datamatters24/research-document-archive huggingface dataset:
(I) the decision made by the plan
or issuer upon internal review under
section 102 and any guidelines or
standards used by the plan or issuer
in reaching such decision;
(II) any personal health and
medical information supplied with re-
spect to the individual whose denial of
claim for benefits has been appealed;
and
(III) the opinion of the individ-
ual’s treating physician or health care
professional.
(ii) ADDITIONAL
EVIDENCE.—Such
entity may also take into consideration but
not be limited to the following evidence (to
the extent available):
(I) The results of studies that
meet professionally recognized stand-
ards of validity and replicability or
that have been published in peer-re-
viewed journals.
(II) The results of professional
consensus conferences conducted or fi-
ed by redesignating subsection (h) as subsection (i) and
by inserting after subsection (g) the following new sub-
section:
‘‘(h) HUMAN CAPITAL INVESTMENT CONTRACTS.—
If a depreciation deduction is allowable under subsection
(a) with respect to any human capital investment contract
(as defined in section 102 of the Student Success Act of
1999), such deduction—
‘‘(1) shall be allowable beginning with the tax-
able year during which the student is first obligated
to begin payments under the contract, and
‘‘(2) shall be computed by using the straight-
line method and a useful life equal to the shorter
of—
‘‘(A) 15 years, or
‘‘(B) the maximum period the student is
obligated to make payments under the contract
(determined without regard to any extension of
such period by reason of a deferral).’’
(c) DEDUCTION FOR PAYMENTS.—
(1) IN GENERAL.—Part VII of subchapter B of
chapter 1 of such Code is amended by redesignating
section 221 as section 222 and by inserting after
section 220 the following new section:
SALARIES AND EXPENSES, FOREIGN CLAIMS
SETTLEMENT COMMISSION
For expenses necessary to carry out the activities of
the Foreign Claims Settlement Commission, including
services as authorized by 5 U.S.C. 3109, $1,175,000.
SALARIES AND EXPENSES, UNITED STATES MARSHALS
SERVICE
For necessary expenses of the United States Mar-
shals Service; including the acquisition, lease, mainte-
nance, and operation of vehicles, and the purchase of pas-
senger motor vehicles for police-type use, without regard
to the general purchase price limitation for the current
fiscal year, $329,289,000, as authorized by 28 U.S.C.
561(i); of which not to exceed $6,000 shall be available
for official reception and representation expenses; of which
not to exceed $4,000,000 for development, implementa-
tion, maintenance and support, and training for an auto-
mated prisoner information system shall remain available
until expended; and of which not less than $2,762,000
shall be for the costs of conversion to narrowband commu-
nications and for the operations and maintenance of leg-
acy Land Mobile Radio systems: Provided, That such
amount shall be transferred to and administered by the
Department of Justice Wireless Management Office.
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. MCINNIS CANYONS NATIONAL CONSERVATION
AREA.
(a) PURPOSE.—The Colorado Canyons National Con-
servation Area and Black Ridge Canyons Wilderness Act
of 2000 (16 U.S.C. 460mmm et seq.) is amended in sec-
tion 2(b) by striking ‘‘Colorado Canyons’’ and inserting
‘‘McInnis Canyons’’.
(b) DEFINITIONS.—Section 3 of such Act is
amended—
(1) in paragraph (1), by striking ‘‘Colorado’’
and inserting ‘‘McInnis’’; and
(2) in paragraph (2), by striking ‘‘Colorado’’
and inserting ‘‘McInnis’’.
(c) COLORADO CANYONS NATIONAL CONSERVATION
AREA.—Section 4 of such Act is amended—
(1) in the heading, by striking ‘‘COLORADO’’
and inserting ‘‘MCINNIS’’; and
(2) in subsection (a), by striking ‘‘Colorado
Canyons’’ and inserting ‘‘McInnis Canyons’’.
(d) ADVISORY COUNCIL.—Section 8(a) of such Act
is amended by striking ‘‘Colorado Canyons’’ and inserting
‘‘McInnis Canyons’’.
(e) SHORT TITLE.—Section 1 of such Act is amended
by striking ‘‘Colorado’’ and inserting ‘‘McInnis’’.
(f) REFERENCES.—Any reference in a law, map, reg-
ulation, document, paper, or other record of the United
States to the ‘‘Colorado Canyons National Conservation
Area’’ shall be deemed to be a reference to the ‘‘McInnis
Canyons National Conservation Area’’.
(g) EFFECTIVE DATE.—This section and the amend-
ments made by this section take effect on January 1,
2005.
Passed the House of Representatives September 28,
2004.
Attest:
Clerk.
H. R. 4837—44
in the certificate, permit, right-of-way, lease, or other authorization
to meet current project requirements (including the physical design,
facilities, and tariff specifications), if the addition, amendment,
or rescission—
(1) would not compel any change in the basic nature and
general route of the Alaska natural gas transportation system
as designated and described in section 2 of the President’s
decision; or
(2) would not otherwise prevent or impair in any significant
respect the expeditious construction and initial operation of
the Alaska natural gas transportation system.
(c) UPDATED ENVIRONMENTAL REVIEWS.—The Secretary shall
require the sponsor of the Alaska natural gas transportation system
to submit such updated environmental data, reports, permits, and
impact analyses as the Secretary determines are necessary to
develop detailed terms, conditions, and compliance plans required
by section 5 of the President’s decision.
SEC. 111. SENSE OF CONGRESS CONCERNING USE OF STEEL MANUFAC-
TURED IN NORTH AMERICA NEGOTIATION OF A PROJECT
LABOR AGREEMENT.
It is the sense of Congress that—
(1) an Alaska natural gas transportation project would
provide significant economic benefits to the United States and
Canada; and
(2) to maximize those benefits, the sponsors of the Alaska
natural gas transportation project should make every effort
to—
(A) use steel that is manufactured in North America;
and
(B) negotiate a project labor agreement to expedite
construction of the pipeline.
SEC. 112. SENSE OF CONGRESS AND STUDY CONCERNING PARTICIPA-
TION BY SMALL BUSINESS CONCERNS.
(a) DEFINITION OF SMALL BUSINESS CONCERN.—In this section,
the term ‘‘small business concern’’ has the meaning given the term
in section 3(a) of the Small Business Act (15 U.S.C. 632(a)).
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) an Alaska natural gas transportation project would
provide significant economic benefits to the United States and
Canada; and
(2) to maximize those benefits, the sponsors of the Alaska
natural gas transportation project should maximize the partici-
pation of small business concerns in contracts and subcontracts
awarded in carrying out the project.
(c) STUDY.—
(1) IN GENERAL.—The Comptroller General of the United
States shall conduct a study to determine the extent to which
small business concerns participate in the construction of oil
and gas pipelines in the United States.
(2) REPORT.—Not later than 1 year after the date of enact-
ment of this Act, the Comptroller General shall submit to
Congress a report that describes results of the study under
paragraph (1).
(3) UPDATES.—The Comptroller General shall—
Information Officer in accordance with the Department’s
capital investment management process to assure a sound
investment strategy, together with not to exceed
$314,000, which may be expended from the Employment
Security Administration Account in the Unemployment
Trust Fund: Provided, That no funds made available by
this Act may be used by the Solicitor of Labor to partici-
pate in a review in any United States court of appeals
of any decision made by the Benefits Review Board under
section 21 of the Longshore and Harbor Workers’ Com-
pensation Act (33 U.S.C. 921) where such participation
is precluded by the decision of the United States Supreme
Court in Director, Office of Workers’ Compensation Pro-
grams v. Newport News Shipbuilding, 115 S. Ct. 1278
(1995), notwithstanding any provisions to the contrary
contained in Rule 15 of the Federal Rules of Appellate
Procedure: Provided further, That no funds made available
by this Act may be used by the Secretary of Labor to re-
view a decision under the Longshore and Harbor Workers’
Compensation Act (33 U.S.C. 901 et seq.) that has been
appealed and that has been pending before the Benefits
Review Board for more than 12 months: Provided further,
That any such decision pending a review by the Benefits
Review Board for more than 1 year shall be considered
affirmed by the Benefits Review Board on the 1-year anni-
consultation with the ex officio members under
paragraph (1) and the four organizations re-
ferred to in subparagraph (B).
(E) One member shall be a representative
of the Council of State and Territorial Epi-
demiologists.
(F) One member shall be a representative
of the National Association of County and City
Health Officials.
(G) One member shall be an epidemiologist
of demonstrated achievements in the field of ep-
idemiology. The epidemiologist shall be ap-
pointed by the Secretary in consultation with
the National Academy of Sciences.
(d) ADMINISTRATIVE SUPPORT; TERMS OF SERVICE;
OTHER PROVISIONS.—The following apply with respect to
the Task Force:
(1) The Task Force shall receive necessary and
appropriate administrative support from the Depart-
ment of Health and Human Services.
(2) Members of the Task Force shall be ap-
pointed for the duration of the Task Force.
(3) From among the members appointed under
subsection (c)(2), the Task Force shall designate an
individual to serve as the chair of the Task Force.
mining early retirement benefits) both be-
fore and after the amendment and an ex-
planation of the effect of the different for-
mulas on applicable individuals,
‘‘(ii) an explanation of the cir-
cumstances (if any) under which (for ap-
propriate categories of applicable individ-
uals) the amendment is reasonably ex-
pected to result in a temporary period
after the effective date of the amendment
during which there are no or minimal ac-
cruals,
‘‘(iii) illustrative examples of normal
or early retirement benefits meeting the re-
quirements of subparagraph (B), and
‘‘(iv) notice of each applicable individ-
ual’s right to request, and of the proce-
dures for requesting, the information re-
quired to be provided under paragraph (4)
and under section 105(e) of the Employee
Retirement Income Security Act of 1974.
‘‘(B) 
ILLUSTRATIVE
EXAMPLES.—Illus-
trative examples meet the requirements of this
subparagraph if such examples illustrate the
adverse effects of the plan amendment. Such
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and supervision of expert witnesses, for private counsel ex-
penses, and for per diems in lieu of subsistence, as author-
ized by law, including advances, $95,000,000, to remain
available
until
expended;
of
which
not
to
exceed
$6,000,000 may be made available for planning, construc-
tion, renovations, maintenance, remodeling, and repair of
buildings, and the purchase of equipment incident thereto,
for protected witness safesites; and of which not to exceed
$1,000,000 may be made available for the purchase and
maintenance of armored vehicles for transportation of pro-
tected witnesses.
SALARIES AND EXPENSES, COMMUNITY RELATIONS
SERVICE
For necessary expenses of the Community Relations
Service, established by title X of the Civil Rights Act of
1964, $7,199,000 and, in addition, up to $1,000,000 of
funds made available to the Department of Justice in this
Act may be transferred by the Attorney General to this
account: Provided, That notwithstanding any other provi-
sion of law, upon a determination by the Attorney General
that emergent circumstances require additional funding
for conflict prevention and resolution activities of the
Community Relations Service, the Attorney General may
transfer such amounts to the Community Relations Serv-
ice, from available appropriations for the current fiscal
year for the Department of Justice, as may be necessary
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proviso shall not create or confer any private right of ac-
tion in any person against the United States, and shall
be treated as a reprogramming under section 605 of this
Act.
COUNTERTERRORISM FUND
For necessary expenses, as determined by the Attor-
ney General, $10,000,000, to remain available until ex-
pended, to reimburse any Department of Justice organiza-
tion for (1) the costs incurred in reestablishing the oper-
ational capability of an office or facility which has been
damaged or destroyed as a result of any domestic or inter-
national terrorist incident; and (2) the costs of providing
support to counter, investigate or prosecute domestic or
international terrorism, including payment of rewards in
connection with these activities: Provided, That any Fed-
eral agency may be reimbursed for the costs of detaining
in foreign countries individuals accused of acts of ter-
rorism that violate the laws of the United States: Provided
further, That funds provided under this paragraph shall
be available only after the Attorney General notifies the
Committees on Appropriations of the House of Represent-
atives and the Senate in accordance with section 605 of
this Act.
TELECOMMUNICATIONS CARRIER COMPLIANCE FUND
For payments authorized by section 109 of the Com-
munications Assistance for Law Enforcement Act (47
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U.S.C. 1008), $15,000,000, to remain available until ex-
pended.
ADMINISTRATIVE REVIEW AND APPEALS
For expenses necessary for the administration of par-
don and clemency petitions and immigration related activi-
ties, $84,200,000.
In addition, $50,363,000, for such purposes, to re-
main available until expended, to be derived from the Vio-
lent Crime Reduction Trust Fund.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $42,475,000; including
not to exceed $10,000 to meet unforeseen emergencies of
a confidential character, to be expended under the direc-
tion of, and to be accounted for solely under the certificate
of, the Attorney General; and for the acquisition, lease,
maintenance, and operation of motor vehicles, without re-
gard to the general purchase price limitation for the cur-
rent fiscal year: Provided, That up to two-tenths of 1 per-
cent of the Department of Justice’s allocation from the
Violent Crime Reduction Trust Fund grant programs may
be transferred at the discretion of the Attorney General
to this account for the audit or other review of such grant
programs, as authorized by the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103–322).
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UNITED STATES PAROLE COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the United States Parole
Commission as authorized by law, $7,380,000.
LEGAL ACTIVITIES
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
For expenses necessary for the legal activities of the
Department of Justice, not otherwise provided for, includ-
ing not to exceed $20,000 for expenses of collecting evi-
dence, to be expended under the direction of, and to be
accounted for solely under the certificate of, the Attorney
General; and rent of private or Government-owned space
in the District of Columbia, $355,691,000; of which not
to exceed $10,000,000 for litigation support contracts
shall remain available until expended: Provided, That of
the funds available in this appropriation, not to exceed
$18,166,000 shall remain available until expended for of-
fice automation systems for the legal divisions covered by
this appropriation, and for the United States Attorneys,
the Antitrust Division, and offices funded through ‘‘Sala-
ries and Expenses’’, General Administration: Provided fur-
ther, That of the total amount appropriated, not to exceed
$1,000 shall be available to the United States National
Central Bureau, INTERPOL, for official reception and
representation expenses.
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In addition, $147,929,000, to be derived from the
Violent Crime Reduction Trust Fund, to remain available
until expended for such purposes.
In addition, for reimbursement of expenses of the De-
partment of Justice associated with processing cases
under the National Childhood Vaccine Injury Act of 1986,
as amended, not to exceed $3,424,000, to be appropriated
from the Vaccine Injury Compensation Trust Fund.
SALARIES AND EXPENSES, ANTITRUST DIVISION
For expenses necessary for the enforcement of anti-
trust and kindred laws, $57,368,000: Provided, That, not-
withstanding any other provision of law, not to exceed
$57,368,000 of offsetting collections derived from fees col-
lected in fiscal year 2000 for premerger notification filings
under the Hart-Scott-Rodino Antitrust Improvements Act
of 1976 (15 U.S.C. 18(a) note) shall be retained and used
for necessary expenses in this appropriation, and shall re-
main available until expended: Provided further, That the
sum herein appropriated from the General Fund shall be
reduced as such offsetting collections are received during
fiscal year 2000, so as to result in a final fiscal year 2000
appropriation from the General Fund estimated at not
more than $0.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
For necessary expenses of the Offices of the United
States Attorneys, including intergovernmental and cooper-
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ative agreements, $1,161,957,000; of which not to exceed
$2,500,000 shall be available until September 30, 2001,
for (1) training personnel in debt collection, (2) locating
debtors and their property, (3) paying the net costs of sell-
ing property, and (4) tracking debts owed to the United
States Government: Provided, That of the total amount
appropriated, not to exceed $8,000 shall be available for
official reception and representation expenses: Provided
further, That not to exceed $10,000,000 of those funds
available for automated litigation support contracts shall
remain available until expended: Provided further, That,
in addition to reimbursable full-time equivalent workyears
available to the Offices of the United States Attorneys,
not to exceed 9,044 positions and 9,360 full-time equiva-
lent workyears shall be supported from the funds appro-
priated in this Act for the United States Attorneys.
UNITED STATES TRUSTEE SYSTEM FUND
For necessary expenses of the United States Trustee
Program,
as
authorized
by
U.S.C.
589a(a),
$114,248,000, to remain available until expended and to
be derived from the United States Trustee System Fund:
Provided, That, notwithstanding any other provision of
law, deposits to the Fund shall be available in such
amounts as may be necessary to pay refunds due deposi-
tors: Provided further, That, notwithstanding any other
provision of law, $114,248,000 of offsetting collections de-
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rived from fees collected pursuant to 28 U.S.C. 589a(b)
shall be retained and used for necessary expenses in this
appropriation and remain available until expended: Pro-
vided further, That the sum herein appropriated from the
Fund shall be reduced as such offsetting collections are
received during fiscal year 2000, so as to result in a final
fiscal year 2000 appropriation from the Fund estimated
at $0: Provided further, That 28 U.S.C. 589a is amended
by striking ‘‘and’’ in subsection (b)(7); by striking the pe-
riod in subsection (b)(8) and inserting in lieu thereof ‘‘;
and’’; and by adding a new paragraph as follows: ‘‘(9) in-
terest earned on Fund investment.’’.
SALARIES AND EXPENSES, FOREIGN CLAIMS
SETTLEMENT COMMISSION
For expenses necessary to carry out the activities of
the Foreign Claims Settlement Commission, including
services as authorized by 5 U.S.C. 3109, $1,175,000.
SALARIES AND EXPENSES, UNITED STATES MARSHALS
SERVICE
For necessary expenses of the United States Mar-
shals Service; including the acquisition, lease, mainte-
nance, and operation of vehicles, and the purchase of pas-
senger motor vehicles for police-type use, without regard
to the general purchase price limitation for the current
fiscal year, $329,289,000, as authorized by 28 U.S.C.
561(i); of which not to exceed $6,000 shall be available
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for official reception and representation expenses; of which
not to exceed $4,000,000 for development, implementa-
tion, maintenance and support, and training for an auto-
mated prisoner information system shall remain available
until expended; and of which not less than $2,762,000
shall be for the costs of conversion to narrowband commu-
nications and for the operations and maintenance of leg-
acy Land Mobile Radio systems: Provided, That such
amount shall be transferred to and administered by the
Department of Justice Wireless Management Office.
In addition, $209,620,000, for such purposes, to re-
main available until expended, to be derived from the Vio-
lent Crime Reduction Trust Fund.
CONSTRUCTION
For planning, constructing, renovating, equipping,
and maintaining United States Marshals Service prisoner-
holding space in United States courthouses and federal
buildings, including the renovation and expansion of pris-
oner
movement
areas,
elevators,
and
sallyports,
$4,600,000, to remain available until expended.
JUSTICE PRISONER AND ALIEN TRANSPORTATION SYSTEM
FUND, UNITED STATES MARSHALS SERVICE
Beginning in fiscal year 2000 and thereafter, pay-
ment shall be made from the Justice Prisoner and Alien
Transportation System Fund for necessary expenses re-
lated to the scheduling and transportation of United
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‘‘(2) acquire by purchase, condemnation, or oth-
erwise, land or interests in land for the location of
storage and related facilities;
‘‘(3) construct, purchase, lease, or otherwise ac-
quire storage and related facilities;
‘‘(4) use, lease, maintain, sell or otherwise dis-
pose of land or interests in land, or of storage and re-
lated facilities acquired under this part, under such
terms and conditions as the Secretary considers nec-
essary or appropriate;
‘‘(5) acquire, subject to the provisions of section
160, by purchase, exchange, or otherwise, petroleum
products for storage in the Strategic Petroleum Re-
serve;
‘‘(6) store petroleum products in storage facilities
owned and controlled by the United States or in stor-
age facilities owned by others if those facilities are
subject to audit by the United States;
‘‘(7) execute any contracts necessary to develop,
operate, or maintain the Strategic Petroleum Reserve;
‘‘(8) bring an action, when the Secretary con-
siders it necessary, in any court having jurisdiction
over the proceedings, to acquire by condemnation any
real or personal property, including facilities, tem-
porary use of facilities, or other interests in land, to-
‘‘(B) develop and implement each such indi-
vidual work plan, in partnership with each bene-
ficiary receiving such services, in a manner that
affords such beneficiary the opportunity to exer-
cise informed choice in selecting an employment
goal and specific services needed to achieve that
employment goal;
‘‘(C) ensure that each individual work plan
includes at least—
‘‘(i) a statement of the vocational goal
developed with the beneficiary, including, as
appropriate, goals for earnings and job ad-
vancement;
‘‘(ii) a statement of the services and
supports that have been deemed necessary
for the beneficiary to accomplish that goal;
‘‘(iii) a statement of any terms and
conditions related to the provision of such
services and supports; and
‘‘(iv) a statement of understanding re-
garding the beneficiary’s rights under the
Program (such as the right to retrieve the
ticket to work and self-sufficiency if the ben-
eficiary is dissatisfied with the services
being provided by the employment network)