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‘‘(B) planning, acquisition of sites, and
construction of new facilities, including—
‘‘(i) the purchase and acquisition of fa-
cilities, 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 activi-
ties 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 pris-
oners performed in the construction, remodeling,
renovating, converting, expanding, planning, de-
signing, maintaining, or equipping of prison
buildings or facilities; and
‘‘(E) the purchase and exchange of farm
products and livestock.
‘‘(b) RELATED PROVISIONS.—
‘‘(1) LIMITATION OF COMPENSATION OF INDIVID-
UALS EMPLOYED AS ATTORNEYS.—None of the funds
available to the Attorney General may be used to pay
compensation for services provided by an individual
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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 ENFORCE-
MENT OF LAWS.
(a) AMENDMENT.—Chapter 31 of title 28, United
States Code, as amended by section 301, is amended by add-
ing at the end the following:
‘‘§ 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—
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‘‘(1) establishes a policy to refrain from enforc-
ing any provision of any Federal statute whose en-
forcement is the responsibility of the Department of
Justice, because of the position of the Attorney Gen-
eral 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 pro-
vision 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 proceed-
ing involved.
‘‘(c) DECLARATION.—In the case of a determination
specified in subsection (a)(2), the representative of the De-
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partment 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 provi-
sion 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 follow-
ing:
‘‘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 Gen-
eral’’ before the semicolon at the end.
TITLE IV—MISCELLANEOUS
SEC. 401. REPEALERS.
(a) OPEN-ENDED AUTHORIZATION
OF APPROPRIA-
TIONS FOR NATIONAL INSTITUTE OF CORRECTIONS—Chap-
ter 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 APPROPRIA-
TIONS FOR UNITED STATES MARSHALS SERVICE.—Section
561 of title 28, United States Code, is amended by striking
subsection (i).
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SEC. 402. TECHNICAL AMENDMENT.
Section 542(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.