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Pub.L. 105-12 To clarify Federal law with respect to restricting the use of Federal funds in support of assisted suicide. <> ...


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[[Page 2439]]

DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED 
                    AGENCIES APPROPRIATIONS ACT, 1998

[[Page 111 STAT. 2440]]

Public Law 105-119
105th Congress

                                 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. <<NOTE: Nov. 26, 
                         1997 -  [H.R. 2267]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Departments of Commerce, 
Justice, and State, the Judiciary, and Related Agencies Appropriations 
Act, 1998. Department of Justice Appropriations Act, 1998.>>  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 <<NOTE: Notification.>>  agencies and their 
facilities: Provided, That funds provided under this paragraph shall be 
available only after the Attorney General notifies the Committees on 
Appropriations of

[[Page 111 STAT. 2441]]

the House of Representatives and the Senate in accordance with section 
605 of this Act.

    In addition, for necessary expenses, as determined by the Attorney 
General, $32,700,000, to remain available until expended, to reimburse 
departments and agencies of the Federal Government for any costs 
incurred in connection with--
            (1) counterterrorism technology research and development;
            (2) providing training and related equipment for chemical, 
        biological, nuclear, and cyber attack prevention and response 
        capabilities to State and local law enforcement agencies; and
            (3) providing bomb training and response capabilities to 
        State and local law enforcement agencies.

                    administrative review and appeals

    For expenses necessary for the administration of pardon and clemency 
petitions and immigration related activities, $70,007,000.

   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, $59,251,000, 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; 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, $5,009,000.

                            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

[[Page 111 STAT. 2442]]

of, the Attorney General; and rent of private or Government-owned space 
in the District of Columbia; $444,200,000; 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, $75,495,000: 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 $5,495,000: 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, $972,460,000; 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 not to exceed $1,200,000 for the design, development,

[[Page 111 STAT. 2443]]

and implementation of an information systems strategy for D.C. Superior 
Court shall remain available until expended: Provided further, That not 
to exceed $2,500,000 for the operation of the National Advocacy Center 
shall remain available until expended: Provided further, That not to 
exceed $2,000,000 shall remain available until expended for the 
expansion of existing Violent Crime Task Forces in United States 
Attorneys Offices into demonstration projects, including inter-
governmental, inter-local, cooperative, and task-force agreements, 
however denominated, and contracts with State and local prosecutorial 
and law enforcement agencies engaged in the investigation and 
prosecution of violent crimes, including bank robbery and carjacking, 
and drug trafficking: Provided further, That, in addition to 
reimbursable full-time equivalent workyears available to the Office of 
the United States Attorneys, not to exceed 8,948 positions and 9,113 
full-time equivalent workyears shall be supported from the funds 
appropriated in this Act for the United States Attorneys.

        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), $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 depositors: Provided further, That, notwithstanding any 
other provision of law, $114,248,000 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 $114,248,000 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

[[Page 111 STAT. 2444]]

for police-type use, without regard to the general purchase price 
limitation for the current fiscal year, $467,833,000, 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, <<NOTE: 31 USC 6505 note.>>  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

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