datamatters24/research-document-archive huggingface dataset:
(b) MEMBERSHIP.—
(1) NUMBER AND APPOINTMENT.—The Board
shall be composed of 5 members appointed by the
President, by and with the advice and consent of the
Senate, from among individuals—
(A) who are recognized experts in the
fields of consumer advocacy, medicine, phar-
macology, pharmacy, and prescription drug re-
imbursement; and
(B) who have not worked in the pharma-
ceutical manufacturing industry during the 3-
year period ending on the date of appointment.
(2) INITIAL
APPOINTMENTS.—Initial appoint-
ments under paragraph (1) shall be made not later
than 90 days after the date of the enactment of this
Act.
(3) TERMS.—
(A) IN GENERAL.—Except as provided in
subparagraphs (B) and (C), each member shall
be appointed for a term of 5 years.
(B) TERMS OF INITIAL APPOINTEES.—As
designated by the President at the time of ap-
pointment, of the members first appointed—
(i) 1 member shall be appointed for a
term of 1 year;
‘‘(ii) the complaint if it fails to state a
nonfrivolous claim for which relief may be granted
under this section.
‘‘(B)(i) If a claim or the complaint is dismissed under
subparagraph (A), the administrative judge shall give for-
mal written notice to the aggrieved Federal employee that
such Federal employee may, before the expiration of the
90-day period beginning on the date such Federal em-
ployee receives such notice—
‘‘(I) file with the Commission a written request
for appellate review of such order; or
‘‘(II) commence a civil action in an appropriate
district court of the United States for de novo review
of such claim or such complaint.
‘‘(ii) Such Federal employee may commence such civil
action in the 90-day period specified in clause (i).
‘‘(6)(A)(i) If the complaint is not dismissed under
paragraph (5)(A), the administrative judge shall make a
determination, after an opportunity for a hearing, on the
merits of each claim that is not dismissed under such
paragraph. The administrative judge shall make a deter-
mination on the merits of any other nonfrivolous claim
under this title, and on any action such Federal employee
may appeal to the Merit Systems Protection Board, rea-
after the date on which such candidate is cer-
tified as a participating candidate under section 
513; 
‘‘(B) in the case of a general election, not 
later than 48 hours after— 
‘‘(i) the date of the certification of the 
results of the primary election or the pri-
mary runoff election; or 
‘‘(ii) in any case in which there is no 
primary election, the date the candidate 
qualifies to be placed on the ballot; 
‘‘(C) in the case of a primary runoff elec-
tion or a general runoff election, not later than 
48 hours after the certification of the results of 
the primary election or the general election, as 
the case may be; and 
‘‘(D) in the case of a recount allocation, 
not later than 48 hours after the appropriate 
State or local election official orders the holding 
of the recount. 
‘‘(2) METHOD OF PAYMENT.—The Commission 
shall distribute funds available to participating can-
didates under this section through the use of an 
electronic funds exchange or a debit card. 
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ders, and other authorities pertaining to the proper 
use of classification markings and the policies of the 
National Archives and Records Administration. 
SEC. 3. CLASSIFIED INFORMATION ADVISORY OFFICER. 
(a) IN GENERAL.—Subsection (d) of section 201 of the 
Homeland Security Act of 2002 (6 U.S.C. 121) is amended 
by adding at the end the following: 
‘‘(26) To identify and designate, acting through 
the Under Secretary for Intelligence and Analysis, a 
Classified Information Advisory Officer to assist 
State, local, tribal, and private sector entities that 
have responsibility for the security of critical infra-
structure, in matters related to classified materials, as 
described in section 210F.’’. 
(b) ESTABLISHMENT AND RESPONSIBILITIES.— 
(1) IN GENERAL.—Subtitle A of title II of the 
Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) 
is amended by adding at the end the following: 
‘‘SEC. 210F. CLASSIFIED INFORMATION ADVISORY OFFICER. 
‘‘(a) REQUIREMENT TO ESTABLISH.—The Secretary, 
acting through the Under Secretary for Intelligence and 
Analysis, shall identify and designate within the Depart-
ment a Classified Information Advisory Officer, as de-
scribed in this section. 
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retary to ensure that activities are appro-
priately coordinated; 
‘‘(iii) develop, update periodically, and 
submit to the appropriate committees of 
Congress a strategic plan detailing how 
critical infrastructure protection activities 
will be coordinated between the Center, the 
Office of Infrastructure Protection, and 
the private sector; 
‘‘(iv) subject to the direction of the 
Director resolve conflicts between the Cen-
ter and the Office of Infrastructure Protec-
tion relating to the information, commu-
nications, and physical infrastructure pro-
tection responsibilities of the Center and 
the Office of Infrastructure Protection; 
and 
‘‘(v) perform such other duties as the 
Director may assign. 
‘‘(C) ANNUAL EVALUATION.—The Assist-
ant Secretary for Infrastructure Protection 
shall submit annually to the Director an evalua-
tion of the performance of the Deputy Director 
appointed under subparagraph (A). 
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‘‘(A) immediately direct the owners and 
operators of covered critical infrastructure sub-
ject to the declaration under paragraph (1) to 
implement response plans required under sec-
tion 248(b)(2)(C); 
‘‘(B) develop and coordinate emergency 
measures or actions necessary to preserve the 
reliable operation, and mitigate or remediate 
the consequences of the potential disruption, of 
covered critical infrastructure; 
‘‘(C) ensure that emergency measures or 
actions directed under this section represent the 
least disruptive means feasible to the operations 
of the covered critical infrastructure; 
‘‘(D) subject to subsection (f), direct ac-
tions by other Federal agencies to respond to 
the national cyber emergency; 
‘‘(E) coordinate with officials of State and 
local governments, international partners of the 
United States, and private owners and opera-
tors of covered critical infrastructure specified 
in the declaration to respond to the national 
cyber emergency; 
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(ii) 1 member shall be appointed for a
term of 2 years;
(iii) 1 member shall be appointed for
a term of 3 years;
(iv) 1 member shall be appointed for
a term of 4 years; and
(v) 1 member shall be appointed for a
term of 5 years.
(C) VACANCIES.—A vacancy in the Board
shall be filled in the manner in which the origi-
nal appointment was made. Any member ap-
pointed to fill a vacancy occurring before the
expiration of the term for which the member’s
predecessor was appointed shall be appointed
only for the remainder of that term. A member
may serve after the expiration of the member’s
term until a successor has taken office.
(4) INITIAL MEETING.—The initial meeting of
the Board shall be held not later than 90 days after
the date on which the first appointments of the
members have been completed.
(5) CHAIRPERSON.—The President shall des-
ignate 1 member of the Board to serve as the chair-
person.
(6) BASIC PAY.—
(A) IN GENERAL.—Members shall be paid
at a rate not to exceed the daily equivalent of
the maximum annual rate of basic pay payable
under section 5376 of title 5, United States
Code, for each day during which the members
are engaged in the actual performance of the
duties of the Board.
(B) TRAVEL
EXPENSES.—Members shall
receive travel expenses, including per diem in
lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
(c) DIRECTOR AND STAFF.—
(1) DIRECTOR.—The Board shall have a direc-
tor who shall be appointed by the chairperson, sub-
ject to rules prescribed by the Board.
(2) STAFF.—The chairperson may appoint and
fix the pay of such additional personnel as the chair-
person considers appropriate, subject to rules pre-
scribed by the Board.
(3) APPLICABILITY OF CERTAIN CIVIL SERVICE
LAWS.—The director and staff of the Board shall be
appointed subject to the provisions of title 5, United
States Code, governing appointments in the competi-
tive service, and shall be paid in accordance with the
requirements of chapter 51 and subchapter III of
chapter 53 of such title relating to classification and
General Schedule pay rates; except that an individ-
ual so appointed may not receive pay in excess of
the maximum annual rate of basic pay payable for
grade GS–15 of the General Schedule.
SEC. 802. POWERS OF BOARD.
(a) OBTAINING OFFICIAL DATA.—The chairperson of
the Board may secure directly from any Federal agency
information necessary to enable the Board to carry out
its duties. Upon request of the chairperson, the head of
the agency shall furnish such information to the Board
to the extent such information is not prohibited from dis-
closure by law.
(b) MAILS.—The Board may use the United States
mails in the same manner and under the same conditions
as other Federal agencies.
(c) ADMINISTRATIVE SUPPORT SERVICES.—Upon the
request of the chairperson, the Administrator of General
Services shall provide to the Board on a reimbursable
basis the administrative support services necessary for the
Board to carry out its duties.
(d) CONTRACT AUTHORITY.—The chairperson may
contract with and compensate government and private
agencies or persons for the purpose of conducting re-
sonably expected to arise from the facts on which the com-
plaint is based.
‘‘(ii) On the request of the aggrieved Federal em-
ployee, the administrative judge shall—
‘‘(I) determine whether the administrative pro-
ceeding with respect to such claim may be main-
tained as a class proceeding; and
‘‘(II) if the administrative proceeding may be so
maintained, shall describe those whom the adminis-
trative judge finds to be members of such class.
‘‘(B) With respect to such claim, a party may conduct
discovery by such means as may be available in a civil ac-
tion to the extent deemed appropriate by the administra-
tive judge.
‘‘(C) If the aggrieved Federal employee or the re-
spondent fails without good cause to respond fully and in
a timely fashion to a request made or approved by the
administrative judge for information or the attendance of
a witness, and if such information or such witness is solely
in the control of the party who so fails to respond, then
the administrative judge shall—
‘‘(i) draw an adverse inference that the re-
quested information, or the testimony of the re-
quested witness, would have reflected unfavorably on
the party who so fails to respond;
(c) FACTORS.—In making determinations under sub-
section (b) as to whether the price of a prescription drug
is excessive, the Board shall take into consideration—
(1) changes in the producer price index (pub-
lished by the Bureau of Labor Statistics of the De-
partment of Labor),
(2) changes in the prescription drug component
of such producer price index,
(3) the price at which such drug was sold to
wholesalers in the United States during the preced-
ing 10 years,
(4) the price at which such drug was sold to
wholesalers in other countries during the preceding
10 years,
(5) the price at which other drugs in the same
therapeutic class were sold to wholesalers in the
United States during the preceding 10 years,
(6) the therapeutic potential rating of such
drug by the Food and Drug Administration,
(7) the percentage of such drug’s research and
development costs paid by the United States,
(8) the cost of manufacturing and marketing
such drug, and
(9) such other factors as the Board considers
relevant.
(d) REPORTING.—The Board shall—
(1) promptly provide to consumers and health
care providers the results of the Board’s determina-
tions under subsection (b) and the method used in
each such determination,
(2) provide information to consumers and
health care providers regarding prescription drug
pricing and price increases by therapeutic class and
manufacturer,
(3) provide to consumers and health care pro-
viders information regarding the Food and Drug Ad-
ministration therapeutic potential rating of each pre-
scription drug and the percentage of the research
and development of each such drug paid by the
United States,
(4) provide to consumers such other informa-
tion as the Board determines will assist consumers
in reducing their expenses for prescription drugs,
(5) publish an easy to understand consumer’s
guide to prescription drug prices, including the in-
formation described in paragraphs (1), (2), (3), and
(4), within 24 months of the date of the establish-
ment of the Board and update and publish such
guide annually thereafter, and
(6) provide to the President and the Congress
a report of its determinations under subsection (b)
within 24 months of the date of the establishment
of the Board and update and report such determina-
tions annually thereafter.
SEC. 804. SANCTIONS AND REMEDIES.
(a) HEARINGS.—After making a determination under
section 803(b) that the price of a prescription drug or an
increase in the price of such a drug is excessive, the Board
shall—
(1) notify, in writing, the manufacturer of such
drug of such determination,
(2) fix a date on which a public hearing before
the Board respecting such determination shall be
held and hold such hearing,
(3) request from such manufacturer such addi-
tional information as the Board deems necessary for
such public hearing, and
(4) notify such manufacturer of the Board’s
recommendation as to the pricing of the drug at a
rate which is not excessive.
(b) SETTLEMENT.—If, after a public hearing under
subsection (a), the Board finds that the price or an in-
crease in the price of a prescription drug is not excessive,
the Board shall—
I 
111TH CONGRESS 
2D SESSION 
H. R. 5543 
To amend title 38, United States Code, to repeal the prohibition on collective 
bargaining with respect to matters and questions regarding compensation 
of employees of the Department of Veterans Affairs other than rates 
of basic pay, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 16, 2010 
Mr. FILNER introduced the following bill; which was referred to the 
Committee on Veterans’ Affairs 
A BILL 
To amend title 38, United States Code, to repeal the prohibi-
tion on collective bargaining with respect to matters and 
questions regarding compensation of employees of the 
Department of Veterans Affairs other than rates of basic 
pay, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. REPEAL OF PROHIBITION ON COLLECTIVE 
BARGAINING WITH RESPECT TO COMPENSA-
TION OF DEPARTMENT OF VETERANS AF-
FAIRS EMPLOYEES OTHER THAN RATES OF 
BASIC PAY. 
Subsections (b) and (d) of section 7422 of title 38, 
United States Code, are amended by striking ‘‘compensa-
tion’’ both places it appears and inserting ‘‘rates of basic 
pay’’. 
Æ 
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SECTION 1. PROJECT FOR NAVIGATION, WASHINGTON 
CHANNEL, DISTRICT OF COLUMBIA. 
Upon the date of enactment of this Act, the following 
portion of the project for navigation, Potomac River, 
Washington Channel, District of Columbia, authorized by 
the Act of August 30, 1935 (chapter 831; 49 Stat. 1028) 
is deauthorized: Beginning at Washington Harbor Chan-
nel Geometry Centerline of the 400-foot-wide main naviga-
tional ship channel, Centerline Station No. 103+73.12, 
coordinates North 441948.20, East 1303969.30, as stated 
and depicted on the Condition Survey Anacostia, Virginia, 
Washington and Magazine Bar Shoal Channels, Wash-
ington, D.C., Sheet 6 of 6, prepared by the United States 
Army Corps of Engineers, Baltimore district, July 2007; 
thence departing the aforementioned centerline traveling 
the following courses and distances: N. 40 degrees 10 min-
utes 45 seconds E., 200.00 feet to a point, on the outline 
of said 400-foot-wide channel thence binding on said out-
line the following three courses and distances: S. 49 de-
grees 49 minutes 15 seconds E., 1,507.86 feet to a point, 
thence; S. 29 degrees 44 minutes 42 seconds E., 2,083.17 
feet to a point, thence; S. 11 degrees 27 minutes 04 sec-
onds E., 363.00 feet to a point, thence; S. 78 degrees 32 
minutes 56 seconds W., 200.00 feet to a point binding 
on the centerline of the 400-foot-wide main navigational 
channel at computed Centerline Station No. 65+54.31,
coordinates North 438923.9874, East 1306159.9738, 
thence; continuing with the aforementioned centerline the 
following courses and distances: N. 11 degrees 27 minutes 
04 seconds W., 330.80 feet to a point, Centerline Station 
No. 68+85.10, thence; N. 29 degrees 44 minutes 42 sec-
onds W., 2,015.56 feet to a point, Centerline Station No. 
89+00.67, thence; N. 49 degrees 49 minutes 15 seconds 
W., 1,472.26 feet to the point of beginning, such area in 
total containing a computed area of 777,284 square feet 
or 17.84399 acres of riparian water way. 
Passed the House of Representatives July 20, 2010. 
Attest: 
Clerk.
111TH CONGRESS 
2D SESSION 
H. R. 5545 
AN ACT 
To deauthorize a portion of the project for naviga-
tion, Potomac River, Washington Channel, Dis-
trict of Columbia, under the jurisdiction of the 
Corps of Engineers.
I 
111TH CONGRESS 
2D SESSION 
H. R. 5545 
To deauthorize a portion of the project for navigation, Potomac River, Wash-
ington Channel, District of Columbia, under the jurisdiction of the Corps 
of Engineers. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 16, 2010 
Ms. NORTON introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure 
A BILL 
To deauthorize a portion of the project for navigation, Poto-
mac River, Washington Channel, District of Columbia, 
under the jurisdiction of the Corps of Engineers. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. PROJECT FOR NAVIGATION, WASHINGTON 
CHANNEL, DISTRICT OF COLUMBIA. 
Upon the date of enactment of this Act, the following 
portion of the project for navigation, Potomac River, 
Washington Channel, District of Columbia, authorized by 
the Act of August 30, 1935 (chapter 831; 49 Stat. 1028) 
is deauthorized: Beginning at Washington Harbor Chan-
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nel Geometry Centerline of the 400-foot-wide main naviga-
tional ship channel, Centerline Station No. 103+73.12, 
coordinates North 441948.20, East 1303969.30, as stated 
and depicted on the Condition Survey Anacostia, Virginia, 
Washington and Magazine Bar Shoal Channels, Wash-
ington, D.C., Sheet 6 of 6, prepared by the United States 
Army Corps of Engineers, Baltimore district, July 2007; 
thence departing the aforementioned centerline traveling 
the following courses and distances: N. 40 degrees 10 min-
utes 45 seconds E., 200.00 feet to a point, on the outline 
of said 400-foot-wide channel thence binding on said out-
line the following three courses and distances: S. 49 de-
grees 49 minutes 15 seconds E., 1,507.86 feet to a point, 
thence; S. 29 degrees 44 minutes 42 seconds E., 2,083.17 
feet to a point, thence; S. 11 degrees 27 minutes 04 sec-
onds E., 363.00 feet to a point, thence; S. 78 degrees 32 
minutes 56 seconds W., 200.00 feet to a point binding 
on the centerline of the 400-foot-wide main navigational 
channel at computed Centerline Station No. 65+54.31, 
coordinates North 438923.9874, East 1306159.9738, 
thence; continuing with the aforementioned centerline the 
following courses and distances: N. 11 degrees 27 minutes 
04 seconds W., 330.80 feet to a point, Centerline Station 
No. 68+85.10, thence; N. 29 degrees 44 minutes 42 sec-
onds W., 2,015.56 feet to a point, Centerline Station No. 
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89+00.67, thence; N. 49 degrees 49 minutes 15 seconds 
W., 1,472.26 feet to the point of beginning, such area in 
total containing a computed area of 777,284 square feet 
or 17.84399 acres of riparian water way. 
Æ 
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shall be the Prevention System identification of 
such fraud, waste, and abuse and actions taken 
pursuant to such system to address such fraud, 
waste, and abuse); and 
(6) be provided through competitively bid con-
tracts using the Federal Acquisition Regulations. 
(d) SYSTEM OPERATION.— 
(1) SCORING
AND
NEAR
REAL-TIME
ANAL-
YSIS.— 
(A) IN GENERAL.—The Prevention System 
shall identify high-risk Medicare claims by scor-
ing all such claims in near real-time, prior to 
the Centers for Medicare & Medicaid Services 
making payment on such claims under the 
Medicare Program. 
(B) USE OF SCORES.—The scores under 
subparagraph (A) shall be communicated to the 
fraud management system under subsection (f). 
(C) NEAR
REAL-TIME
ANALYSIS.—Under 
the Prevention System, the near real-time anal-
ysis of Medicare claims data shall be conducted 
in a manner that ensures— 
(i) prompt identification of fraud, 
waste, and abuse; and 
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