[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3303 Referred in Senate (RFS)]

  2d Session
                                H. R. 3303


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 23, 1998

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT


 
 To authorize appropriations for the Department of Justice for fiscal 
  years 1999, 2000, and 2001; to authorize appropriations for fiscal 
 years 1999 and 2000 to carry out certain programs administered by the 
  Department of Justice; to amend title 28, United States Code, with 
respect to the use of funds available to the Department of Justice; and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Justice Appropriations 
Authorization Act, Fiscal Years 1999, 2000, and 2001''.

 TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEARS 1999, 2000, 
                                AND 2001

                    Subtitle A--Specific Provisions

SEC. 101. SUMS AUTHORIZED TO BE APPROPRIATED.

    There are authorized to be appropriated for fiscal years 1999, 
2000, and 2001, to carry out the activities of the Department of 
Justice (including any bureau, office, board, division, commission, or 
subdivision thereof), the following sums:
            (1) For General Administration, salaries and expenses: 
        $238,085,000 for fiscal year 1999, $249,989,000 for fiscal year 
        2000, and $262,489,000 for fiscal year 2001.
            (2) For Administrative Review and Appeals: $144,863,000 for 
        fiscal year 1999, $152,106,000 for fiscal year 2000, and 
        $159,712,000 for fiscal year 2001, for administration of pardon 
        and clemency petitions and for immigration related activities.
            (3) For the Office of Inspector General: $34,610,000 for 
        fiscal year 1999, $36,341,000 for fiscal year 2000, and 
        $38,158,000 for fiscal year 2001, which shall include--
                    (A) not to exceed $10,000 to meet unforeseen 
                emergencies of a confidential character, to be expended 
                under the direction of the Attorney General, and to be 
                accounted for solely on the certificate of the Attorney 
                General; and
                    (B) funds for the purchase, lease, maintenance, and 
                operation of motor vehicles without regard to the 
                general purchase price limitation.
            (4) For General Legal Activities: $485,506,000 for fiscal 
        year 1999, $509,781,000 for fiscal year 2000, and $535,270,000 
        for fiscal year 2001, which shall include--
                    (A) not less than $4,000,000 for each fiscal year 
                for the investigation and prosecution of 
                denaturalization and deportation cases involving 
                alleged Nazi war criminals; and
                    (B) not to exceed $20,000 for each fiscal year to 
                meet unforeseen emergencies of a confidential character 
                to be expended under the direction of the Attorney 
                General and to be accounted for solely on the 
                certificate of the Attorney General.
            (5) For the Antitrust Division: $102,845,000 for fiscal 
        year 1999, $107,987,000 for fiscal year 2000, and $113,386,000 
        for fiscal year 2001.
            (6) For United States Attorneys: $1,106,993,000 for fiscal 
        year 1999, $1,162,343,000 for fiscal year 2000, and 
        $1,220,460,000 for fiscal year 2001.
            (7) For the Federal Bureau of Investigation: $3,014,654,000 
        for fiscal year 1999, $3,164,679,000 for fiscal year 2000, and 
        $3,322,913,000 for fiscal year 2001, which shall include--
                    (A) not to exceed $14,146,000 for each fiscal 
                year--
                            (i) for construction, acquisition, or 
                        renovation of buildings (including equipment 
                        for such buildings) and sites, by purchase or 
                        as otherwise authorized by law;
                            (ii) for conversion or extension of 
                        federally owned buildings; and
                            (iii) for preliminary planning and design 
                        of projects,
                to remain available until expended; and
                    (B) not to exceed $70,000 for each fiscal year to 
                meet unforeseen emergencies of a confidential character 
                to be expended under the direction of the Attorney 
                General and to be accounted for solely on the 
                certificate of the Attorney General.
            (8) For the United States Marshals Service: $529,143,000 
        for fiscal year 1999, $554,785,000 for fiscal year 2000, and 
        $582,525,000 for fiscal year 2001, which shall include--
                    (A) not to exceed $6,300,000 for each fiscal year--
                            (i) for construction, acquisition, or 
                        renovation of buildings (including equipment 
                        for such buildings) and sites, by purchase or 
                        as otherwise authorized by law;
                            (ii) for conversion or extension of 
                        federally owned buildings; and
                            (iii) for preliminary planning and design 
                        of projects,
                to remain available until expended; and
                    (B) $10,000,000 for each fiscal year for 
                administrative expenses of the Justice Prisoner and 
                Alien Transportation System to remain available until 
                expended.
            (9) For the Drug Enforcement Administration: $1,193,102,000 
        for fiscal year 1999, $1,252,358,000 for fiscal year 2000, and 
        $1,314,994,000 for fiscal year 2001, which shall include--
                    (A) not to exceed $8,000,000 for each fiscal year--
                            (i) for construction, acquisition, or 
                        renovation of buildings (including equipment 
                        for such buildings) and sites, by purchase or 
                        as otherwise authorized by law;
                            (ii) for conversion or extension of 
                        federally owned buildings; and
                            (iii) for preliminary planning and design 
                        of projects,
                to remain available until expended;
                    (B) not to exceed $70,000 for each fiscal year to 
                meet unforeseen emergencies of a confidential character 
                to be expended under the direction of the Attorney 
                General and to be accounted for solely on the 
                certificate of the Attorney General or the Deputy 
                Attorney General; and
                    (C) not to exceed $15,000,000 for each fiscal year 
                for diversion control.
            (10) For the Immigration and Naturalization Service: 
        $2,727,490,000 for fiscal year 1999, $2,839,756,000 for fiscal 
        year 2000, and $2,981,544,000 for fiscal year 2001, which shall 
        include--
                    (A) not to exceed $118,170,000 for each fiscal 
                year--
                            (i) for construction, acquisition, or 
                        renovation of buildings (including equipment 
                        for such buildings) and sites, by purchase or 
                        as otherwise authorized by law;
                            (ii) for conversion or extension of 
                        federally owned buildings; and
                            (iii) for preliminary planning and design 
                        of projects,
                to remain available until expended;
                    (B) not to exceed $50,000 for each fiscal year to 
                meet unforeseen emergencies of a confidential character 
                to be expended under the direction of the Attorney 
                General and to be accounted for solely on the 
                certificate of the Attorney General; and
                    (C) not to exceed $4,000,000 for each fiscal year 
                to establish and operate--
                            (i) a district office in Memphis, 
                        Tennessee, for the States of Tennessee, 
                        Arkansas, and Kentucky, and the portion of the 
                        State of Mississippi north of the city of 
                        Jackson;
                            (ii) a district office in San Jose, 
                        California, for the counties of Monterey, Santa 
                        Clara, San Benito, and Santa Cruz of the State 
                        of California;
                            (iii) a suboffice in Nashville, Tennessee, 
                        for the counties of Anderson, Blount, Campbell, 
                        Cannon, Carter, Cheatham, Claiborne, Clay, 
                        Cocke, Cumberland, Davidson, DeKalb, Dickson, 
                        Fentress, Grainger, Greene, Hamblen, Hancock, 
                        Hawkins, Houston, Humphreys, Jackson, 
                        Jefferson, Johnson, Knox, Loudon, Macon, 
                        Monroe, Montgomery, Morgan, Overton, Pickett, 
                        Putnam, Roane, Robertson, Rutherford, Scott, 
                        Sevier, Smith, Stewart, Sullivan, Sumner, 
                        Trousdale, Unicoi, Union, Washington, White, 
                        Williamson, and Wilson of the State of 
                        Tennessee; and
                            (iv) a district office in Charlotte, North 
                        Carolina, for the States of North Carolina and 
                        South Carolina.
            (11) For Fees and Expenses of Witnesses: $95,000,000 for 
        fiscal year 1999, $99,750,000 for fiscal year 2000, and 
        $104,738,000 for fiscal year 2001, which shall remain available 
        until expended and which shall include not to exceed $6,000,000 
        for each fiscal year for planning, construction, renovation, 
        maintenance, remodeling, and repair of buildings, and the 
        purchase of equipment incidental thereto, for protected witness 
        safesites.
            (12) For Interagency Crime and Drug Enforcement: 
        $304,014,000 for fiscal year 1999, $319,215,000 for fiscal year 
        2000, and $335,176,000 for fiscal year 2001, for expenses not 
        otherwise provided for, for the investigation and prosecution 
        of individuals involved in organized crime drug trafficking, 
        except that any funds obligated from appropriations authorized 
        by this paragraph may be used under authorities available to 
        the organizations reimbursed from such funds.
            (13) For the Federal Prison System, including the National 
        Institute of Corrections: $4,508,480,000 for fiscal year 1999, 
        $4,733,900,000 for fiscal year 2000, and $4,970,595,000 for 
        fiscal year 2001.
            (14) For the Foreign Claims Settlement Commission: 
        $1,335,000 for fiscal year 1999, $1,402,000 for fiscal year 
        2000, and $1,472,000 for fiscal year 2001.
            (15) For the Community Relations Service: $8,899,000 for 
        fiscal year 1999, $9,344,000 for fiscal year 2000, and 
        $9,812,000 for fiscal year 2001.
            (16) For the Assets Forfeiture Fund: $23,000,000 for fiscal 
        year 1999, $24,150,000 for fiscal year 2000, and $25,358,000 
        for fiscal year 2001, as may be necessary for the payment of 
        expenses as authorized by section 524 of title 28, United 
        States Code.
            (17) For Support of United States Prisoners in Non-Federal 
        Institutions: $450,858,000 for fiscal year 1999, $473,401,000 
        for fiscal year 2000, and $497,072,000 for fiscal year 2001, 
        which shall remain available until expended. Such sums may be 
        expended to reimburse appropriate health care providers for the 
        care, diagnosis, and treatment of United States prisoners and 
        individuals adjudicated in Federal courts as not guilty by 
        reason of insanity, but only at rates that do not exceed the 
        actual cost of such care, diagnosis, and treatment. Not to 
        exceed $20,000,000 for each fiscal year shall remain available 
        until expended for the purpose of entering into contracts for 
        only the reasonable and actual cost to assist the government of 
        any State, territory, or political subdivision thereof for 
        purposes of renovating, constructing, and equipping any 
        facility that confines Federal detainees, in accordance with 
        regulations to be issued by the Attorney General comparable to 
        the regulations issued under section 4006 of title 18, United 
        States Code.
            (18) For the United States Parole Commission: $7,621,000 
        for fiscal year 1999, $8,002,000 for fiscal year 2000, and 
        $8,402,000 for fiscal year 2001.

SEC. 102. FEDERAL PRISON INDUSTRIES.

    Notwithstanding section 4129 of title 18, United States Code, not 
to exceed $3,266,000 for fiscal year 1999, and not to exceed $3,429,000 
for fiscal year 2000, and not to exceed $3,601,000 for fiscal year 
2001, of the funds available to Federal Prison Industries may be used 
for--
            (1) administrative expenses; and
            (2) services authorized by section 3109 of title 5, United 
        States Code,
to be computed on an accrual basis in accordance with the current 
prescribed accounting system of Federal Prison Industries. Such funds 
shall be exclusive of depreciation, payment of claims, and expenditures 
that such accounting system requires to be capitalized or charged to 
the cost of commodities acquired or produced (including selling and 
shipping expenses) and expenses incurred in connection with 
acquisition, construction, operation, maintenance, improvement, 
protection, or disposition of facilities and other property of Federal 
Prison Industries.

                     Subtitle B--General Provisions

SEC. 151. APPOINTMENT OF ADDITIONAL ASSISTANT UNITED STATES ATTORNEYS; 
              REDUCTION OF CERTAIN LITIGATION POSITIONS.

    (a) Appointments Required.--Not later than September 30, 2000, the 
Attorney General may exercise authority under section 542 of title 28, 
United States Code, to appoint 200 assistant United States attorneys in 
addition to the number of assistant United States attorneys serving on 
the date of the enactment of this Act.
    (b) Selection of Appointees.--Individuals first appointed under 
subsection (a) shall be appointed from among attorneys who are 
incumbents of 200 full-time litigation positions in divisions of the 
Department of Justice and whose official duty station is at the seat of 
Government.
    (c) Termination of Positions.--Each of the 200 litigation positions 
that become vacant by reason of an appointment made in accordance with 
subsections (a) and (b) shall be terminated at the time the vacancy 
arises.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary for fiscal years 1999 and 
2000 to carry out this section.

        TITLE II--AUTHORIZATIONS OF APPROPRIATIONS FOR PROGRAMS

SEC. 201. AMENDMENTS TO THE CRIME CONTROL AND LAW ENFORCEMENT ACT OF 
              1994.

    (a) Expeditious Deportation for Denied Asylum Applicants.--Section 
130005(c) of the Violent Crime Control and Law Enforcement Act of 1994 
(8 U.S.C. 1158 note) is amended--
            (1) in paragraph (3) by striking ``and'' at the end;
            (2) in paragraph (4) by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(5) $90,000,000 for fiscal year 1999; and
            ``(6) $90,000,000 for fiscal year 2000.''.
    (b) Amendments to Violence Against Women Act of 1994.--Section 
40114 of the Violence Against Women Act of 1994 (Public Law 103-322; 
108 Stat 1910) is amended--
            (1) in paragraph (2) by striking ``and'' at the end;
            (2) in paragraph (3) by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(4) $500,000 for fiscal year 1999; and
            ``(5) $500,000 for fiscal year 2000.''.
    (c) Improving Border Controls.--Section 130006(a) of the Violent 
Crime Control and Law Enforcement Act of 1994 (8 U.S.C. 1101 note) is 
amended--
            (1) in paragraph (3) by striking ``and'' at the end;
            (2) in paragraph (4) by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(5) $200,000,000 for fiscal year 1999; and
            ``(6) $200,000,000 for fiscal year 2000.''.
    (d) Expanded Special Deportation Proceedings.--Section 130007(d) of 
the Violent Crime Control and Law Enforcement Act of 1994 (8 U.S.C. 
1252 note) is amended--
            (1) in paragraph (3) by striking ``and'' at the end;
            (2) in paragraph (4) by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(5) $2,000,000 for fiscal year 1999; and
            ``(6) $2,000,000 for fiscal year 2000.''.
    (e) Training Programs.--Section 40152(c) of the Violent Crime 
Control and Law Enforcement Act of 1994 (42 U.S.C. 13941(c)) is amended 
by striking paragraphs (1) and (2), and inserting the following:
            ``(1) $1,000,000 for fiscal year 1999; and
            ``(2) $1,000,000 for fiscal year 2000.''.
    (f) Missing Alzheimer's Disease Patient Alert Program.--Section 
240001(d) of the Violent Crime Control and Law Enforcement Act of 1994 
(42 U.S.C. 14181(d)) is amended--
            (1) in paragraph (2) by striking ``and'' at the end;
            (2) in paragraph (3) by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(4) $900,000 for fiscal year 1999; and
            ``(5) $900,000 for fiscal year 2000.''.
    (g) Motor Vehicle Theft Prevention Program.--Section 220002(h) of 
the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
14171(h)) is amended--
            (1) in paragraph (2) by striking ``and'' at the end;
            (2) in paragraph (3) by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(4) $750,000 for fiscal year 1999; and
            ``(5) $750,000 for fiscal year 2000.''.
    (h) Rural Domestic Violence and Child Abuse Enforcement Assistance 
Act.--Section 40295(c)(1) of the Violent Crime Control and Law 
Enforcement Act of 1994 (42 U.S.C. 13971(c)(1)) is amended--
            (1) in subparagraph (B) by striking ``and'' at the end;
            (2) in subparagraph (C) by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding at the end the following:
                    ``(D) $15,000,000 for fiscal year 1999; and
                    ``(E) $15,000,000 for fiscal year 2000.''.

SEC. 202. AMENDMENTS TO THE ANTITERRORISM AND EFFECTIVE DEATH PENALTY 
              ACT OF 1996.

    The Antiterrorism and Effective Death Penalty Act of 1996 (Public 
Law 104-132; 110 Stat. 1214) is amended--
            (1) in section 819(b) by striking ``for fiscal'' and all 
        that follows through ``section'', and inserting ``to carry out 
        this section $5,000,000 for fiscal year 1999 and $5,000,000 for 
        fiscal year 2000''; and
            (2) in section 821 by striking ``not more than $10,000,000 
        for fiscal year 1997'' and inserting ``$10,000,000 for fiscal 
        year 1999 and $10,000,000 for fiscal year 2000''.

SEC. 203. AUTHORITY TO TRANSFER PROPERTY OF MARGINAL VALUE.

    Section 524(c)(9)(B) of title 28, United States Code, is amended--
            (1) by striking ``year 1997'' and inserting ``years 1999 
        and 2000''; and
            (2) by adding at the end the following:
``Such transfer shall be subject to satisfaction by the recipient 
involved of any outstanding lien against the property transferred.''.

SEC. 204. COMMUNICATIONS ASSISTANCE.

    The Communications Assistance for Law Enforcement Act (47 U.S.C. 
1001-1021) is amended--
            (1) in section 108(c)(3) by striking ``on or before January 
        1, 1995'' and inserting ``before October 1, 2000'';
            (2) in section 109--
                    (A) in subsection (a)--
                            (i) in the heading by striking ``January 1, 
                        1995'' and inserting ``October 1, 2000''; and
                            (ii) by striking ``January 1, 1995'' and 
                        inserting ``October 1, 2000'';
                    (B) in subsection (b)--
                            (i) in the heading by striking ``January 1, 
                        1995'' and inserting ``October 1, 2000'';
                            (ii) in paragraph (1)--
                                    (I) in the matter preceding 
                                subparagraph (A) by striking ``January 
                                1, 1995'' and inserting ``October 1, 
                                2000''; and
                                    (II) in subparagraph (J) by 
                                striking ``January 1, 1995'' and 
                                inserting ``October 1, 2000''; and
                            (iii) in paragraph (2) by striking 
                        ``January 1, 1995'' and inserting ``October 1, 
                        2000''; and
                    (C) in subsection (d)--
                            (i) in the heading by striking ``January 1, 
                        1995'' and inserting ``October 1, 2000''; and
                            (ii) by striking ``January 1, 1995'' and 
                        inserting ``October 1, 2000'';
            (3) in section 110 by striking ``and 1998'' and inserting 
        ``1998, 1999, and 2000''; and
            (4) in section 111(b) by striking ``on the date that is 4 
        years after the date of enactment of this Act'' and inserting 
        ``October 1, 2000''.

SEC. 205. CRIMINAL ALIEN ASSISTANCE.

    Section 241(i)(5) of the Immigration and Nationality Act (8 U.S.C. 
1231(i)(5)) is amended by striking subparagraphs (A) through (F) and 
inserting the following:
                    ``(A) $750,000,000 for fiscal year 1999;
                    ``(B) $800,000,000 for fiscal year 2000; and
                    ``(C) $850,000,000 for fiscal year 2001.''.

                TITLE III--PERMANENT ENABLING PROVISIONS

SEC. 301. PERMANENT AUTHORITY.

    (a) Amendment.--Chapter 31 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 530B. Authority to use available funds
    ``(a) Permitted Uses.--Except to the extent provided otherwise by 
law applicable to funds available to carry out the activities of the 
Department of Justice (including any bureau, office, board, division, 
commission, or subdivision thereof) and in addition to authority 
provided in subsections (a) and (b) of section 524 of this title, the 
Attorney General may use such funds as follows:
            ``(1) General permitted uses.--Such funds may be used for 
        the following:
                    ``(A) The purchase, lease, maintenance, and 
                operation of passenger motor vehicles, or police-type 
                motor vehicles for law enforcement purposes, without 
                regard to general purchase price limitation for the 
                then current fiscal year.
                    ``(B) The purchase of insurance for motor vehicles, 
                boats, and aircraft operated in official Government 
                business in foreign countries.
                    ``(C) Services of experts and consultants, 
                including private counsel, as authorized by section 
                3109 of title 5, and at rates of pay for individuals 
                not to exceed the maximum daily rate payable from time 
                to time under section 5332 of title 5, United States 
                Code.
                    ``(D) Not to exceed $200,000 for each fiscal year 
                for official receptions and representation expenses, in 
                accordance with distributions, procedures, and 
                regulations established by the Attorney General.
                    ``(E) Unforeseen emergencies of a confidential 
                character, to be expended under the direction of the 
                Attorney General and accounted for solely on the 
                certificate of the Attorney General.
                    ``(F) Miscellaneous and emergency expenses 
                authorized or approved by the Attorney General, the 
                Deputy Attorney General, the Associate Attorney 
                General, or the Assistant Attorney General for 
                Administration.
                    ``(G) In accordance with procedures established and 
                regulations issued by the Attorney General--
                            ``(i) attendance at meetings and seminars;
                            ``(ii) conferences and training; and
                            ``(iii) advances of public moneys under 
                        section 3324 of title 31, United States Code.
                Travel advances of such funds to law enforcement 
                personnel engaged in undercover activity shall be 
                considered to be public money for purposes of section 
                3527 of title 31, United States Code.
                    ``(H) For the conduct of its activities, including 
                for contracting with individuals for personal services 
                abroad, except that such individuals shall not be 
                regarded as employees of the United States for the 
                purpose of any law administered by the Office of 
                Personnel Management.
                    ``(I) Payment of interpreters and translators who 
                are not citizens of the United States, in accordance 
                with procedures established and regulations issued by 
                the Attorney General.
            ``(2) Specific permitted uses.--
                    ``(A) Aircraft and boats.--Funds available for 
                United States Attorneys, for the Federal Bureau of 
                Investigation, for the United States Marshals Service, 
                for the Drug Enforcement Administration, and for the 
                Immigration and Naturalization Service may be used for 
                the purchase, lease, maintenance, and operation of 
                aircraft and boats, for law enforcement purposes.
                    ``(B) Payment of rewards; purchase of evidence.--
                Funds available for the Federal Bureau of 
                Investigation, for the Drug Enforcement Administration, 
                for the Immigration and Naturalization Service, and for 
                the Federal Prison System may be used for the payment 
                of rewards, for the purchase of evidence, and for 
                payment for information in connection with law 
                enforcement.
                    ``(C) Purchase of ammunition and firearms; firearms 
                competitions.--Funds available for United States 
                Attorneys, for the Federal Bureau of Investigation, for 
                the United States Marshals Service, for the Drug 
                Enforcement Administration, and for the Immigration and 
                Naturalization Service may be used for--
                            ``(i) the purchase of ammunition and 
                        firearms; and
                            ``(ii) participation in firearms 
                        competitions.
            ``(3) Uniforms.--Funds available for the Immigration and 
        Naturalization Service and for the Federal Prison System may be 
        used for expenses or allowances for uniforms as authorized by 
        section 5901 of title 5 but without regard to the general 
        purchase price limitation for the then current fiscal year.
            ``(4) Fees and expenses of witnesses.--Funds available for 
        Fees and Expenses of Witnesses may be used for expenses, 
        mileage, compensation, and per diem in lieu of subsistence, of 
        witnesses as authorized by law (including advances of public 
        money), but no witness may be paid more than one attendance fee 
        for any one calendar day.
            ``(5) Federal bureau of investigation.--(A) Funds available 
        to the Federal Bureau of Investigation may be used for the 
        conduct of its activities, including for--
                    ``(i) expenses necessary for the detection and 
                prosecution of crimes against the United States;
                    ``(ii) protection of the person of the Attorney 
                General;
                    ``(iii) investigations regarding official matters 
                under the control of the Department of Justice and the 
                Department of State, as may be directed by the Attorney 
                General;
                    ``(iv) the confidential lease of surveillance sites 
                for law enforcement purposes; and
                    ``(v) acquisition, collection, classification, and 
                preservation of identification and other records and 
                their exchange with, and for the official use of, the 
                duly authorized officials of the Federal Government, of 
                States, of cities, and of such other institutions, as 
                authorized by law, such exchange to be subject to 
                cancellation if dissemination is made outside the 
                receiving departments or related agencies.
            ``(B)(i) The Federal Bureau of Investigation may establish 
        and collect fees for the processing of noncriminal employment 
        and licensing fingerprint records. Such fees shall represent 
        the full cost of furnishing the service.
            ``(ii) Such fees collected shall be credited to the 
        Salaries and Expenses, Federal Bureau of Investigation 
        appropriation without regard to section 3302(b) of title 31 
        and, to the extent specified in appropriations Acts, shall be 
        available until expended for salaries and other expenses 
        incurred in processing such records.
            ``(iii) No fee shall be assessed in connection with the 
        processing of requests for criminal history records by criminal 
        justice agencies for criminal justice purposes or for 
        employment in criminal justice agencies.
            ``(6) Immigration and naturalization service.--Funds 
        available for the Immigration and Naturalization Service may be 
        used for the administration and enforcement of laws relating to 
        immigration, naturalization, and alien registration, including 
        for--
                    ``(A) acquisition of land as sites for enforcement 
                fences, and construction incidental to such fences;
                    ``(B) cash advances to aliens for meals and lodging 
                en route;
                    ``(C) refunds of maintenance bills, immigration 
                fines, and other items properly returnable, except 
                deposits of aliens who become public charges and 
                deposits to secure payment of fines and passage money; 
                and
                    ``(D) expenses and allowances incurred in tracking 
                lost persons, as required by public exigencies, in aid 
                of State or local law enforcement agencies.
            ``(7) Federal prison system.--Funds available for the 
        Federal Prison System may be used for the conduct of its 
        activities, including for--
                    ``(A) the administration, operation, and 
                maintenance of Federal penal and correctional 
                institutions, including inmate medical services and 
                inmate legal services, within the Federal prison 
                system;
                    ``(B) planning, acquisition of sites, and 
                construction of new facilities, including--
                            ``(i) the purchase and acquisition of 
                        facilities, and remodeling and equipping of 
                        such facilities, for penal and correctional 
                        institutions; and
                            ``(ii) the payment of United States 
                        prisoners for work performed in the activities 
                        described in this subparagraph,
                which shall remain available until expended;
                    ``(C) construction of buildings at prison camps and 
                acquisition of land as authorized by section 4010 of 
                title 18, United States Code;
                    ``(D) the labor of the United States prisoners 
                performed in the construction, remodeling, renovating, 
                converting, expanding, planning, designing, 
                maintaining, or equipping of prison buildings or 
                facilities; and
                    ``(E) the purchase and exchange of farm products 
                and livestock.
    ``(b) Related Provisions.--
            ``(1) Limitation of compensation of individuals employed as 
        attorneys.--None of the funds available to the Attorney General 
        may be used to pay compensation for services provided by an 
        individual employed as an attorney (other than an individual 
        employed to provide services as a foreign attorney in special 
        cases) unless such individual is duly licensed and authorized 
        to practice as an attorney under the law of a State, a 
        territory of the United States, or the District of Columbia.
            ``(2) Reimbursements paid to governmental entities.--Funds 
        available to the Attorney General that are paid as a 
        reimbursement to a governmental unit in the Department of 
        Justice, to another Federal entity, or to a unit of State or 
        local government may be used under the authority applicable to 
        such unit or such entity that receives such reimbursement.''.
    (b) Technical Amendment.--The table of sections for chapter 31 of 
title 28, United States Code, is amended by adding at the end the 
following:

``530B. Authority to use available funds.''.

SEC. 302. PERMANENT AUTHORITY RELATING TO ENFORCEMENT OF LAWS.

    (a) Amendment.--Chapter 31 of title 28, United States Code, as 
amended by section 301, is amended by adding at the end the following:
``Sec. 530C. Report on enforcement of laws
    ``(a) Report Required.--The Attorney General shall transmit a 
report to each House of the Congress in any case in which the Attorney 
General--
            ``(1) establishes a policy to refrain from enforcing any 
        provision of any Federal statute whose enforcement is the 
        responsibility of the Department of Justice, because of the 
        position of the Attorney General that such provision is not 
        constitutional; or
            ``(2) determines that the Department of Justice will 
        contest, or will refrain from defending, in any judicial, 
        administrative, or other proceeding, any provision of any 
        Federal statute, because of the position of the Attorney 
        General that such provision is not constitutional.
    ``(b) Deadline for Report.--Any report required by subsection (a) 
shall be transmitted not later than 30 days after the Attorney General 
establishes the policy specified in subsection (a)(1) or makes the 
determination specified in subsection (a)(2). Each such report shall--
            ``(1) specify the provision of the Federal statute 
        involved:
            ``(2) include a detailed statement of the reasons for the 
        position of the Attorney General; and
            ``(3) in the case of a determination specified in 
        subsection (a)(2), indicate the nature of the proceeding 
        involved.
    ``(c) Declaration.--In the case of a determination specified in 
subsection (a)(2), the representative of the Department of Justice 
participating in the proceeding shall make a declaration in such 
proceeding that the position of the Attorney General on the 
constitutionality of the provision of the Federal statute involved is 
the position of the executive branch of the Federal Government.''.
    ``(b) Technical Amendment.--The table of sections for chapter 31 of 
title 28, United States Code, as amended by section 301, is amended by 
adding at the end the following:

``530C. Report on enforcement of laws.''.

SEC. 303. PROTECTION OF THE ATTORNEY GENERAL.

    Section 533(2) of title 28, United States Code, is amended by 
inserting ``or the person of the Attorney General'' before the 
semicolon at the end.

                        TITLE IV--MISCELLANEOUS

SEC. 401. REPEALERS.

    (a) Open-Ended Authorization of Appropriations for National 
Institute of Corrections--Chapter 319 of title 18, United States Code, 
is amended--
            (1) by striking section 4353; and
            (2) in the table of sections for such chapter by striking 
        the item relating to section 4353.
    (b) Open-Ended Authorization of Appropriations for United States 
Marshals Service.--Section 561 of title 28, United States Code, is 
amended by striking subsection (i).

SEC. 402. TECHNICAL AMENDMENT.

    Section 542(c)(5) of title 28, United States Code, is amended by 
striking ``Fund'' the second place it appears and inserting ``Fund,''.

SEC. 403. APPLICABILITY OF TITLE III.

    The amendments made by title III shall not apply with respect to 
funds available for any fiscal year ending before fiscal year 1999.

SEC. 404. RULE OF CONSTRUCTION.

    Nothing in this Act or the amendments made by this Act shall be 
construed to modify or supersede the application or operation of the 
Public Buildings Act of 1959 (40 U.S.C. 601-619).

            Passed the House of Representatives June 22, 1998.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.