10), except that, in the case of individ- uals contributing to any such peer review process, such description shall be in a manner such that those individuals cannot be identified with a particular research project. ‘‘(B) MANNER OF DISCLOSURE.—Conflicts of interest shall be disclosed as described in subparagraph (A) as soon as practicable on the Internet web site of the Institute and of the Government Accountability Office. The informa- tion disclosed under the preceding sentence shall include the type, nature, and magnitude of the interests of the individual involved, except to the extent that the individual recuses himself or herself from participating in the consid- eration of or any other activity with respect to the study as to which the potential conflict exists. ‘‘(i) RULES.—The Institute, its Board or staff, shall be prohibited from accepting gifts, bequeaths, or donations of services or property. In addition, the Institute shall be prohibited from establishing a corporation or generating revenues from activities other than as provided under this section. ‘‘(j) RULES OF CONSTRUCTION.— ‘‘(1) COVERAGE.—Nothing in this section shall be con- strued— ‘‘(A) to permit the Institute to mandate coverage, reimbursement, or other policies for any public or private payer; or ‘‘(B) as preventing the Secretary from covering the routine costs of clinical care received by an individual enti- tled to, or enrolled for, benefits under title XVIII, XIX, or XXI in the case where such individual is participating in a clinical trial and such costs would otherwise be covered under such title with respect to the beneficiary.’’. (b) DISSEMINATION AND BUILDING CAPACITY FOR RESEARCH.— Title IX of the Public Health Service Act (42 U.S.C. 299 et seq.), as amended by section 3606, is further amended by inserting after section 936 the following: ‘‘SEC. 937. DISSEMINATION AND BUILDING CAPACITY FOR RESEARCH. ‘‘(a) IN GENERAL.— 42 USC 299b–37. Web posting.