S.Amdt. 3068

SA 3068. Mr. KYL (for himself, Mr. Roberts, Mr. Vitter, Mr. Grassley,
Mr. Crapo, Mr. Coburn, Mr. Barrasso, and Mr. Johanns) submitted an
amendment intended to be proposed to amendment SA 2786 proposed by Mr.
Reid (for himself, Mr. Baucus, Mr. Dodd, and Mr. Harkin) to the bill
H.R. 3590, to amend the Internal Revenue Code of 1986 to modify the
first-time homebuyers credit in the case of members of the Armed Forces
and certain other Federal employees, and for other purposes; which was
ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. PROHIBITION ON CERTAIN USES OF DATA OBTAINED FROM
COMPARATIVE EFFECTIVENESS RESEARCH; ACCOUNTING
FOR PERSONALIZED MEDICINE AND DIFFERENCES IN
PATIENT TREATMENT RESPONSE.

(a) In General.--Notwithstanding any other provision of
law, a Federal department, office, or representative--
(1) shall not use data obtained from the conduct of
comparative effectiveness research, including such research
that is conducted or supported using funds appropriated under
the American Recovery and Reinvestment Act of 2009 (Public
Law 111-5), to deny coverage of an item or service under a
Federal health care program (as defined in section 1128B(f)
of the Social Security Act (42 U.S.C. 1320a-7b(f))),
including under plans offered under the Federal Employees
Health Benefits Program (under chapter 89 of title 5, United
States Code), or under private health insurance; and
(2) shall ensure that comparative effectiveness research
conducted or supported by the Federal Government accounts for
factors contributing to differences in the treatment response
and treatment preferences of patients, including patient-
reported outcomes, genomics and personalized medicine, the
unique needs of health disparity populations, and indirect
patient benefits.
(b) Rule of Construction.--Nothing in this section shall be
construed as affecting the authority of the Commissioner of
Food and Drugs under the Federal Food, Drug, and Cosmetic Act
or the Public Health Service Act.
(c) Patient Centered Outcomes Research Institute Board.--
Notwithstanding section 1181(f)(1)(A) and (B) of the Social
Security Act (as added by section 6301(a)), no Federal
officer or employee (including Federally elected officials
and members of Congress) shall serve on the Board of
Governors of the Patient Centered Outcomes Research
Institute.
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