H.R. 2267 (rh) Making appropriations for the Departments of Commerce, Justice, and State, the Judiciary, and related agencies for the fiscal year ending September 30, 1998, and for other purposes. ...

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105th CONGRESS
  1st Session
                                H. R. 2267


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 1, 1997

                                Received

_______________________________________________________________________

                                 AN ACT


 
  Making appropriations for the Departments of Commerce, Justice, and 
 State, the Judiciary, and related agencies for the fiscal year ending 
              September 30, 1998, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 1998, and for other purposes, namely:

                     TITLE I--DEPARTMENT OF JUSTICE

                         General Administration

                         salaries and expenses

    For expenses necessary for the administration of the Department of 
Justice, $76,199,000, of which not to exceed $3,317,000 is for the 
Facilities Program 2000, to remain available until expended: Provided, 
That not to exceed 43 permanent positions and 44 full-time equivalent 
workyears and $7,860,000 shall be expended for the Department 
Leadership Program exclusive of augmentation that occurred in these 
offices in fiscal year 1997: Provided further, That not to exceed 41 
permanent positions and 48 full-time equivalent workyears and 
$4,660,000 shall be expended for the Offices of Legislative Affairs and 
Public Affairs: Provided further, That the latter two aforementioned 
offices shall not be augmented by personnel details, temporary 
transfers of personnel on either a reimbursable or non-reimbursable 
basis or any other type of formal or informal transfer or reimbursement 
of personnel or funds on either a temporary or long-term basis.

                         counterterrorism fund

    For necessary expenses, as determined by the Attorney General, 
$20,000,000, to remain available until expended, to reimburse any 
Department of Justice organization for: (1) the costs incurred in 
reestablishing the operational capability of an office or facility 
which has been damaged or destroyed as a result of any domestic or 
international terrorist incident; (2) the costs of providing support to 
counter, investigate or prosecute domestic or international terrorism, 
including payment of rewards in connection with these activities; and 
(3) the costs of conducting a terrorism threat assessment of Federal 
agencies and their facilities: Provided, That funds provided under this 
heading shall be available only after the Attorney General notifies the 
Committees on Appropriations of the House of Representatives and the 
Senate in accordance with section 605 of this Act.

                   administrative review and appeals

    For expenses necessary for the administration of pardon and 
clemency petitions and immigration related activities, $66,700,000.

  violent crime reduction programs, administrative review and appeals

    For activities authorized by section 130005 of the Violent Crime 
Control and Law Enforcement Act of 1994 (Public Law 103-322), as 
amended, $59,000,000, to remain available until expended, which shall 
be derived from the Violent 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, $33,211,000 (increased by $2,000,000); including not to exceed 
$10,000 to meet unforeseen emergencies of a confidential character, to 
be expended under the direction 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 regard to the general purchase price limitation for the current 
fiscal year: Provided, That up to one-tenth of one percent 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 section 130005 of the Violent Crime 
Control and Law Enforcement Act of 1994 (Public Law 103-322).

                    United States Parole Commission

                         salaries and expenses

    For necessary expenses of the United States Parole Commission as 
authorized by law, $4,799,000.

                            Legal Activities

            salaries and expenses, general legal activities

    For expenses, necessary for the legal activities of the Department 
of Justice, not otherwise provided for, including not to exceed $20,000 
for expenses of collecting evidence, 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; $445,000,000 (increased by $300,000), 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 $17,525,000 shall remain available until 
expended for office automation systems for the legal divisions covered 
by this appropriation, and for the United States Attorneys, the 
Antitrust Division, and offices funded through ``Salaries and 
Expenses'', General Administration: Provided further, 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.
     In addition, for reimbursement of expenses of the Department of 
Justice associated with processing cases under the National Childhood 
Vaccine Injury Act of 1986, as amended, not to exceed $4,028,000, to be 
appropriated from the Vaccine Injury Compensation Trust Fund.

       violent crime reduction programs, general legal activities

    For the expeditious deportation of denied asylum applicants, as 
authorized by section 130005 of the Violent Crime Control and Law 
Enforcement Act of 1994 (Public Law 103-322), as amended, $7,969,000, 
to remain available until expended, which shall be derived from the 
Violent Crime Reduction Trust Fund.

               salaries and expenses, antitrust division

    For expenses necessary for the enforcement of antitrust and kindred 
laws, $84,542,000 (reduced by $6,000,000): Provided, That 
notwithstanding any other provision of law, not to exceed $70,000,000 
of offsetting collections derived from fees collected for premerger 
notification filings under the Hart-Scott-Rodino Antitrust Improvements 
Act of 1976 (15 U.S.C. 18(a)) shall be retained and used for necessary 
expenses in this appropriation, and shall remain 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 1998, so as to result in a final fiscal 
year 1998 appropriation from the General Fund estimated at not more 
than $14,542,000 (reduced by $6,000,000): Provided further, That any 
fees received in excess of $70,000,000 in fiscal year 1998 shall remain 
available until expended, but shall not be available for obligation 
until October 1, 1998.

             salaries and expenses, united states attorneys

    For necessary expenses of the Office of the United States 
Attorneys, including intergovernmental and cooperative agreements, 
$973,000,000; of which not to exceed $2,500,000 shall be available 
until September 30, 1999, for (1) training personnel in debt 
collection, (2) locating debtors and their property, (3) paying the net 
costs of selling 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 Office of the United States Attorneys, not to exceed 
9,010 positions and 9,116 full-time equivalent workyears shall be 
supported from the funds appropriated in this Act for the United States 
Attorneys: Provided further, That not to exceed $6,000,000 for office 
moves, expansions and renovations shall remain available until 
September 30, 1999: Provided further, That not to exceed $1,200,000 for 
the design, development and implementation of an information systems 
strategy for D.C. Superior Court shall remain available until expended.

       violent crime reduction programs, united states attorneys

    For activities authorized by sections 40114, 130005, 190001(b), 
190001(d), and 250005 of the Violent Crime Control and Law Enforcement 
Act of 1994 (Public Law 103-322), as amended, and section 815 of the 
Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-
132), $62,828,000, to remain available until expended, which shall be 
derived from the Violent Crime Reduction Trust Fund.

                   united states trustee system fund

    For necessary expenses of the United States Trustee Program, as 
authorized by 28 U.S.C. 589a(a), $107,950,000, 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 depositors: Provided further, That, 
notwithstanding any other provision of law, $107,950,000 of offsetting 
collections derived 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: Provided further, That the sum 
herein appropriated from the Fund shall be reduced as such offsetting 
collections are received during fiscal year 1998, so as to result in a 
final fiscal year 1998 appropriation from the Fund estimated at $0: 
Provided further, That any such fees collected in excess of 
$107,950,000 in fiscal year 1998 shall remain available until expended 
but shall not be available for obligation until October 1, 1998.

      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, $1,226,000.

         salaries and expenses, united states marshals service

    For necessary expenses of the United States Marshals Service, 
including the acquisition, lease, maintenance, and operation of 
vehicles and aircraft, and the purchase of passenger motor vehicles for 
police-type use, without regard to the general purchase price 
limitation for the current fiscal year, $462,944,000, 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; and of which not to 
exceed $4,000,000 for development, implementation, maintenance and 
support, and training for an automated prisoner information system, and 
not to exceed $2,200,000 to support the Justice Prisoner and Alien 
Transportation System shall remain available until expended: Provided, 
That, for fiscal year 1998 and thereafter, the service of maintaining 
and transporting State, local, or territorial prisoners shall be 
considered a specialized or technical service for purposes of 31 U.S.C. 
6505, and any prisoners so transported shall be considered persons 
(transported for other than commercial purposes) whose presence is 
associated with the performance of a governmental function for purposes 
of 49 U.S.C. 40102.

    violent crime reduction programs, united states marshals service

    For activities authorized by section 190001(b) of the Violent Crime 
Control and Law Enforcement Act of 1994 (Public Law 103-322), as 
amended, $25,553,000, to remain available until expended, which shall 
be derived from the Violent Crime Reduction Trust Fund.

                       federal prisoner detention

    For expenses, related to United States prisoners in the custody of 
the United States Marshals Service as authorized in 18 U.S.C. 4013, but 
not including expenses otherwise provided for in appropriations 
available to the Attorney General, $405,262,000, as authorized by 28 
U.S.C. 561(i), to remain available until expended.

                     fees and expenses of witnesses

    For expenses, mileage, compensation, and per diems of witnesses, 
for expenses of contracts for the procurement and supervision of expert 
witnesses, for private counsel expenses, and for per diems in lieu of 
subsistence, as authorized by law, including advances, $75,000,000, to 
remain available until expended; of which not to exceed $4,750,000 may 
be made available for planning, construction, renovations, maintenance, 
remodeling, and repair of buildings, and the purchase of equipment 
incident thereto, for protected witness safesites; of which not to 
exceed $1,000,000 may be made available for the purchase and 
maintenance of armored vehicles for transportation of protected 
witnesses; and of which not to exceed $4,000,000 may be made available 
for the purchase, installation and maintenance of a secure, automated 
information network to store and retrieve the identities and locations 
of protected 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, $5,319,000 and, 
in addition, up to $2,000,000 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 provision 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 Service, 
from available appropriations for the current fiscal year for the 
Department of Justice, as may be necessary to respond to such 
circumstances: Provided further, That any transfer pursuant to the 
previous proviso shall be treated as a reprogramming under section 605 
of this Act and shall not be available for obligation or expenditure 
except in compliance with the procedures set forth in that section.

                         assets forfeiture fund

     For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii), (B), (F), 
and (G), as amended, $23,000,000, to be derived from the Department of 
Justice Assets Forfeiture Fund.

                    Radiation Exposure Compensation

                        administrative expenses

    For necessary administrative expenses in accordance with the 
Radiation Exposure Compensation Act, $2,000,000. Further, for the 
foregoing purposes during fiscal year 1999, $2,000,000.

         payment to radiation exposure compensation trust fund

    For payments to the Radiation Exposure Compensation Trust Fund, 

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