[House Report 105-526]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     105-526
_______________________________________________________________________


 
  DEPARTMENT OF JUSTICE APPROPRIATION AUTHORIZATION ACT, FISCAL YEARS 
                          1999, 2000, AND 2001

_______________________________________________________________________


  May 12, 1998.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Hyde, from the Committee on the Judiciary, submitted the following

                              R E P O R T

                        [To accompany H.R. 3303]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 3303) 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 of the United States Code with respect to the 
use of funds available to the Department of Justice; and for 
other purposes, having considered the same, reports favorably 
thereon with an amendment and recommends that the bill as 
amended do pass.


                           TABLE OF CONTENTS

                                                                   Page
The Amendment..............................................           2
Purpose and Summary........................................           9
Background and Need for the Legislation....................          10
Hearings...................................................          11
Committee Consideration....................................          11
Vote of the Committee......................................          11
Committee Oversight Findings...............................          12
Committee on Government Reform and Oversight Findings......          12
New Budget Authority and Tax Expenditures..................          12
Congressional Budget Office Cost Estimate..................          12
Constitutional Authority Statement.........................          14
Section-by-Section Analysis and Discussion.................          14
Changes in Existing Law Made by the Bill, as Reported......          20

    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Justice Appropriation 
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 sub-office in Nashville, Tennessee, 
                        for the counties of Anderson, Blount, Campbell, 
                        Cannon, Carter, Cheatam, Claiborne, Clay, 
                        Cocke, Cumberland, Davidson, Dekalb, Dickson, 
                        Fentress, Grainger, Greene, Hamblen, Hancock, 
                        Hawkins, Houston, Humphries, 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 costof 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.

    Section 110 of the Communications Assistance for Law Enforcement 
Act (47 U.S.C. 1009) is amended by striking ``and 1998'' and inserting 
``1998, 1999, and 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.
                    ``(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.
                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.
                    ``(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 1 attendance fee 
        for any 1 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;
                    ``(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 on 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 524(c)(5) of title 28, United States Code, is amended by 
striking ``Fund'' the 2nd 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.

                          Purpose and Summary

    H.R. 3303, the ``Department of Justice Appropriation 
Authorization Act, Fiscal Years 1999, 2000, and 2001,'' is a 
comprehensive three-year reauthorization of the Justice 
Department's activities and programs. The bill contains four 
titles. Title I authorizes appropriations to carry out the work 
of the various components of the Department for fiscal years 
1999, 2000, and 2001. Title I largely adheres to the 
Department's budget request for fiscal year 1999 by providing 
$15,499,000,000,\1\ and it would authorize a 5% increase for 
fiscal years 2000 and 2001.\2\ The proposed increases for 
fiscal years 2000 and 2001, though an approximation of the 
Department's actual budgetary requirements, are the result of 
consultations with the Department and an analysis of the 
historical trend. The Committee has a high degree of confidence 
that the H.R. 3303 appropriation authorizations for fiscal 
years 2000 and 2001 are accurate.
---------------------------------------------------------------------------
    \1\ The Department's total budget request for fiscal year 1999 
exceeds $20 billion. A portion of the Department's activities fall 
outside the jurisdiction of the Committee.
    \2\ $16,224,000,000 and $16,484,000,000 would be authorized for 
fiscal years 2000 and 2001 respectively.
---------------------------------------------------------------------------
    Section 151 of Title I would authorize the Attorney General 
to transfer 200 lawyers from among the six litigating divisions 
at Justice Department headquarters in Washington, D.C. to the 
U.S. Attorneys. The provision is intended to raise the 
productivity of Washington-based lawyers, who litigate criminal 
and civil cases for the Department across the nation, by moving 
them to the field.
    Title II reauthorizes for two additional years a number of 
successful programs whose authorizations will expire at the end 
of fiscal year 1998. These reauthorized programs will, for 
example, expedite the deportation of aliens who have been 
denied asylum, combat violence against women, and fund 
specialized training for and equipment to enhance the 
capability of metropolitan fire and emergency service 
departments to respond to terrorist attacks.
    Title III would permanently authorize numerous inherent and 
noncontroversial functions of the Department. Finally, Title IV 
would, among other things, repeal the permanent open-ended 
authorization of the United States Marshals Service, which is 
unique among Department components. Title III of the bill would 
grant the Marshals Service narrower permanent authority in line 
with the permanent authority to be granted other Department 
components.

                Background and Need For the Legislation

    Authorization is the process by which Congress creates, 
amends, and extends programs in response to national needs. 
Authorization is perhaps the most important oversight tool that 
a committee can employ. Through authorization, legislative 
committees establish program objectives and set ceilings on the 
amounts that may be appropriated for them. Once a federal 
program has been authorized, the Appropriations Committee 
recommends the actual budget authority, which allows federal 
agencies to enter into obligations and actually spend the money 
that is authorized.
    Until recent years, many authorizations were permanent, 
being provided for by the organic statutes that created the 
agencies and programs. The authorizing language in these 
statutes was often written in an opened-ended fashion, such as 
``there are hereby authorized to be appropriated hereafter such 
sums as may be necessary.'' These opened-ended authorizations 
required the appropriate budget authority to be enacted each 
year.
    Today, Congress typically authorizes appropriations for a 
limited period of time. Authorizations may extend for one, 
five, or 10 years, and they may be renewed periodically. With 
respect to the Department of Justice, the law requires that all 
money appropriated must first be authorized by an act of 
Congress.\3\ Notwithstanding this obligation to authorize, 
Congress has not reauthorized the Department's activities as a 
whole since 1979.\4\ Since that time, several attempts have 
failed either because of poor timing or because the 
reauthorization bills were loaded with controversial 
amendments. This 19-year failure to reauthorize the Department 
has forced the appropriations committees in both houses to 
reauthorize and appropriate money.
---------------------------------------------------------------------------
    \3\ Act Oct. 15, 1976, P. L. 94-503, Title II, Sec. 204, 90 Stat. 
2427, provided: ``No sums shall be deemed to be authorized to be 
appropriated for any fiscal year beginning on or after October 1, 1978, 
for the Department of Justice . . . except as specifically authorized 
by Act of Congress with respect to such fiscal year. . . .''
    \4\ The 1979 reauthorization was for fiscal year 1980.
---------------------------------------------------------------------------
    The de facto ceding of the authorization power to the 
appropriators has diminished the role that the House and Senate 
Judiciary Committees have traditionally played in overseeing 
the structure and funding of the Department's activities and 
programs. The inability of this Committee to regularly 
reauthorize the Department deprives the Congress of the 
institutional knowledge and collective wisdom that it has 
gained through regular oversight. H.R. 3303 is an attempt to 
reaffirm the authorizing authority and responsibility of the 
Judiciary Committee.

                                Hearings

    The Committee held a one day legislative hearing on H.R. 
3303 on March 11, 1998. Testifying at the hearing on behalf of 
the Justice Department were Deputy Attorney General Eric H. 
Holder and Assistant Attorney General for Administration 
Stephen Colgate. In addition to this hearing, the Committee has 
conducted substantial oversight of the Department's activities 
and programs since the beginning of the 105th Congress. H.R. 
3303 is the culmination of this extensive oversight.

                        Committee Consideration

    On April 29, 1998, the Committee met in open session and 
ordered reported favorably the bill H.R. 3303, as amended, by a 
voice vote, a quorum being present.

                         Vote of the Committee

    The Committee considered the following amendments, all of 
which passed, with one exception, by voice votes:
    Mr. Hyde offered an amendment to make a number of minor, 
technical and conforming changes to the bill. The amendment was 
adopted by a voice vote.
    Mr. Conyers offered an amendment to Title I that would make 
discretionary the requirement that the Attorney General 
transfer 200 attorneys from Department of Justice headquarters 
in Washington, D.C. to the U.S. Attorneys. The amendment was 
adopted by a voice vote.
    Mr. McCollum offered an amendment to Title III to strike 
language that created an ambiguity as to the role of the 
Federal Bureau of Investigation in guarding the person of the 
President of the United States. The amendment was adopted by a 
voice vote.
    Mr. Berman and Mr. Gallegly offered an amendment to Title 
II that would authorize increased funding to compensate states 
that have undocumented criminal aliens incarcerated in their 
prison systems. The amendment would also extend authorization 
for such funding through fiscal year 2001. The amendment was 
adopted by a voice vote.
    Mr. Bryant offered an amendment to Title I that would 
authorize the establishment of three Immigration and 
Naturalization Service district offices and one sub-office. The 
amendment was adopted by a voice vote.
    Ms. Lofgren offered an amendment to Title I that sought to 
establish a field office in San Jose, California for the 
Federal Bureau of Investigation. The amendment was defeated by 
a voice vote.
    Final Passage. A motion to report H.R. 3303 favorably, as 
amended, passed by a voice vote.

                      Committee Oversight Findings

    In compliance with clause 2(l)(3)(A) of rule XI of the 
Rules of the House of Representatives, the Committee reports 
that the findings and recommendations of the Committee, based 
in oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

              Committee on Government Reform and Oversight

    No findings or recommendations of the Committee on 
Government Reform and Oversight were received as referred to in 
clause 2(l)(3)(D) of rule XI of the Rules of the House of 
Representatives.

               New Budget Authority and Tax Expenditures

    Clause 2(l)(3)(B) of House Rule XI is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 2(l)(3)(C) of rule XI of the 
Rules of the House of Representatives, the Committee sets 
forth, with respect to the bill H.R. 3303, the following 
estimate and comparison prepared by the Director of the 
Congressional Budget Office under section 403 of the 
Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                       Washington, DC, May 7, 1998.
Hon. Henry J. Hyde,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3303, the 
Department of Justice Appropriation Authorization Act, Fiscal 
Years 1999, 2000, and 2001.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Mark 
Grabowicz (for federal costs), who can be reached at 226-2860, 
and Leo Lex (for the state and local impact), who can be 
reached at 225-3220.
            Sincerely,

                                           June E. O'Neill, Director.  
    Enclosure.

    cc: Hon. John Conyers, Jr.,
         Ranking Minority Member.
H.R. 3303--Department of Justice Appropriation Authorization Act, 
        Fiscal Years 1999, 2000, and 2001
            Summary
    H.R. 3303 would authorize appropriations for fiscal years 
1999 through 2001 for many programs and agencies in the 
Department of Justice (DOJ), including the Federal Bureau of 
Investigation, the Immigration and Naturalization Service, the 
United States Attorneys, and the Bureau of Prisons. In 
addition, the bill would make relatively minor changes to the 
laws that govern the operation of DOJ agencies. Assuming 
appropriation of the authorized amounts, CBO estimates that 
enacting H.R. 3303 would result in additional discretionary 
spending of about $48 billion over the 1999-2003 period. This 
legislation would not affect direct spending or receipts, so 
pay-as-you-go procedures would not apply.
    H.R. 3303 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act of 1995 
(UMRA). The bill would increase the authorization of 
appropriations for a number of DOJ programs, including border 
control programs operated by the Immigration and Naturalization 
Service. State, local, and tribal governments may benefit from 
grant assistance provided through these programs.
            Estimated Cost to the Federal Government
    The estimated budgetary impact of H.R. 3303 is shown in the 
following table. For the purposes of this estimate, CBO assumes 
that the amounts authorized by the bill will be appropriated by 
the start of each fiscal year and that outlays generally will 
follow the historical spending rates for the authorized 
activities. We expect some programs to spend additional funds 
more slowly than the historical rates because the bill would 
provide substantial increases in authorizations, relative to 
1998. The costs of this legislation fall within budget function 
750 (administration of justice).
    Current law authorizes the appropriation of $500 million, 
in total, for the fiscal years 1995 through 1998 for payments 
to telecommunications carriers for assisting law enforcement 
agencies. About $100 million of this amount has been 
appropriated, and H.R. 3303 would extend the authorization of 
appropriations through fiscal year 2000. Of the remaining $400 
million, CBO assumes that about $200 million would be 
appropriated in each of the fiscal years 1999 and 2000.

                                                                                                                
                                    [By Fiscal Year, In Millions Of Dollars]                                    
----------------------------------------------------------------------------------------------------------------
                                                              1998     1999     2000     2001     2002     2003 
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION                                       
Spending Under Current Law                                                                                      
  Budget Authority \1\....................................   12,583        0        0        0        0        0
  Estimated Outlays.......................................   11,477    2,915      669      154       18        0
Proposed Changes                                                                                                
  Estimated Authorization Level...........................        0   15,499   16,224   16,484        0        0
  Estimated Outlays.......................................        0   11,047   14,754   16,455    4,551    1,242
Spending Under H.R. 3303                                                                                        
  Estimated Authorization Level \1\.......................   12,583   15,499   16,224   16,484        0        0
  Estimated Outlays.......................................   11,477   13,962   15,423   16,609    4,569    1,242
----------------------------------------------------------------------------------------------------------------
\1\ The 1998 level is the amount appropriated for that year for the programs authorized by the bill. The 1998   
  appropriation for the entire Department of Justice is about $18.4 billion.                                    

            Pay-As-You-Go Considerations:
    None.
            Estimated Impact on State, Local, and Tribal Governments
    H.R. 3303 contains no intergovernmental mandates as defined 
in UMRA. The bill would increase the authorization of 
appropriations for a number of DOJ programs, including border 
control programs operated by the Immigration and Naturalization 
Service. State, local, and tribal governments may benefit from 
grant assistance provided through these programs.
            Estimated Impact on the Private Sector
    H.R. 3303 contains no new private-sector mandates as 
defined in UMRA.
            Estimate Prepared By:
    Federal Costs: Mark Grabowicz (226-2860); Impact on State, 
Local, and Tribal Governments: Leo Lex (225-3220).
            Estimate Approved By:
    Robert A. Sunshine, Deputy Assistant Director for Budget 
Analysis.

                   Constitutional Authority Statement

    Pursuant to Rule XI, clause 2(l)(4) of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in Article I, section 8 of the Constitution.

                      Section-By-Section Analysis

Sec. 1. Short title and table of contents
Section 1 contains the Short Title of the bill.

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

                    Subtitle A--Specific Provisions

Sec. 101. Sums authorized to be appropriated
    Section 101 authorizes appropriations to carry out the work 
of the various components of the Department of Justice for 
fiscal years 1999, 2000, and 2001. The structure of Title I is 
similar to the annual Commerce-Justice-State (CJS) 
appropriations acts in the way the Department's accounts are 
organized. This organization was deliberate and reflects 
Congress's working familiarity with CJS. The accounts, and the 
activities and components that each would fund, are as follows:
    General Administration--for the leadership offices of the 
Department, such as the offices of the Attorney General and 
Deputy Attorney General. Additionally, for the Justice 
Management Division, Executing Support program, and the Office 
of Professional Responsibility;
    Administrative Review and Appeals--for the Executive Office 
for Immigration Review and the Office of the Pardon Attorney. 
Additionally, for the administration of pardon and clemency 
petitions and immigration related activities;
    Office of Inspector General--for the investigation of 
allegations of violations of criminal and civil statutes, 
regulations, and ethical standards by Department employees;
    General Legal Activities--for the conduct of the legal 
activities of the Department. This includes the Office of 
Solicitor General, Tax Division, Criminal Division, Civil 
Division, Environment and Natural Resources Division, Civil 
Rights Division, Office of Legal Counsel, and Legal Activities 
Office Automation;
    Antitrust Division--for decreasing anti competitive 
behavior among U.S. businesses and increasing the 
competitiveness of the national and international business 
environment;
    United States Attorneys--for the 94 offices of the U.S. 
Attorneys and the Executive Office of U.S. Attorneys. The U.S. 
Attorneys represent the United States in the vast majority of 
criminal and civil cases handled by the Department;
    Federal Bureau of Investigation--for the detection, 
investigation, and prosecution of crimes against the United 
States. The FBI also plays a primary role in the protection of 
the United States from foreign intelligence activities;
    United States Marshals Service--to protect the federal 
courts and its personnel and to ensure the effective operation 
of the federal judicial system;
    Drug Enforcement Administration--to enforce the controlled 
substances laws and regulations of the United States and to 
recommend and support non enforcement programs aimed at 
reducing the availability of illicit controlled substances on 
the domestic and international markets;
    Immigration and Naturalization Service--for the 
administration and enforcement of the laws relating to 
immigration, naturalization, and alien registration;
    Fees and expenses of witnesses--for fees and expenses 
associated with providing witness testimony on behalf of the 
United States, expert witnesses, and private counsel for 
government employees who have been sued, charged, or subpoenaed 
for actions taken while performing their official duties;
    Interagency Crime and Drug Enforcement--for the detection, 
investigation, and prosecution of individuals involved in 
organized crime drug trafficking;
    Federal Prison System--for the administration, operation, 
and maintenance of federal penal and correctional institutions;
    Foreign Claims Settlement Commission--to adjudicate claims 
of U.S. nationals against foreign governments under 
jurisdiction conferred by the International Claims Settlement 
Act of 1949, as amended, and other authorizing legislation;
    Community Relations Service (CRS)--to assist communities to 
prevent violence and resolve conflicts arising from racial and 
ethnic tensions and to develop the capacity of such communities 
to address these conflicts without external assistance. CRS 
activities are conducted in accordance with Title X of the 
Civil Rights Act of 1964;
    Assets Forfeiture Fund--to provide a stable source of 
resources to cover the costs of the asset seizure and 
forfeiture program, including the costs of seizing, evaluating, 
inventorying, maintaining, protecting, advertizing, forfeiting, 
and disposing of property;
    Support of U.S. prisoners in non federal institutions--for 
the support of U.S. prisoners incarcerated in non federal 
institutions;
    United States Parole Commission--for the activities of the 
U.S. Parole Commission. The Commission has parole jurisdiction 
over all eligible federal prisoners, wherever confined, and 
continuing jurisdiction over those who are released on parole 
or as if on parole.
    H.R. 3303 would reauthorize the Department for three years. 
The Committee believes that a three-year reauthorization cycle 
is more realistic for the Congress to adhere to. Additionally, 
a three-year authorization can accurately project the needs of 
the Department in the out years, where a longer authorization, 
for example five years, cannot. Section 101 largely adheres to 
the Department's budget request for fiscal year 1999, and would 
authorize a 5% increase for both fiscal years 2000 and 2001. 
The proposed increases for fiscal years 2000 and 2001, though 
an approximation of the Department's actual budgetary 
requirements, are the result of consultations with the 
Department and an analysis of the historical trend. The 
Committee has a high degree of confidence that the H.R. 3303 
appropriation authorizations for fiscal years 2000 and 2001 are 
accurate.
Sec. 102. Federal Prison Industries
    The Committee recommends a limitation on administrative 
expenses for the Federal Prison Industries, Inc. The 
recommended limitations are $3,042,000 for fiscal year 1999, 
$3,429,000 for fiscal year 2000, and $3,601,000 for fiscal year 
2001.

                     Subtitle B--General Provisions

Sec. 151. Appointment of Additional Assistant United States Attorneys
    This section would authorize the Attorney General to 
transfer 200 lawyers from among the six litigating divisions at 
Justice Department's headquarters (Main Justice) in Washington, 
D.C. to the U.S. Attorneys. The provision is intended to raise 
the productivity of Washington-based lawyers who litigate 
criminal and civil cases for the Department across the nation 
by moving them to the field. The rationale behind this 
provision is that an attorney for the government is most 
effective when he or she lives in the federal judicial district 
where his or her cases are pending. Section 151 was amended at 
markup to make the transfer authorization discretionary rather 
than mandatory, but the Committee intends that the Attorney 
General carefully consider whether the Department's litigation 
needs can be better served by transferring attorneys from 
Washington, D.C. to the U.S. Attorneys. The Committee is 
concerned that, with respect to litigation, Main Justice is 
less efficient compared with the 94 U.S. Attorneys' offices.

        TITLE II--AUTHORIZATIONS OF APPROPRIATIONS FOR PROGRAMS

    Title II reauthorizes for two additional years a number of 
successful programs whose authorization will expire at the end 
of fiscal year 1998. These reauthorized programs will, for 
example, expedite the deportation of aliens who have been 
denied asylum, combat violence against women, and fund 
additional training for law enforcement officers.
Sec. 201. Amendment to the Crime Control and Law Enforcement Act of 
        1994
    This section reauthorizes the following programs for two 
additional years:
    Expeditious deportation for denied asylum applicants--to 
provide for the expeditious adjudication of asylum claims and 
for the deportation of those applicants whose asylum 
applications have been denied;
    Amendments to the Violence Against Women Act of 1994--to 
provide to the U.S. Attorneys Victim/Witness Counselors for the 
prosecution of sex crimes and domestic violence crimes where 
applicable (such as the District of Columbia);
    Improving Border Controls--to increase the resources of the 
Border Patrol, the Inspections Program, and the Deportation 
Branch components of the Immigration and Naturalization Service 
to apprehend illegal aliens;
    Expanded Special Deportation Proceedings--to provide 
resources authorized under the Immigration and Nationality Act 
to ensure that the Attorney General begins deportation 
proceedings as soon as possible against criminal aliens who 
have been released from incarceration. Also, to provide 
resources for the construction of centers for the detention and 
removal of criminal aliens;
    Training Programs--to provide training and technical 
assistance to probation and parole officers to enhance their 
management of sex offenders who have been released to the 
community;
    Missing Alzheimer's Disease Patient Alert Program--to 
provide grants to an eligible organization to assist the 
organization in paying the costs of planning, designing, 
establishing, and operating a Missing Alzheimer's Disease 
Patient Alert Program, which will protect and locate missing 
patients with Alzheimer's disease and related dementia;
    Motor Vehicle Theft Prevention Program--to reduce the 
incidence of vehicle theft through the establishment and 
operation of a national vehicle theft prevention program 
administered by the Attorney General;
    Rural Domestic Violence and Child Abuse Enforcement 
Assistance Act--to provide resources that implement, expand, 
and establish cooperative efforts and projects among law 
enforcement officers, prosecutors, victim advocates and service 
providers, and other related parties to investigation and 
prosecution of domestic violence. Also, to provide treatment 
and counseling to victims of these crimes and to develop 
domestic violence education and prevention strategies;
Sec. 202. Amendments to the Antiterrorism and Effective Death Penalty 
        Act of 1996
    This section would continue the authority of the Attorney 
General to, in consultation with the Director of the Federal 
Emergency Management Agency, make grants to provide specialized 
training and equipment to enhance the capability of 
metropolitan fire and emergency service departments to respond 
to terrorist attacks. Additionally, to authorize continued 
funding of the National Institute of Justice Office of Science 
and Technology to develop counter terrorism technologies;
Sec. 203. Authority to transfer property of marginal value
    This section would continue the authority of the Attorney 
General to transfer real or personal property of limited or 
marginal value to a state or local governments agency, or its 
designated contractor or transferee, for use to support drug 
abuse treatment, drug and crime prevention and education, 
housing, job skills, and other community-based public health 
and safety programs. This section would also provide that any 
transfers of property shall be subject to satisfaction by the 
recipient involved of any outstanding lien against the property 
transferred.
Sec. 204. Communications Assistance
    This section amends the Communications Assistance for Law 
Enforcement Act (CALEA), to authorize the appropriation of a 
total of $500,000,000 for fiscal years 1999, 2000, and 2001, to 
implement the requirements of the Act. CALEA authorizes the 
Attorney General to pay telecommunication carriers for the 
costs directly associated with modifying their existing 
equipment, services, and facilities to allow law enforcement to 
conduct court-authorized wiretaps. Delay in the implementation 
of CALEA necessitates the extension of the authorization of 
appropriations for three additional years.
Sec. 205 Criminal Alien Assistance
    This section would authorize increased funding for the 
State Criminal Alien Assistance Program (SCAAP) to compensate 
states that have undocumented criminal aliens incarcerated in 
their prison systems. This section would also extend 
authorization for SCAAP funding through fiscal year 2001. The 
Committee believes that the federal government should assume 
the full financial responsibility for the incarceration of 
criminal aliens by state and local governments. These costs 
have proven to be substantial, especially for states and 
localities severely impacted by illegal immigration.

               TITLE III--PERMANENT ENABLING LEGISLATION

Sec. 301. Permanent Authority
    This section would grant permanent authorization for 
certain inherent and noncontroversial functions of the 
Department. The Department has requested permanent authorizing 
authority in the past, and proposed authority has appeared in 
several reauthorization bills since the last reauthorization in 
1979. Section 301 largely mirrors the language of these earlier 
bills, except to the extent that it has been updated to meet 
the changing needs of federal law enforcement in the 1990's. 
The Committee believes that the Department should have, for 
example, permanent authority to purchase aircraft, police-type 
motor vehicles, as well as firearms, ammunition and uniforms 
for its employees. This permanent authority would be subject to 
available appropriations.
Sec. 302. Permanent Authority relating to enforcement of laws
    This section would require the Attorney General to report 
to Congress when the Attorney General establishes a policy to 
refrain from enforcing any provision of any federal statute 
because the Attorney General determines that the provision is 
not constitutional. This section would also require the 
Attorney General to report to Congress when a determination is 
made to contest, or refrain from defending, in any judicial, 
administrative or other proceeding, any provision of any 
federal statute because the Attorney General determines that 
such provision is not constitutional. This section requires the 
Attorney General to notify the Congress no later than 30 days 
after the reporting requirement is triggered. The notification 
requirement will allow Congress to take appropriate action in 
response to a Department's policy or litigation position in a 
timely fashion.
Sec. 303 Protection of the President
    This section would amend 28 U.S.C. Sec. 533(2) to permit 
the Attorney General to appoint officials to protect the person 
of the Attorney General in addition to the President of the 
United States.

                        TITLE IV--MISCELLANEOUS

Sec. 401. Repealers
    This section would repeal the permanent open-ended 
authorizations of the National Institute of Corrections and the 
United States Marshals Service, which are unique among 
Department components. Blanket authorizations in perpetuity 
immunize these components from the scrutiny of the Committee. 
Title III grants the Marshals Service narrower permanent 
authority in line with the permanent authority to be granted 
other Department components.
Sec. 402. Technical amendment
    This section makes a technical correction to 28 U.S.C. 
Sec. 524(c)(5).
Sec. 403. Applicability of Title III
    This section makes it clear that the amendment made by 
Title III of the bill shall not apply with respect to funds 
available for any fiscal year ending before fiscal year 1999.

H.L.C.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3 of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994

           *       *       *       *       *       *       *


                    TITLE IV--VIOLENCE AGAINST WOMEN

SEC. 40001. SHORT TITLE.

    This title may be cited as the ``Violence Against Women Act 
of 1994''.

Subtitle A--Safe Streets for Women

           *       *       *       *       *       *       *


              CHAPTER 1--FEDERAL PENALTIES FOR SEX CRIMES

SEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM'S COUNSELORS.

    There are authorized to be appropriated for the United 
States Attorneys for the purpose of appointing Victim/Witness 
Counselors for the prosecution of sex crimes and domestic 
violence crimes where applicable (such as the District of 
Columbia)--
            (1) $500,000 for fiscal year 1996;
            (2) $500,000 for fiscal year 1997; [and]
            (3) $500,000 for fiscal year 1998[.];
            (4) $500,000 for fiscal year 1999; and
            (5) $500,000 for fiscal year 2000.

           *       *       *       *       *       *       *


CHAPTER 5--ASSISTANCE TO VICTIMS OF SEXUAL ASSAULT

           *       *       *       *       *       *       *


SEC. 40152. TRAINING PROGRAMS.

    (a) * * *

           *       *       *       *       *       *       *

    (c) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section--
            [(1) $1,000,000 for fiscal year 1996; and
            [(2) $1,000,000 for fiscal year 1997.]
            (1) $1,000,000 for fiscal year 1999; and
            (2) $1,000,000 for fiscal year 2000.

           *       *       *       *       *       *       *


Subtitle B--Safe Homes for Women

           *       *       *       *       *       *       *


    CHAPTER 10--RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT

SEC. 40295. RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT 
                    ASSISTANCE.

    (a) * * *

           *       *       *       *       *       *       *

    (c) Authorization of Appropriations.--
            (1) In general.--There are authorized to be 
        appropriated to carry out this section--
                    (A) $7,000,000 for fiscal year 1996;
                    (B) $8,000,000 for fiscal year 1997; [and]
                    (C) $15,000,000 for fiscal year 1998[.];
                    (D) $15,000,000 for fiscal year 1999; and
                    (E) $15,000,000 for fiscal year 2000.

           *       *       *       *       *       *       *


TITLE XIII--CRIMINAL ALIENS AND IMMIGRATION ENFORCEMENT

           *       *       *       *       *       *       *


SEC. 130005. EXPEDITIOUS REMOVAL FOR DENIED ASYLUM APPLICANTS.

    (a) * * *

           *       *       *       *       *       *       *

    (c) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section--
            (1) $64,000,000 for fiscal year 1995;
            (2) $90,000,000 for fiscal year 1996;
            (3) $93,000,000 for fiscal year 1997; [and]
            (4) $91,000,000 for fiscal year 1998[.];
            (5) $90,000,000 for fiscal year 1999; and
            (6) $90,000,000 for fiscal year 2000.

SEC. 130006. IMPROVING BORDER CONTROLS.

    (a) Authorization of Appropriations.--There are authorized 
to be appropriated for the Immigration and Naturalization 
Service to increase the resources for the Border Patrol, the 
Inspections Program, and the Deportation Branch to apprehend 
illegal aliens who attempt clandestine entry into the United 
States or entry into the United States with fraudulent 
documents or who remain in the country after their nonimmigrant 
visas expire--
            (1) $228,000,000 for fiscal year 1995;
            (2) $185,000,000 for fiscal year 1996;
            (3) $204,000,000 for fiscal year 1997; [and]
            (4) $58,000,000 for fiscal year 1998[.];
            (5) $200,000,000 for fiscal year 1999; and
            (6) $200,000,000 for fiscal year 2000.
      Of the sums authorized in this section, all necessary 
funds shall, subject to the availability of appropriations, be 
allocated to increase the number of agent positions (and 
necessary support personnel positions) in the Border Patrol by 
not less than 1,000 full-time equivalent positions in each of 
fiscal years 1995, 1996, 1997, and 1998 beyond the number 
funded as of October 1, 1994.

           *       *       *       *       *       *       *


SEC. 130007. EXPANDED SPECIAL DEPORTATION PROCEEDINGS.

    (a) * * *

           *       *       *       *       *       *       *

    (d) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section--
            (1) $55,000,000 for fiscal year 1995;
            (2) $54,000,000 for fiscal year 1996;
            (3) $49,000,000 for fiscal year 1997; [and]
            (4) $2,000,000 for fiscal year 1998[.];
            (5) $2,000,000 for fiscal year 1999; and
            (6) $2,000,000 for fiscal year 2000.

           *       *       *       *       *       *       *


TITLE XXII--MOTOR VEHICLE THEFT PREVENTION

           *       *       *       *       *       *       *


SEC. 220002. MOTOR VEHICLE THEFT PREVENTION PROGRAM.

    (a) * * *

           *       *       *       *       *       *       *

    (h) Authorization of Appropriations.--There are authorized 
to carry out this section.
            (1) $1,500,000 for fiscal year 1996;
            (2) $1,700,000 for fiscal year 1997; [and]
            (3) $1,800,000 for fiscal year 1998[.];
            (4) $750,000 for fiscal year 1999; and
            (5) $750,000 for fiscal year 2000.

           *       *       *       *       *       *       *


                TITLE XXIV--PROTECTIONS FOR THE ELDERLY

SEC. 240001. MISSING ALZHEIMER'S DISEASE PATIENT ALERT PROGRAM.

    (a) * * *

           *       *       *       *       *       *       *

    (d) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section--
            (1) $900,000 for fiscal year 1996;
            (2) $900,000 for fiscal year 1997; [and]
            (3) $900,000 for fiscal year 1998[.];
            (4) $900,000 for fiscal year 1999; and
            (5) $900,000 for fiscal year 2000.

           *       *       *       *       *       *       *

                              ----------                              


ANTITERRORISM AND EFFECTIVE DEATH PENALTY ACT OF 1996

           *       *       *       *       *       *       *


TITLE VIII--ASSISTANCE TO LAW ENFORCEMENT

           *       *       *       *       *       *       *


Subtitle B--Funding Authorizations for Law Enforcement

           *       *       *       *       *       *       *


SEC. 819. LOCAL FIREFIGHTER AND EMERGENCY SERVICES TRAINING.

    (a) * * *
    (b) Authorization of Appropriations.--There are authorized 
to be appropriated [for fiscal year 1997, $5,000,000 to carry 
out this section] to carry out this section $5,000,000 for 
fiscal year 1999 and $5,000,000 for fiscal year 2000.

           *       *       *       *       *       *       *


SEC. 821. RESEARCH AND DEVELOPMENT TO SUPPORT COUNTERTERRORISM 
                    TECHNOLOGIES.

    There are authorized to be appropriated to the National 
Institute of Justice Office of Science and Technology [not more 
than $10,000,000 for fiscal year 1997] $10,000,000 for fiscal 
year 1999 and $10,000,000 for fiscal year 2000, to--
            (1) * * *

           *       *       *       *       *       *       *

                              ----------                              


TITLE 28, UNITED STATES CODE

           *       *       *       *       *       *       *


PART II--DEPARTMENT OF JUSTICE

           *       *       *       *       *       *       *


                    CHAPTER 31--THE ATTORNEY GENERAL

Sec.
501.    Executive department.
     * * * * * * *
530B.    Authority to use available funds.
530C.    Report on enforcement of laws.
     * * * * * * *

Sec. 524. Availability of appropriations

    (a) * * *

           *       *       *       *       *       *       *

    (c)(1) * * *

           *       *       *       *       *       *       *

    (5) Amounts in the Fund, and in any holding accounts 
associated with the [Fund] Fund, which are not currently needed 
for the purpose of this section. shall be kept on deposit or 
invested in obligations of, or guaranteed by, the United States 
and all earnings on such investments shall be deposited in the 
Fund.

           *       *       *       *       *       *       *

    (9)(A) Following the completion of procedures for the 
forfeiture of property pursuant to any law enforced or 
administered by the Department, the Attorney General is 
authorized, in her discretion, to warrant clear title to any 
subsequent purchaser or transferee of such property.
    (B) For fiscal [year 1997] years 1999 and 2000, the 
Attorney General is authorized to transfer, under such terms 
and conditions as the Attorney General shall specify, real or 
personal property of limited or marginal value, to a State or 
local government agency, or its designated contractor or 
transferee, for use to support drug abuse treatment, drug and 
crime prevention and education, housing, job skills, and other 
community-based public health and safety programs. Such 
transfer shall not create or confer any private right of action 
in any person against the United States. Such transfer shall be 
subject to satisfaction by the recipient involved of any 
outstanding lien against the property transferred.

           *       *       *       *       *       *       *


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.
                    (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.
                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.
                    (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 1 attendance fee for any 
        1 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;
                    (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 on 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.

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.

           *       *       *       *       *       *       *


CHAPTER 33--FEDERAL BUREAU OF INVESTIGATION

           *       *       *       *       *       *       *


Sec. 533. Investigative and other officials; appointment

    The Attorney General may appoint officials--
            (1) * * *
            (2) to assist in the protection of the person of 
        the President or the person of the Attorney General; 
        and

           *       *       *       *       *       *       *


               CHAPTER 37--UNITED STATES MARSHALS SERVICE

Sec. 561. United States Marshals Service

    (a) * * *

           *       *       *       *       *       *       *

    [(i) There are authorized to be appropriated such sums as 
may be necessary to carry out the functions of the Service.]

           *       *       *       *       *       *       *

                              ----------                              


  SECTION 110 OF THE COMMUNICATIONS ASSISTANCE FOR LAW ENFORCEMENT ACT

SEC. 110. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this 
title a total of $500,000,000 for fiscal years 1995, 1996, 
1997, [and 1998] 1998, 1999, and 2000. Such sums are authorized 
to remain available until expended.
                              ----------                              


IMMIGRATION AND NATIONALITY ACT

           *       *       *       *       *       *       *


TITLE II--IMMIGRATION

           *       *       *       *       *       *       *


   Chapter 4--Inspection, Apprehension, Examination, Exclusion, and 
Removal

           *       *       *       *       *       *       *


            detention and removal of aliens ordered removed

    Sec. 241. (a) * * *

           *       *       *       *       *       *       *

    (i) Incarceration.--
            (1) * * *

           *       *       *       *       *       *       *

            (5) There are authorized to be appropriated such 
        sums as may be necessary to carry out this subsection, 
        of which the following amounts may be appropriated from 
        the Violent Crime Reduction Trust Fund:
                    [(A) $130,000,000 for fiscal year 1995;
                    [(B) $300,000,000 for fiscal year 1996;
                    [(C) $330,000,000 for fiscal year 1997;
                    [(D) $350,000,000 for fiscal year 1998;
                    [(E) $350,000,000 for fiscal year 1999; and
                    [(F) $340,000,000 for fiscal year 2000.]
                    (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.

           *       *       *       *       *       *       *

                              ----------                              


              CHAPTER 319 OF TITLE 18, UNITED STATES CODE

             CHAPTER 319--NATIONAL INSTITUTE OF CORRECTIONS

Sec.
4351.  Establishment; Advisory Board; appointment of members; 
          compensation; officers; committees; delegation of powers; 
          Director, appointment and powers.
     * * * * * * *
[4353.  Authorization of appropriations.]

           *       *       *       *       *       *       *

    [Sec. 4353. There is hereby authorized to be appropriated 
such funds as may be required to carry out the purposes of this 
chapter.]

           *       *       *       *       *       *       *


                                 
