datamatters24/research-document-archive huggingface dataset:
‘‘(iii) the level of responsibility ex-
pected of the prisoner with respect to the 
program; 
‘‘(iv) the rehabilitative benefits the 
program provides the prisoner; and 
‘‘(v) the benefits the program provides 
the Bureau of Prisons. 
‘‘(C) AVAILABILITY TO PRISONERS.—The 
Director of the Bureau of Prisons shall make 
the policy applicable to credit awarded under 
this subsection available for each prisoner to re-
view prior to that prisoner’s participation in 
any designated program. 
‘‘(4) ELIGIBILITY.—Any person sentenced to a 
term of imprisonment under custody of the Attorney 
General, whether sentenced or convicted prior to or 
after November 1, 1987, shall be eligible for the 
credits described in this subsection. 
‘‘(5) DESIGNATED PROGRAM.—The term ‘des-
ignated program’ means a program which has been 
designated by the Director of the Bureau of Prisons 
as a program which benefits either prisoners or the 
Bureau of Prisons, including— 
‘‘(A) educational and vocational programs, 
such as courses and programs through which a 
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108TH CONGRESS
2D SESSION
H. R. 4323
AN ACT
To amend title 10, United States Code, to provide
rapid acquisition authority to the Secretary of
Defense to respond to combat emergencies.
prisoner may earn a high school diploma or an 
equivalent degree or certification through an ac-
credited vocational training program, college, or 
university; 
‘‘(B) treatment programs, such as inter-
ventional rehabilitation programs, including 
mental health and drug abuse programs; and 
‘‘(C) assigned work and developmental pro-
grams.’’. 
(b) PRISONERS
TRANSFERRED
FROM
FOREIGN 
COUNTRIES TO THE CUSTODY OF THE ATTORNEY GEN-
ERAL.— 
(1) IN GENERAL.—The second sentence of sec-
tion 4105(c)(1) of title 18, United States Code, is 
amended by inserting ‘‘and for participation in des-
ignated programs under section 3624(c)’’ after ‘‘sat-
isfactory behavior’’. 
(2) 
CONFORMING
AMENDMENTS.—Section 
4105(c) of title 18, United States Code, is amend-
ed— 
(A) by striking ‘‘at the rate provided in 
section 3624(b)’’ each place it appears and in-
serting ‘‘at the rates provided in sections 
3624(b) and (c)’’; and 
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SEC. 522. INTERNATIONAL TRAINING ACTIVITIES OF THE 
COMPUTER CRIME AND INTELLECTUAL PROP-
ERTY SECTION. 
(a) INCREASED TRAINING AND TECHNICAL ASSIST-
ANCE TO FOREIGN GOVERNMENTS.—The Attorney General 
shall increase the efforts of the Department of Justice to 
provide training and technical assistance to foreign govern-
ments, including foreign law enforcement agencies and for-
eign courts, to more effectively combat counterfeiting and 
piracy activities falling within the jurisdiction of such gov-
ernments. 
(b) CONDUCT OF PROGRAMS.—The increased training 
and technical assistance programs under subsection (a) 
shall be carried out by the Intellectual Property Enforce-
ment Division established by section 501, as well as through 
such other divisions, sections, or agencies of the Department 
of Justice as the Attorney General may direct. 
(c) PRIORITY COUNTRIES.—The Attorney General, in 
providing increased training and technical assistance pro-
grams under this section, shall give priority to those coun-
tries where such programs can be carried out most effec-
tively and with the greatest likelihood of reducing counter-
feit and pirated products in the United States market, of 
protecting the intellectual property rights of United States 
persons, or of protecting the interests of United States per-
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sons otherwise harmed by violations of intellectual property 
rights in those countries. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated for each fiscal year such sums 
as may be necessary to carry out this section. 
Subtitle D—Coordination, 
Implementation, and Reporting 
SEC. 531. COORDINATION. 
The IP officer shall ensure that activities undertaken 
under this title are carried out in a manner consistent with 
the joint strategic plan developed under section 321. 
SEC. 532. ANNUAL REPORTS. 
Not later than 1 year after the date of the enactment 
of this Act, and annually thereafter, the Attorney General 
shall submit to the Committees on the Judiciary of the Sen-
ate and the House of Representatives a report on actions 
taken to carry out this title, including a report on the ac-
tivities of the IP Officer. 
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Union Calendar No. 384 
110TH CONGRESS 
2D SESSION 
H. R. 4279 
[Report No. 110–617] 
A BILL 
To enhance remedies for violations of intellectual 
property laws, and for other purposes. 
MAY 5, 2008 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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314 
HR 1105 PCS 
for fiscal year 2009 to the Committees on Appropriations 
of the House of Representatives and the Senate. 
CONSUMER PRODUCT SAFETY COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Consumer Product 
Safety Commission (CPSC), including hire of passenger 
motor vehicles, services as authorized by 5 U.S.C. 3109, 
but at rates for individuals not to exceed the per diem 
rate equivalent to the maximum rate payable under 5 
U.S.C. 5376, purchase of nominal awards to recognize 
non-Federal officials’ contributions to Commission activi-
ties, and not to exceed $2,000 for official reception and 
representation 
expenses, 
$105,404,000, 
of 
which 
$6,000,000 shall remain available for obligation until Sep-
tember 30, 2011 for costs associated with the relocation 
of CPSC’s laboratory to a modern facility and the upgrade 
of laboratory equipment, and of which $2,000,000 shall 
remain available for obligation until September 30, 2010 
to implement the Virginia Graeme Baker Pool and Spa 
Safety Act grant program as provided by section 1405 of 
Public Law 110–140 (15 U.S.C. 8004). 
ELECTION ASSISTANCE COMMISSION 
SALARIES AND EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses to carry out the Help Amer-
ica Vote Act of 2002, $17,959,000, of which $4,000,000 
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315 
HR 1105 PCS 
shall be transferred to the National Institute of Standards 
and Technology for election reform activities authorized 
under the Help America Vote Act of 2002: Provided, That 
$750,000 shall be for the Help America Vote College Pro-
gram as provided by the Help America Vote Act of 2002 
(Public Law 107–252): Provided further, That $300,000 
shall be for a competitive grant program to support com-
munity involvement in student and parent mock elections. 
ELECTION REFORM PROGRAMS 
For necessary expenses relating to election reform 
programs, $106,000,000, to remain available until ex-
pended, of which $100,000,000 shall be for requirements 
payments under part 1 of subtitle D of title II of the Help 
America Vote Act of 2002 (Public Law 107–252), 
$5,000,000 shall be for grants to carry out research on 
voting technology improvements as authorized under part 
3 of subtitle D of title II of such Act, and $1,000,000, 
shall be to conduct a pilot program for grants to States 
and units of local government for pre-election logic and 
accuracy 
testing 
and 
post-election 
voting 
systems 
verification. 
FEDERAL COMMUNICATIONS COMMISSION 
SALARIES AND EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Federal Communica-
tions Commission, as authorized by law, including uni-
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108TH CONGRESS
2D SESSION
H. R. 4323
AN ACT
To amend title 10, United States Code, to provide rapid
acquisition authority to the Secretary of Defense to re-
spond to combat emergencies.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SEC. 2. COVERAGE OF LEGAL IMMIGRANT PREGNANT 
WOMEN AND CHILDREN UNDER THE MED-
ICAID PROGRAM AND SCHIP. 
(a) MEDICAID PROGRAM.—Section 1903(v) of the 
Social Security Act (42 U.S.C. 1396b(v)) is amended by 
adding at the end the following new paragraph: 
‘‘(4)(A) 
Notwithstanding 
sections 
401(a), 
402(b), 403, and 421 of the Personal Responsibility 
and Work Opportunity Reconciliation Act of 1996, 
a State plan under this title shall provide (in a plan 
amendment) medical assistance under this title for 
aliens who are lawfully residing in the United States 
(including battered aliens described in section 431(c) 
of such Act) and who are otherwise eligible for such 
assistance, within either of the following eligibility 
categories: 
‘‘(i) 
PREGNANT
WOMEN.—Women 
during pregnancy (and during the 60-day 
period beginning on the last day of the 
pregnancy). 
‘‘(ii) CHILDREN.—Children (as de-
fined under such plan), including optional 
targeted low-income children described in 
section 1905(u)(2)(B). 
‘‘(B) No debt shall accrue under an affi-
davit of support against any sponsor of an alien 
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within a category of aliens under subparagraph 
(A) on the basis of provision of assistance to 
such category and the cost of such assistance 
shall not be considered as an unreimbursed 
cost.’’. 
(b) SCHIP.—Section 2107(e)(1) of such Act (42 
U.S.C. 1397gg(e)(1)) is amended by redesignating sub-
paragraphs (C) and (D) as subparagraph (D) and (E), 
respectively, and by inserting after subparagraph (B) the 
following new subparagraph: 
‘‘(C) Section 1903(v)(4) (relating to cov-
erage of categories of permanent resident alien 
children).’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on October 1, 2008, and apply 
to medical assistance and child health assistance furnished 
on or after such date. 
Æ 
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(c) ALLOCATION OF FUNDS.—Section 221(g) of such 
Act (33 U.S.C. 1301(g)) is amended to read as follows: 
‘‘(g) ALLOCATION OF FUNDS.— 
‘‘(1) FISCAL YEAR 2010.—Subject to subsection 
(h), the Administrator shall use the amounts appro-
priated to carry out this section for fiscal year 2010 
for making grants to municipalities and municipal 
entities under subsection (a)(2) in accordance with 
the criteria set forth in subsection (b). 
‘‘(2) FISCAL YEAR 2011 AND THEREAFTER.— 
Subject to subsection (h), the Administrator shall 
use the amounts appropriated to carry out this sec-
tion for fiscal year 2011 and each fiscal year there-
after for making grants to States under subsection 
(a)(1) in accordance with a formula to be established 
by the Administrator, after providing notice and an 
opportunity for public comment, that allocates to 
each State a proportional share of such amounts 
based on the total needs of the State for municipal 
combined sewer overflow controls and sanitary sewer 
overflow controls identified in the most recent survey 
conducted pursuant to section 516.’’. 
(d) REPORTS.—The first sentence of section 221(i) 
(33 U.S.C. 1301(i)) is amended by striking ‘‘2003’’ and 
inserting ‘‘2012’’. 
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dria, Louisiana, shall be known and designated as the 
‘‘John ‘Marty’ Thiels Southpark Station’’. 
(b) REFERENCES.—Any reference in a law, map, reg-
ulation, document, paper, or other record of the United 
States to the facility referred to in subsection (a) shall 
be deemed to be a reference to the ‘‘John ‘Marty’ Thiels 
Southpark Station’’. 
Æ 
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HR 1262 RFS
‘‘(9) to any municipality or intermunicipal, 
interstate, or State agency for measures to reduce 
the energy consumption needs for publicly owned 
treatment works, including the implementation of 
energy-efficient or renewable-energy generation tech-
nologies.’’. 
(b) 
EXTENDED
REPAYMENT
PERIOD.—Section 
603(d)(1) (33 U.S.C. 1383(d)(1)) is amended— 
(1) in subparagraph (A) by striking ‘‘20 years’’ 
and inserting ‘‘the lesser of 30 years or the design 
life of the project to be financed with the proceeds 
of the loan’’; and 
(2) in subparagraph (B) by striking ‘‘not later 
than 20 years after project completion’’ and insert-
ing ‘‘upon the expiration of the term of the loan’’. 
(c) 
FISCAL
SUSTAINABILITY
PLAN.—Section 
603(d)(1) (33 U.S.C. 1383(d)(1)) is further amended— 
(1) by striking ‘‘and’’ at the end of subpara-
graph (C); 
(2) by inserting ‘‘and’’ at the end of subpara-
graph (D); and 
(3) by adding at the end the following: 
‘‘(E) for any portion of a treatment works 
proposed for repair, replacement, or expansion, 
and eligible for assistance under section 
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torical societies, and North Carolina’s Northeast Partner-
ship, and other appropriate agencies shall conduct a study 
regarding the suitability and feasibility of designating the 
study area described in section 3 as the Northeastern 
North Carolina Heritage Area. The study shall include 
analysis, documentation, and determination regarding 
whether the study area— 
(1) has an assemblage of natural, historic, and 
cultural resources that together represent distinctive 
aspects of American heritage worthy of recognition, 
conservation, interpretation, and continuing use, and 
are best managed through partnerships among pub-
lic and private entities and by combining diverse and 
sometime noncontiguous resources and active com-
munities; 
(2) reflects traditions, customs, beliefs, and 
folklife that are a valuable part of the national story; 
(3) provides outstanding opportunities to con-
serve natural, historic, cultural, or scenic features; 
(4) provides outstanding recreational and edu-
cational opportunities; 
(5) contains resources important to the identi-
fied theme or themes of the study area that retain 
a degree of integrity capable of supporting interpre-
tation; 
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(6) includes residents, business interests, non-
profit organizations, and local and State govern-
ments that are involved in the planning, have devel-
oped a conceptual financial plan that outlines the 
roles of all participants including the Federal Gov-
ernment), and have demonstrated support for the 
concept of a national heritage area; 
(7) has a potential management entity to work 
in partnership with residents, business interests, 
nonprofit organizations, and local and State govern-
ments to develop a national heritage area consistent 
with continued local and State economic activity; 
and 
(8) has a conceptual boundary map that is sup-
ported by the public. 
SEC. 3. BOUNDARIES OF THE STUDY AREA. 
The study area referred to in section 2 shall be com-
prised of the counties of Beaufort, Bertie, Camden, Cho-
wan, Currituck, Dare, Gates, Halifax, Hertford, Hyde, 
Martin, Northampton, Pasquotank, Perquimans, Tyrrell, 
and Washington, North Carolina. 
SEC. 4. REPORT. 
Not later than 3 fiscal years after the date on which 
funds are first made available for this Act, the Secretary 
of the Interior shall submit to the Committee on Natural 
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Resources of the House of Representatives and the Com-
mittee on Energy and Natural Resources of the Senate 
a report on the findings, conclusions, and recommenda-
tions of the study. 
Æ 
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SEC. 2. INCLUSION OF MEDICARE PROVIDER PAYMENTS IN 
FEDERAL PAYMENT LEVY PROGRAM. 
(a) IN GENERAL.—The Centers for Medicare & Med-
icaid Services shall take all necessary steps to participate 
in the Federal Payment Levy Program under section 
6331(h) of the Internal Revenue Code of 1986 as soon 
as possible and shall ensure that— 
(1) at least 50 percent of all payments under 
parts A and B of title XVIII of the Social Security 
Act are processed through such program within one 
year of the date of enactment of this Act, and 
(2) all remaining payments under such parts A 
and B are processed through such program within 
two years of such date. 
(b) ASSISTANCE.—The Financial Management Serv-
ice and the Internal Revenue Service shall provide assist-
ance to the Centers for Medicare & Medicaid Services to 
ensure that all payments described in subsection (a) are 
included in the Federal Payment Levy Program by the 
deadlines specified in that subsection. 
SEC. 3. APPLICATION OF ADMINISTRATIVE OFFSET PROVI-
SIONS TO MEDICARE PROVIDER PAYMENTS. 
(a) IN GENERAL.—Section 3716 of title 31, United 
States Code, is amended— 
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(1) by inserting ‘‘the Department of Health and 
Human Services,’’ after ‘‘United States Postal Serv-
ice,’’ in subsection (c)(1)(A), and 
(2) by adding at the end of subsection (c)(3) 
the following new subparagraph: 
‘‘(D) This section shall apply to claims or 
debts, and to amounts payable, under title 
XVIII of the Social Security Act.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply to payments made after the date 
of enactment of this Act. 
SEC. 4. STREAMLINING TAX LEVIES ON FEDERAL PAY-
MENTS. 
(a) IN GENERAL.—Section 6330(f) of the Internal 
Revenue Code of 1986 (relating to jeopardy and State re-
fund collection) is amended— 
(1) by striking ‘‘or’’ at the end of paragraph 
(1), 
(2) by striking the comma at the end of para-
graph (2) and inserting ‘‘; or’’, 
(3) by inserting after paragraph (2) the fol-
lowing new paragraph: 
‘‘(3) the Secretary has approved a levy, includ-
ing a continuing levy under section 6331(h), on 
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specified 
payments, 
as 
defined 
in 
section 
6331(h)(2),’’, and 
(4) by striking the heading and inserting 
‘‘JEOPARDY, STATE
REFUND, AND
COLLECTION 
FROM FEDERAL PAYMENTS’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply to levies made after the date of 
enactment of this Act. 
Æ 
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326 
HR 1105 PCS 
and remain in the Federal Buildings Fund except funds 
for projects as to which funds for design or other funds 
have been obligated in whole or in part prior to such date: 
Provided further, That the amount provided in this or any 
prior Act for Basic Repairs and Alterations may be used 
to pay claims against the Government arising from any 
projects under the heading ‘‘Repairs and Alterations’’ or 
used to fund authorized increases in prospectus projects; 
(3) $149,570,000 for installment acquisition payments in-
cluding payments on purchase contracts which shall re-
main available until expended; (4) $4,642,156,000 for 
rental of space which shall remain available until ex-
pended; and (5) $2,197,354,000 for building operations 
which shall remain available until expended: Provided fur-
ther, That funds available to the General Services Admin-
istration shall not be available for expenses of any con-
struction, repair, alteration and acquisition project for 
which a prospectus, if required by the Public Buildings 
Act of 1959, has not been approved, except that necessary 
funds may be expended for each project for required ex-
penses for the development of a proposed prospectus: Pro-
vided further, That funds available in the Federal Build-
ings Fund may be expended for emergency repairs when 
advance approval is obtained from the Committees on Ap-
propriations: Provided further, That amounts necessary to 
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327 
HR 1105 PCS 
provide reimbursable special services to other agencies 
under section 210(f)(6) of the Federal Property and Ad-
ministrative Services Act of 1949 (40 U.S.C. 592(b)(2)) 
and amounts to provide such reimbursable fencing, light-
ing, guard booths, and other facilities on private or other 
property not in Government ownership or control as may 
be appropriate to enable the United States Secret Service 
to perform its protective functions pursuant to 18 U.S.C. 
3056, shall be available from such revenues and collec-
tions: Provided further, That revenues and collections and 
any other sums accruing to this Fund during fiscal year 
2009, excluding reimbursements under section 210(f)(6) 
of the Federal Property and Administrative Services Act 
of 1949 (40 U.S.C. 592(b)(2)) in excess of the aggregate 
new obligational authority authorized for Real Property 
Activities of the Federal Buildings Fund in this Act shall 
remain in the Fund and shall not be available for expendi-
ture except as authorized in appropriations Acts. 
GENERAL ACTIVITIES 
GOVERNMENT-WIDE POLICY 
For expenses authorized by law, not otherwise pro-
vided for, for Government-wide policy and evaluation ac-
tivities associated with the management of real and per-
sonal property assets and certain administrative services; 
Government-wide policy support responsibilities relating to 
acquisition, telecommunications, information technology 
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114 
† HR 1256 EAS 
experts, on the design and conduct of such studies and 
surveillance. 
‘‘(3) REVISION.—The regulations or guidance 
under paragraph (1) shall be revised on a regular 
basis as new scientific information becomes available. 
‘‘(4) NEW TOBACCO PRODUCTS.—Not later than 
2 years after the date of enactment of the Family 
Smoking Prevention and Tobacco Control Act, the 
Secretary shall issue a regulation or guidance that 
permits the filing of a single application for any to-
bacco product that is a new tobacco product under 
section 910 and which the applicant seeks to commer-
cially market under this section. 
‘‘(m) DISTRIBUTORS.—Except as provided in this sec-
tion, no distributor may take any action, after the date of 
enactment of the Family Smoking Prevention and Tobacco 
Control Act, with respect to a tobacco product that would 
reasonably be expected to result in consumers believing that 
the tobacco product or its smoke may present a lower risk 
of disease or is less harmful than one or more commercially 
marketed tobacco products, or presents a reduced exposure 
to, or does not contain or is free of, a substance or sub-
stances. 
‘‘SEC. 912. JUDICIAL REVIEW. 
‘‘(a) RIGHT TO REVIEW.—