I
105TH CONGRESS
2D SESSION
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.
IN THE HOUSE OF REPRESENTATIVES
MARCH 3, 1998
Mr. HYDE (for himself and Mr. CONYERS) introduced the following bill; which
was referred to the Committee on the Judiciary
A BILL
To authorize appropriations for the Department of Justice
for fiscal years 1999, 2000, and 2001; to authorize ap-
propriations 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 Depart-
ment of Justice; and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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 
FIS-
CAL 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, of-
fice, 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 pe-
titions and for immigration related activities.
(3) For the Office of Inspector General:
$34,610,000 for fiscal year 1999, $368,341,000 for
fiscal year 2000, and $40,364,000 for fiscal year
2001, which shall include—
(A) not to exceed $10,000 to meet unfore-
seen 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, mainte-
nance, 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 fis-
cal 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 con-
fidential character to be expended under the di-
rection of the Attorney General and to be ac-
counted for solely on the certificate of the At-
torney General.
fidential character to be expended under the di-
rection of the Attorney General and to be ac-
counted for solely on the certificate of the At-
torney 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 fis-
cal year—
(i) for construction or acquisition of
buildings (including equipment for such
buildings) and sites, by purchase or as oth-
erwise authorized by law;
(ii) for conversion or extension of fed-
erally owned buildings; and
(iii) for preliminary planning and de-
sign 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 Transpiration 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 in-
clude—
(A) not to exceed $8,000,000 for each fis-
cal year—
(i) for construction or acquisition of
buildings (including equipment for such
buildings) and sites, by purchase or as oth-
erwise authorized by law;
(ii) for conversion or extension of fed-
erally owned buildings; and
(iii) for preliminary planning and de-
sign of projects;
to remain available until expended;
(B) not to exceed $70,000 for each fiscal
year to meet unforeseen emergencies of a con-
fidential character to be expended under the di-
rection of the Attorney General and to be ac-
counted for solely on the certificate of the At-
torney General or the Deputy Attorney General;
and
(C) not to exced $15,000,000 for each fis-
cal year for diversion control.
(10) For the Immigration and Naturalization
Service: $2,723,490,000 for fiscal year 1999,
$2,835,756,000 
for 
fiscal 
year 
2000, 
and
$2,977,544,000 for fiscal year 2001, which shall in-
clude—
(A) not to exceed $118,170,000 for each
fiscal year—
(i) for construction or acquisition of
buildings (including equipment for such
buildings) and sites, by purchase or as oth-
erwise authorized by law;
(ii) for conversion or extension of fed-
erally owned buildings; and
(iii) for preliminary planning and de-
sign of projects;
to remain available until expended; and
(B) not to exceed $50,000 for each fiscal
year to meet unforeseen emergencies of a con-
fidential character to be expended under the di-
rection of the Attorney General and to be ac-
counted for solely on the certificate of the At-
torney General.
During fiscal year 1999, 2000, and 2001, none of
the funds available to the Immigration and Natu-
ralization Service may be used to complete adjudica-
tion of an application for naturalization unless the
Immigration and Naturalization Service has received
confirmation from the Federal Bureau of Investiga-
tion that a full criminal background check has been
completed, except for those exempted by regulation
as of January 1, 1997.
(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, renova-
tion, maintenance, remodeling, and repair of build-
ings, and the purchase of equipment incidental
thereto, for protected witness safesites.
(12) For Interagency Crime and Drug Enforce-
ment: 
$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 obli-
gated from appropriations authorized by this para-
graph 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 Com-
mission: 
$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 fis-
cal 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 ex-
penses as authorized by section 524 of title 28,
United States Code.
(17) For the Support of United States Pris-
oners 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 pro-
viders for the care, diagnosis, and treatment of
United States prisoners and individuals adjudicated
in Federal courts as not guilty by reason of insanity,
but only at rates that do not exceed the actual cost
of such care, diagnosis, and treatment. Not to ex-
ceed $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 ren-
ovating, constructing, and equipping any facility that
confines Federal detainees, in accordance with regu-
lations to be issued by the Attorney General com-
parable 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 fis-
cal 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 $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 Pris-
on Industries. Such funds shall be exclusive of deprecia-
tion, payment of claims, and expenditures that such ac-
counting 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, main-
tenance, improvement, protection, or disposition of facili-
ties 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 Sep-
tember 30, 2000, the Attorney General shall exercise au-
thority under section 542 of title 28, United States Code,
to appoint 200 assistant United States attorneys in addi-
tion 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 liti-
gation positions in divisions of the Department of Justice
and whose official duty station is at the seat of Govern-
ment.
(c) TERMINATION OF POSITIONS.—Each of the 200
litigation positions that become vacant by reason of an ap-
pointment 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, 2000 to carry out this sec-
tion.
TITLE II—AUTHORIZATIONS OF
APPROPRIATIONS FOR PRO-
GRAMS
SEC. 201. AMENDMENTS TO THE CRIME CONTROL AND LAW
ENFORCEMENT ACT OF 1994.
(a) EXPEDITIOUS DEPORTATION FOR DENIED ASY-
LUM APPLICANTS.—Section 130005(c) of the Crime Con-
trol 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
PATROLS.—Section
130006(a) of the 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) $200,000,000 for fiscal year 1999; and
‘‘(6) $200,000,000 for fiscal year 2000.’’.
(d) EXPANDED SPECIAL DEPORTATION PROCEED-
INGS.—Section 130007(d) 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) $2,000,000 for fiscal year 1999; and
‘‘(6) $2,000,000 for fiscal year 2000.’’.
(e) TRAINING PROGRAMS.—Section 40152 of the Vio-
lent Crime Control and Law Enforcement Act of 1994 (8
U.S.C. 1158 note) 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 Con-
trol 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) $900,000 for fiscal year 1999; and
‘‘(6) $900,000 for fiscal year 2000.’’.
(g) MOTOR VEHICLE THEFT PREVENTION PRO-
GRAM.—Section 220002 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) $750,000 for fiscal year 1999; and
‘‘(6) $750,000 for fiscal year 2000.’’.
(h) RURAL DOMESTIC VIOLENCE AND CHILD ABUSE
ENFORCEMENT ASSISTANCE ACT.—Section 40295(c) of
the Violent Crime Control and Law Enforcement Act of
1994 (8 U.S.C. 1158 note) 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) $15,000,000 for fiscal year 1999; and
‘‘(5) $15,000,000 for fiscal year 2000.’’.
SEC. 203. AMENDMENTS TO THE ANTITERRORISM AND EF-
FECTIVE DEATH PENALTY ACT OF 1996.
The Antiterrorism and Effective Death Penalty Act
of 1996 (Public Law 104–132; 110 Stat. 1214) is amend-
ed—
(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. 204. AUTHORITY TO TRANSFER PROPERTY OF MAR-
GINAL VALUE.
Section 924(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 recip-
ient involved of any outstanding lien against the property
transferred.’’.
SEC. 205. 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’’.
TITLE III—PERMANENT
ENABLING LEGISLATION
SEC. 301. PERMANENT AUTHORITY.
(a) AMENDMENT.—Chapter 31 of title 28, United
States Code, is amended by adding at the end the follow-
ing:
‘‘§ 530B. Authority to use available funds
‘‘(a) PERMITTED USES.—Except to the extent pro-
vided otherwise by law applicable to funds available to
carry out the activities of the Department of Justice (in-
cluding any bureau, office, board, division, commission, or
subdivision thereof) and in addition to authority provided
in subsections (a) and (b) of section 524 if 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 sec-
tion 3109 of title 5, and at rates of pay for in-
dividuals 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 fis-
cal year for official receptions and representa-
tion expenses, in accordance with distributions,
procedures, and regulations established by the
Attorney General.
‘‘(E) Unforeseen emergencies of a con-
fidential character, to be expended under the di-
rection of the Attorney General and accounted
for solely on the certificate of the Attorney Gen-
eral.
‘‘(F) Miscellaneous and emergency ex-
penses authorized or approved by the Attorney
General, the Deputy Attorney General, the As-
sociate Attorney General, or the Attorney Gen-
eral for Administration.
‘‘(G) In accordance with procedures estab-
lished and regulations issued by the Attorney
General—
‘‘(i) attendance at meetings and semi-
nars;
‘‘(ii) conferences and training;
‘‘(iii) advances of public moneys under
section 3324 of title 31.
Travel advances of such funds to law enforce-
ment personnel engaged in undercover activity
shall be considered to be public money for pur-
poses of section 3527 of title 31.
‘‘(H) For the conduct of its activities, in-
cluding for contracting with individuals for per-
sonal services abroad, except that such individ-
uals shall not be regarded as employees of the
United States for the purpose of any law ad-
ministered by the Office of Personnel Manage-
ment.
‘‘(I) Payment of interpreters and trans-
lators 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 avail-
able for United States Attorneys, for the Fed-
eral Bureau of Investigation, for the United
States Marshals Service, for the Drug Enforce-
ment 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 pur-
poses.
‘‘(B) PAYMENT OF REWARDS; PURCHASE
OF EVIDENCE.—Funds available for the Federal
Bureau of Investigation, for the Drug Enforce-
ment 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 Enforce-
ment Administration, and for the Immigration
and Naturalization Service may be used for—
‘‘(i) the purchase of ammunition and
firearms; and
‘‘(ii) participation in firearms com-
petitions.
‘‘(3) UNIFORMS.—Funds available for the Im-
migration 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 at-
tendance fee for any 1 calendar day.
‘‘(5) FEDERAL BUREAU OF INVESTIGATION.—
(A) Funds available to the Federal Bureau of Inves-
tigation 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 Presi-
dent and the person of the Attorney General;
‘‘(iii) investigations regarding official mat-
ters 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 of-
ficial 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 de-
partments 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 Investiga-
tion appropriation without regard to section 3302(b)
of title 31 and, to the extent specified in appropria-
tions Acts, shall be available until expended for sala-
ries 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 jus-
tice 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 adminis-
tration and enforcement of laws relating to immigra-
tion, naturalization, and alien registration, including
for—
‘‘(A) acquisition of land as sites for en-
forcement fences, and construction incidental to
such fences;
‘‘(B) cash advances to aliens for meals and
lodging en route;
‘‘(C) refunds of maintenance bills, immi-
gration fines, and other items properly return-
able, except deposits of aliens who become pub-
lic 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 ex-
igencies, in aid of State or local law enforce-
ment agencies.
‘‘(7) FEDERAL PRISON SYSTEM.—Funds avail-
able 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 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, remodel-
ing, renovating, converting, expanding, plan-
ning, 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 INDI-
VIDUALS EMPLOYED AS ATTORNEYS.—None of the
funds available to the Attorney General may be used
to pay compensation for services provided by an in-
dividual employed as an attorney (other than an in-
dividual employed to provide services as a foreign at-
torney 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
GOVERN-
MENTAL ENTITIES.—Funds available to the Attor-
ney 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 appli-
cable 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.
(a) AMENDMENT.—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
‘‘(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 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
provision of any Federal statute, because of the posi-
tion 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-
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 pro-
vision 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 fol-
lowing:
‘‘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. REPEALER.
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.
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