106 STAT. 1842 PUBLIC LAW 102-395—OCT. 6, 1992 under that Act, and report the results of such study to the Congress byApril 1, 1993. 42 USC 3722 (b) The Attorney General, acting through the Director of the "°**- National Institute of Justice, shall: (1) evaluate existing and proposed anti-stalking legislation in the States, (2) devdop model anti-stalking legislation that is constitutional and enforceable, (3) prepare and disseminate to State authorities the findings made as a result of such evaluation, and (4) report to the Congress the findings and the need or appropriateness of further action by the Federal Government by September 30, 1993. SEC. 110. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Justice in title I of this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers: Provided, That this section shall not apply to any appropriation made available in title I of this Act under the heading, "Office of Justice Programs, Justice Assistance": Provided further, That any transfer piu-suant to this section shall be treated as a reprogramming of funds under section 606 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. 18 USC 4001 SEC. 111. Notwithstanding Any Other Provision of Law— »°*®- (a) FEE TO RECOVER THE COST OF INCARCERATION. — (1) For fiscal year 1993 and thereafter the Attorney General shall establish and collect a fee to cover the costs of confinement from any person convicted in a United States District Court and committed to the Attorney General's custody. (2) Such fee shall be equivalent to the average cost of one year of incarceration, and the Attorney General shall credit or rebate a prorated portion of the fee with respect to any such person incarcerated for 334 days or fewer in a given fiscal year. (3) The calculation of the number of days of incarceration in a given fiscal year for the purpose of such fee shall include time served prior to conviction. (4) The Attorney General shall not collect such fee from any person with respect to whom a fine was imposed or waived by a judge of a United States District Court pursuant to section 5E1.2 (f) and (i) of the United States Sentencing Guidelines, or any successor provisions. (5) In cases in which the Attorney General has authority to collect the fee, the Attorney General shall have discretion to waive the fee or impose a lesser fee if the person under confinement establishes that (1) he or she is not able and, even with the use of a reasonable installment schedule, is not likely to become able to pay all or part of the fee, or (2) imposition of a fine would unduly burden the defendant's dependents. (6) For fiscal year 1993 only, fees collected in accordance with this section shall be deposited as offsetting receipts to the Treasury. (7) For fiscal year 1994 and thereafter, fees collected in accordance with this section shall be deposited as offsetting collections to the appropriation Federal Prison System, "Salaries and expenses", and shall be available, inter alia, to enhance alcohol and drug abuse prevention programs.
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