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ministration, and for the Immigration and Nat-
uralization Service may be used for the purchase,
lease, maintenance, and operation of aircraft
and boats, for law enforcement purposes.
‘‘(B) PURCHASE OF AMMUNITION AND FIRE-
ARMS; FIREARMS COMPETITIONS.—Funds avail-
able for United States Attorneys, for the Federal
Bureau of Investigation, for the United States
Marshals Service, for the Drug Enforcement Ad-
ministration, for the Federal Prison System, for
the Office of the Inspector General, 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) SUBSISTENCE AND MEDICAL EXPENSES OF
PERSONS IN THE CUSTODY OF THE UNITED STATES
MARSHALS SERVICE.—
‘‘(A) IN GENERAL.—Funds available for the
United States Marshals Service may be used to
acquire subsistence and medical care for persons
in the custody of the United States Marshals
Service at fair and reasonable prices.
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‘‘(B) COSTS.—Without specific authoriza-
tion from the Attorney General, the expenses in-
curred in the provision of medical care under
this paragraph shall not exceed the costs and ex-
penses charged in the provision of similar health
care services paid pursuant to the medicare pro-
gram under title XVIII of the Social Security
Act and the medicaid program under title XIX
of such Act.
‘‘(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 (including
advances of public money) as authorized by section
1821 or any other provision of law, but no witness
may be paid more than 1 attendance fee for any 1
calendar day.
‘‘(5) IMMIGRATION AND NATURALIZATION SERV-
ICE.—Funds available for the Immigration and Natu-
ralization Service may be used for the administration
and enforcement of laws relating to immigration, nat-
uralization, and alien registration, including for—
‘‘(A) acquisition of land as sites for enforce-
ment fences, and construction incidental to such
fences;
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‘‘(B) cash advances to aliens for meals and
lodging en route;
‘‘(C) refunds of maintenance bills, immigra-
tion 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 ex-
igencies, in aid of State or local law enforcement
agencies.
‘‘(6) 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 fa-
cilities, and remodeling and equipping of
such facilities, for penal and correctional
institutions; and
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‘‘(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) construction, remodeling, renovating,
converting, 
expanding, 
planning, 
designing,
maintaining, or equipping of prison buildings or
facilities, by contract or force account, and the
labor of United States prisoners may be used in
any such work; 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
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
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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) IN GENERAL.—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—
‘‘(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
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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-
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-
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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 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 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).
SEC. 402. TECHNICAL AMENDMENT.
Section 542(c)(5) of title 28, United States Code, is
amended by striking ‘‘Fund’’ the second place it appears
and inserting ‘‘Fund,’’.
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SEC. 403. APPLICABILITY OF TITLE III.
The amendments made by title III shall not apply
with respect to funds available for any fiscal year ending
before fiscal year 1999.
SEC. 404. RULE OF CONSTRUCTION.
Nothing in this Act or the amendments made by this
Act shall be construed to modify or supersede the applica-
tion or operation of the Public Buildings Act of 1959 (40
U.S.C. 601 et seq.).
SEC. 405. COUNTERTERRORISM FUND AMENDMENTS.
(a) IN GENERAL.—The undesignated paragraph under
the heading ‘‘GENERAL ADMINISTRATION’’ under the sub-
heading ‘‘COUNTERTERRORISM FUND’’ of chapter I of title
III of Public Law 104–19 (28 U.S.C. 524 note) is amended
to read as follows:
‘‘There is hereby established the Counterterrorism
Fund, amounts appropriated to which shall remain avail-
able without fiscal year limitation—
‘‘(1) to reimburse any component of the Depart-
ment of Justice for costs incurred in connection
with—
‘‘(A) reestablishing the operational capabil-
ity of an office or facility that has been damaged
or destroyed as the result of any domestic or
international terrorism event;
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‘‘(B) engaging in, or providing support to,
countering, investigating, or prosecuting domes-
tic or international terrorism, including, without
limitation, paying rewards in connection with
these activities; and
‘‘(C) conducting a terrorism threat assess-
ment of Federal agencies and their facilities;
except that, in any fiscal year, sums in the Fund
shall not be available for such reimbursement except
pursuant to the reprogramming procedures applicable
to general Department of Justice appropriations for
that year; and
‘‘(2) to reimburse departments and agencies of
the Federal Government for any costs incurred in
connection with—
‘‘(A) counterterrorism technology research
and development; and
‘‘(B) providing training and related equip-
ment to State and local law enforcement agencies
for prevention and response capabilities against
bombs and against chemical, biological, nuclear,
and cyber attack.’’.
(b) APPLICABILITY.—The amendment made by sub-
section (a) shall not be construed to affect the amount or
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availability of any appropriation to the Counterterrorism
Fund made before the date of enactment of this Act.
SEC. 406. USE OF GOVERNMENT VEHICLES.
(a) IN GENERAL.—Section 4(a) of the Portal-to-Portal
Act of 1947 (29 U.S.C. 254(a)) is amended, in the second
sentence—
(1) by striking ‘‘the use of the employer’s vehicle
is subject’’ and inserting ‘‘the use (including, without
limitation, driving) of the employer’s vehicle is either
subject’’; and
(2) by inserting ‘‘, or, notwithstanding sub-
section (b), required or permitted by the employer
pursuant to section 1344 of title 31, United States
Code’’ before the period at the end.
(b) APPLICABILITY.—The amendment made by sub-
section (a) shall take effect on the date of enactment of this
Act and shall apply to any civil action filed before such
date but pending on such date, and to any civil action filed
after such date.