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ACTIVITIES

Funds-Continued

887

Direct obligations:

Personnel compensation:

11.1

Full-time permanent.

187,744

204,596

11.3

Other than full-time permanent.

8,768

9,126

11.5

Other personnel compensation....

1,338

1,475

11.8

Special personal services payments..

1,786

1,798

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For necessary expenses of the United States Marshals Service; including acquisition, lease, maintenance, and operation of vehicles and aircraft, [$142,000,000] $216,092,000, of which not to exceed $1,350,000 may be made available for planning, construction, renovation, maintenance, remodeling, and repair of buildings and the pur chase of equipment incident thereto for protected witness safesites: Provided, That notwithstanding the provisions of title 31 U.S.C. 3302, the Director of the United States Marshals Service may collect fees and expenses for the service of civil process, including: complaints, summonses, subpoenas and similar process; and seizures, levies, and sales associated with judicial orders of execution; and credit not to exceed $1,000,000 of such fees to this appropriation to be used for salaries and other expenses incurred in providing these services. (18 U.S.C. 1963, 3053, 3059, 3192, 4008, 3521-3528; 19 U.S.C. 1613; 21 U.S.C. 881; 28 US.C. 510, 524, 561-562, 565, 567, 569-572, 1921; 31 U.S.C. 3324: 48 U.S.C. 1424(b), 1614(c), 1694(bx3); Federal Rules of Civil Procedure 4; Federal Rules of Criminal Procedure 4, 9; Supple mental Admiralty Rules; Department of Justice Appropriation Act, 1987, as included in Public Laws 99-500 and 99-591, section 101(b), additional authorizing legislation to be proposed.)

[For an additional amount for "Salaries and expenses, United States Marshals Service", $17,000,000.] (Omnibus Drug Supplemental Appropriations Act of 1987, as included in Public Laws 99-500 and 99-591, Title II.)

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The Federal Government is represented in each of the 94 judicial districts by a U.S. Marshal. The primary mission of the U.S. Marshals Service is responsibility for the protection of the Federal judiciary, protection of witnesses, execution of warrants and court orders, and custody and transportation of unsentenced prisoners. It is the principal support force in the Federal judicial system and an integral part of the Federal law enforcement community. Beginning in 1988, the expenses of protected witnesses and their dependents will be funded from this appropriation.

Reimbursable program.-Federal funds in 1988 are derived primarily from the U.S. Air Force for Intercontinental Ballistic Missile transportation security serv. ices provided by the U.S. Marshals Service, as well as the Bureau of Prisons for the transportation of sentenced prisoners, and the Department of State for security details at the United Nations. Non-Federal funds are derived from State and local governments for witness protection and for the transportation of prisoners pursuant to State writs.

SUPPORT OF UNITED STATES PRISONERS*

*See Part II for additional information.

For support of United States prisoners in non-Federal institutions, [$50,000,000; and in addition, $5,000,000], $76,914,000, which shall remain available until expended; of which not to exceed $5,000,000 shall be available under the Cooperative Agreement Program [until expended] for the purposes of renovating, constructing, and equip ping State and local correctional facilities: Provided, That amounts made available for constructing any local correctional facility shall not exceed the cost of constructing space for the average Federal prisoner population to be housed in the facility, or in other facilities in the same correctional system, as projected by the Attorney Gener al: Provided further, That following agreement on or completion of any Federally assisted correctional facility construction, the availabil ity of the space acquired for Federal prisoners with these Federal funds shall be assured and the per diem rate charged for housing Federal prisoners in the assured space shall not exceed operating costs for the period of time specified in the cooperative agreement[ Provided further, That funds earmarked for the support of United States prisoners in non-Federal institutions in the Department of Justice Appropriations Acts, 1984 and 1985, that remain unobligated before September 30, 1986, for the purpose of liquidating any 1986 at the end of fiscal year 1986, are restored effective immediately obligations for that activity that cannot be funded from 1986 appro priations]. (18 USC. 4001-4003, 4006-4009, 4042, 4082, 4085-4086.

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FEES AND EXPENSES OF WITNESSES

For expenses, mileage, compensation, and per diems of witnesses and for per diems in lieu of subsistence, as authorized by law, including advances; [$52,187,000] $37,359,000, to remain available until expended [, of which not to exceed $1,350,000 may be made available for planning, construction, renovation, maintenance, remodeling, and repair of buildings and the purchase of equipment incident thereto for protected witness safesites]. (5 U.S.C. 503(b), 5537, 5751; 18 U.S.C. 3495-96, 4203, 4241, 4242; 28 U.S.C. 524, 1783, 1821, 1825, 1915, 1922; 31 U.S.C. 3324; Department of Justice Appropriation Act, 1987, as included in Public Laws 99-500 and 99-591, section 101(b); additional authorizing legislation to be proposed.)

Program and Financing (in thousands of dollars)

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Outlays...

Relation of obligations to outlays: 71.00 Obligations incurred, net. 72.40 Obligated balance, start of year. 74.40 Obligated balance, end of year. 77.00 Adjustments in expired accounts. 90.00

43,823

52.574

37,359

7,291

12.194

15,190

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Care of U.S. prisoners in non-Federal institutions.Under this program, the U.S. Marshals Service contracts with State and local jails to board Federal prisoners and detainees for short periods of time. These periods of detention occur before and during a trial and while awaiting transfer to Federal institutions after conviction. Approximately 95,500 prisoners will be boarded in approximately 835 jails at an average cost of $39.69 per offender day in 1988.

Cooperative agreement program.-Agreements are negotiated with State and local governments for renovat ing, constructing, and equipping facilities that detain Federal prisoners.

Object Classification (in thousands of dollars)

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Note-Excludes $17,618 thousand in 1988 for Protection of Witnesses program transferred to Salaries and expenses, U.S. Marshals Service. Comparable amounts for 1986 ($13,029 thousand) and 1987 ($17,641 thousand) are included above.

Fees and expenses are paid to witnesses who appear on behalf of the Government in cases in which the United States is a party. Costs incurred are affected by factors over which the Department of Justice exercises little control. The U.S. attorneys and the Department's six legal divisions are served by this appropriation.

Fact witnesses.-Payment for attendance fees, per diem and travel is provided for witnesses who testify as to events or facts about which they have personal knowledge.

Protection of witnesses.-Beginning in 1988, the expenses of protected witnesses will be funded from the U.S. Marshals Service appropriation.

Expert witnesses.-Provides for the payment of fees and expenses associated with the preparation and presentation of testimony by technical and scientific experts in legal proceedings involving the United States.

Mental competency examinations.-This program provides payments to psychiatrists and physicians for court-ordered examinations of the mental competency of persons accused of offenses against the United States. Reports and court testimony relating to the examinations are included in these fees.

ACTIVITIES

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For necessary expenses of the Community Relations Service, established by title X of the Civil Rights Act of 1964, [$29,637,000] $29,123,000, of which [$23,266,000 $21,740,000 shall remain available until expended to make payments in advance for grants, contracts and reimbursable agreements and other expenses necessary under section 501(c) of the Refugee Education Act of 1980 (Public Law 96-422; 94 Stat. 1809) for the processing, care, maintenance, security, transportation and reception and placement in the United States of Cuban and Haitian entrants: Provided, That notwithstanding section 501(e)X2XB) of the Refugee Education Assistance Act of 1980 (Public Law 96-422; 94 Stat. 1810), funds may be expended for assistance with

respect to Cuban and Haitian entrants as authorized under section 501(c) of such Act. (Reorganization Plan No. 1 of 1966; Department of

Justice Appropriation Act, 1987, as included in Public Laws 99-500 and 99-591, section 101(b); additional authorizing legislation to be proposed.)

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[in thousands of dollars]

1987 actual

1987 est

1988 est

28,614

29.786

29.123

42,090

29,176

27,056

41

31

10

28,614 29.827 29.123 42,090 29,207 27,066

Prevention and conciliation of community disputes.The Community Relations Service (CRS) provides assistance to communities in resolving disputes, disagreements, and difficulties arising from discriminatory practices based on race, color, or national origin which impair the rights of citizens or which disrupt or threaten to disrupt peaceful relations among citizens.

The 1988 request will provide CRS with resources to continue to focus on racial disputes in the areas of law enforcement, immigration, corrections, education, em ployment, ployment, housing, community development, and Indian rights, among others. In 1988, CRS also anticipates continuing response to conflicts involving IndoChinese refugees as well as the Ku Klux Klan. CRS will continue to monitor and will help communities to forestall threats of urban civil disorder.

Reception, processing and care of Cubans and Hai tians. This activity provides for the reception, processing, resettlement, health and mental care, and other services of Cuban and Haitian entrants who entered the United States in 1980 and each year thereafter and who subsequently have been detained by the Immigration and Naturalization Service for their undocumented or unauthorized entry into the United States.

Object Classification (in thousands of dollars)

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[In thousands of dollars]

1986 actual

1987 est

1988 est

11,743

53.525

11,155

50,849

16,436

15,614

822

28.179 26,769 51,671

53,525

[SALARIES AND EXPENSES, OVERsight of BankRUPTCY CASES] UNITED STATES TRUSTEES SYSTEM FUND*

*See Part II for additional information.

[For necessary expenses of the bankruptcy trustees, $11,500,000. Effective immediately before November 10, 1986, section 408(c) of the Act of November 6, 1978 (Public Law 95-598; 92 Stat. 2687), is amended by striking out "November 10, 1986" and inserting in lieu thereof "September 30, 1987".]

For the necessary expenses of the United States Trustees Program, $53,525,000, for activities authorized by sec. 115 of the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986 (Public Law 99-554): Provided, That deposits to the Fund are available in such amounts as may be necessary to pay refunds due depositors. (12 U.S.C. 1904b; Department of Justice Appropriation Act, 1987, as included in Public Laws 99-500 and 99-591, section 101(b); additional authorizing legislation to be proposed.)

Amounts Available for Appropriation (in thousands of dollars)

United States trustee system fund.-The Bankruptcy Judges, U.S. Trustees and Family Farmer Bankruptcy Act of 1986 (Public Law 99-554), expands the current pilot program to a twenty-one region nationwide program encompassing ninety-four judicial districts. The United States trustee program supervises the administration of bankruptcy cases in the Federal Bankruptcy Courts. In 1987 and 1988, the estimates reflect phased expansion of the program's jurisdiction to all Federal judicial districts. The nationwide expansion will be completed in 1989. Appropriated amounts are being sought for 1987 and 1988. 1989 amounts will be derived from receipts.

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