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quest of the Secretary of Commerce, by any other
agency that has authority to manage and dispose of
seized property.’’
(b) Section 524(c)(11)(B) of title 28, United States
Code, is amended by adding at the end thereof ‘‘or pursuant
to the authority of the Secretary of Commerce’’.
SEC. 212. Notwithstanding any other provision of law,
the Economic Development Administration is directed to
transfer funds obligated and awarded to the Butte-Silver
Bow Consolidated Local Government as Project Number
05–01–02822 to the Butte Local Development Corporation
Revolving Loan Fund to be administered by the Butte Local
Development Corporation, such funds to remain available
until expended, and, in accordance with section 1557 of title
31, United States Code, funds obligated and awarded in
fiscal year 1994 under the heading ‘‘Economic Development
Administration-Economic Development Assistance Pro-
grams’’ for Metropolitan Dade County, Florida, and subse-
quently transferred to Miami-Dade Community College for
Project No. 04–49–04021 shall be exempt from subchapter
IV of chapter 15 of such title and shall remain available
for expenditure without fiscal year limitation.
This title may be cited as the ‘‘Department of Com-
merce and Related Agencies Appropriations Act, 1998’’.
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TITLE III—THE JUDICIARY
SUPREME COURT OF THE UNITED STATES
SALARIES AND EXPENSES
For expenses necessary for the operation of the Su-
preme Court, as required by law, excluding care of the
building and grounds, including purchase or hire, driving,
maintenance, and operation of an automobile for the Chief
Justice, not to exceed $10,000 for the purpose of transport-
ing Associate Justices, and hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343 and 1344; not to exceed
$10,000 for official reception and representation expenses;
and for miscellaneous expenses, to be expended as the Chief
Justice may approve; $29,245,000.
CARE OF THE BUILDING AND GROUNDS
For such expenditures as may be necessary to enable
the Architect of the Capitol to carry out the duties imposed
upon him by the Act approved May 7, 1934 (40 U.S.C.
13a–13b), $3,400,000, of which $485,000 shall remain
available until expended.
UNITED STATES COURT OF APPEALS FOR THE FEDERAL
CIRCUIT
SALARIES AND EXPENSES
For salaries of the chief judge, judges, and other officers
and employees, and for necessary expenses of the court, as
authorized by law, $15,575,000.
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UNITED STATES COURT OF INTERNATIONAL TRADE
SALARIES AND EXPENSES
For salaries of the chief judge and eight judges, salaries
of the officers and employees of the court, services as author-
ized by 5 U.S.C. 3109, and necessary expenses of the court,
as authorized by law, $11,449,000.
COURTS OF APPEALS, DISTRICT COURTS, AND OTHER
JUDICIAL SERVICES
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For the salaries of circuit and district judges (includ-
ing judges of the territorial courts of the United States),
justices and judges retired from office or from regular active
service, judges of the United States Court of Federal Claims,
bankruptcy judges, magistrate judges, and all other officers
and employees of the Federal Judiciary not otherwise spe-
cifically provided for, and necessary expenses of the courts,
as authorized by law, $2,682,400,000 (including the pur-
chase of firearms and ammunition); of which not to exceed
$13,454,000 shall remain available until expended for space
alteration projects; and of which not to exceed $10,000,000
shall remain available until expended for furniture and fur-
nishings related to new space alteration and construction
projects.
In addition, for expenses of the United States Court
of Federal Claims associated with processing cases under
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the National Childhood Vaccine Injury Act of 1986, not to
exceed $2,450,000, to be appropriated from the Vaccine In-
jury Compensation Trust Fund.
VIOLENT CRIME REDUCTION PROGRAMS
For activities of the Federal Judiciary as authorized
by law, $40,000,000, to remain available until expended,
which shall be derived from the Violent Crime Reduction
Trust Fund, as authorized by section 190001(a) of Public
Law 103–322, and sections 818 and 823 of Public Law
104–132.
DEFENDER SERVICES
For the operation of Federal Public Defender and
Community Defender organizations; the compensation and
reimbursement of expenses of attorneys appointed to rep-
resent persons under the Criminal Justice Act of 1964, as
amended; the compensation and reimbursement of expenses
of persons furnishing investigative, expert and other services
under the Criminal Justice Act (18 U.S.C. 3006A(e)); the
compensation (in accordance with Criminal Justice Act
maximums) and reimbursement of expenses of attorneys ap-
pointed to assist the court in criminal cases where the de-
fendant has waived representation by counsel; the com-
pensation and reimbursement of travel expenses of guard-
ians ad litem acting on behalf of financially eligible minor
or incompetent offenders in connection with transfers from
the United States to foreign countries with which the Unit-
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ed States has a treaty for the execution of penal sentences;
and the compensation of attorneys appointed to represent
jurors in civil actions for the protection of their employ-
ment, as authorized by 28 U.S.C. 1875(d); $329,529,000,
to remain available until expended as authorized by 18
U.S.C. 3006A(i).
FEES OF JURORS AND COMMISSIONERS
For fees and expenses of jurors as authorized by 28
U.S.C. 1871 and 1876; compensation of jury commissioners
as authorized by 28 U.S.C. 1863; and compensation of com-
missioners appointed in condemnation cases pursuant to
rule 71A(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71A(h)); $64,438,000, to remain
available until expended: Provided, That the compensation
of land commissioners shall not exceed the daily equivalent
of the highest rate payable under section 5332 of title 5,
United States Code.
COURT SECURITY
For necessary expenses, not otherwise provided for, in-
cident to the procurement, installation, and maintenance
of security equipment and protective services for the United
States Courts in courtrooms and adjacent areas, including
building ingress-egress control, inspection of packages, di-
rected security patrols, and other similar activities as au-
thorized by section 1010 of the Judicial Improvement and
Access to Justice Act (Public Law 100–702); $167,214,000,
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of which not to exceed $10,000,000 shall remain available
until expended for security systems, to be expended directly
or transferred to the United States Marshals Service which
shall be responsible for administering elements of the Judi-
cial Security Program consistent with standards or guide-
lines agreed to by the Director of the Administrative Office
of the United States Courts and the Attorney General.
ADMINISTRATIVE OFFICE OF THE UNITED STATES
COURTS
SALARIES AND EXPENSES
For necessary expenses of the Administrative Office of
the United States Courts as authorized by law, including
travel as authorized by 31 U.S.C. 1345, hire of a passenger
motor vehicle as authorized by 31 U.S.C. 1343(b), advertis-
ing and rent in the District of Columbia and elsewhere,
$52,000,000, of which not to exceed $7,500 is authorized
for official reception and representation expenses.
FEDERAL JUDICIAL CENTER
SALARIES AND EXPENSES
For necessary expenses of the Federal Judicial Center,
as authorized by Public Law 90–219, $17,495,000; of which
$1,800,000 shall remain available through September 30,
1999, to provide education and training to Federal court
personnel; and of which not to exceed $1,000 is authorized
for official reception and representation expenses.
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be increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this section shall
be treated as a reprogramming of funds under section 605
of this Act and shall not be available for obligation or ex-
penditure except in compliance with the procedures set forth
in that section.
SEC. 303. Notwithstanding any other provision of law,
the salaries and expenses appropriation for district courts,
courts of appeals, and other judicial services shall be avail-
able for official reception and representation expenses of the
Judicial Conference of the United States: Provided, That
such available funds shall not exceed $10,000 and shall be
administered by the Director of the Administrative Office
of the United States Courts in his capacity as Secretary
of the Judicial Conference.
SEC. 304. Section 612 of title 28, United States Code,
shall be amended by striking out subsection (l).
SEC. 305. (a) COMMISSION ON STRUCTURAL ALTER-
NATIVES FOR THE FEDERAL COURTS OF APPEALS.—
(1) ESTABLISHMENT AND FUNCTIONS OF COM-
MISSION.—
(A) ESTABLISHMENT.—There is established
a Commission on Structural Alternatives for the
Federal Courts of Appeals (hereinafter referred to
as the ‘‘Commission’’).
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(B) FUNCTIONS.—The functions of the Com-
mission shall be to—
(i) study the present division of the
United States into the several judicial cir-
cuits;
(ii) study the structure and alignment
of the Federal Court of Appeals system,
with particular reference to the Ninth Cir-
cuit; and
(iii) report to the President and the
Congress its recommendations for such
changes in circuit boundaries or structure
as may be appropriate for the expeditious
and effective disposition of the caseload of
the Federal Courts of Appeals, consistent
with fundamental concepts of fairness and
due process.
(2) MEMBERSHIP.—
(A) COMPOSITION.—The Commission shall
be composed of 5 members who shall be ap-
pointed by the Chief Justice of the United States.
(B) APPOINTMENT.—The members of the
Commission shall be appointed within 30 days
after the date of enactment of this Act.
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(C) VACANCY.—Any vacancy in the Com-
mission shall be filled in the same manner as the
original appointment.
(D) CHAIR.—The Commission shall elect a
Chair and Vice Chair from among its members.
(E) QUORUM.—Three members of the Com-
mission shall constitute a quorum, but two may
conduct hearings.
(3) COMPENSATION.—
(A) IN GENERAL.—Members of the Commis-
sion who are officers, or full-time employees, of
the United States shall receive no additional
compensation for their services, but shall be re-
imbursed for travel, subsistence, and other nec-
essary expenses incurred in the performance of
duties vested in the Commission, but not in ex-
cess of the maximum amounts authorized under
section 456 of title 28, United States Code.
(B) PRIVATE
MEMBERS.—Members of the
Commission from private life shall receive $200
for each day (including travel time) during
which the member is engaged in the actual per-
formance of duties, but not in excess of the maxi-
mum amounts authorized under section 456 of
title 28, United States Code.
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(4) PERSONNEL.—
(A) EXECUTIVE DIRECTOR.—The Commis-
sion may appoint an Executive Director who
shall receive compensation at a rate not exceed-
ing the rate prescribed for level V of the Execu-
tive Schedule under section 5316 of title 5, Unit-
ed States Code.
(B) STAFF.—The Executive Director, with
the approval of the Commission, may appoint
and fix the compensation of such additional per-
sonnel as the Executive Director determines nec-
essary, without regard to the provisions of title
5, United States Code, governing appointments
in the competitive service or the provisions of
chapter 51 and subchapter III of chapter 53 of
such title relating to classification and General
Schedule pay rates. Compensation under this
paragraph shall not exceed the annual maximum
rate of basic pay for a position above GS–15 of
the General Schedule under section 5108 of title
5, United States Code.
(C) EXPERTS AND CONSULTANTS.—The Ex-
ecutive Director may procure personal services of
experts and consultants as authorized by section
3109 of title 5, United States Code, at rates not
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to exceed the highest level payable under the Gen-
eral Schedule pay rates under section 5332 of
title 5, United States Code.
(D) SERVICES.—The Administrative Office
of the United States Courts shall provide admin-
istrative services, including financial and budg-
eting services, to the Commission on a reimburs-
able basis. The Federal Judicial Center shall
provide necessary research services to the Com-
mission on a reimbursable basis.
(5) INFORMATION.—The Commission is author-
ized to request from any department, agency, or inde-
pendent instrumentality of the Government any infor-
mation and assistance the Commission determines
necessary to carry out its functions under this section.
Each such department, agency, and independent in-
strumentality is authorized to provide such informa-
tion and assistance to the extent permitted by law
when requested by the Chair of the Commission.
(6) REPORT.—The Commission shall conduct the
studies required in this section during the 10-month
period beginning on the date on which a quorum of
the Commission has been appointed. Not later than 2
months following the completion of such 10-month pe-
riod, the Commission shall submit its report to the
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President and the Congress. The Commission shall
terminate 90 days after the date of the submission of
its report.
(b) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Commission such sums,
not to exceed $900,000, as may be necessary to carry out
the purposes of this section. Such sums as are appropriated
shall remain available until expended.
SEC. 306. Pursuant to section 140 of Public Law 97–
92, justices and judges of the United States are authorized
during fiscal year 1998, to receive a salary adjustment in
accordance with 28 U.S.C. 461: Provided, That $5,000,000
is available for salary adjustments pursuant to this section
and such funds shall be transferred to and merged with ap-
propriations in Title III of this Act.
SEC. 307. Section 44(c) of title 28, United States Code,
is amended by adding at the end thereof the following sen-
tence: ‘‘In each circuit (other than the Federal judicial cir-
cuit) there shall be at least one circuit judge in regular ac-
tive service appointed from the residents of each state in
that circuit.’’.
SEC. 308. Section 3006A(d) of title 18, United States
Code, is amended by striking paragraph (4) and inserting
the following:
‘‘(4) DISCLOSURE OF FEES.—
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‘‘(A) IN
GENERAL.—Subject to subpara-
graphs (B) through (E), the amounts paid under
this subsection for services in any case shall be
made available to the public by the court upon
the court’s approval of the payment.
‘‘(B) PRE-TRIAL OR TRIAL IN PROGRESS.—
If a trial is in pre-trial status or still in
progress and after considering the defendant’s
interests as set forth in subparagraph (D), the
court shall—
‘‘(i) redact any detailed information
on the payment voucher provided by defense
counsel to justify the expenses to the court;
and
‘‘(ii) make public only the amounts ap-
proved for payment to defense counsel by di-
viding those amounts into the following cat-
egories:
‘‘(I) Arraignment and or plea.
‘‘(II) Bail and detention hearings.
‘‘(III) Motions.
‘‘(IV) Hearings.
‘‘(V) Interviews and conferences.
‘‘(VI) Obtaining and reviewing
records.
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‘‘(VII) Legal research and brief
writing.
‘‘(VIII) Travel time.
‘‘(IX) Investigative work.
‘‘(X) Experts.
‘‘(XI) Trial and appeals.
‘‘(XII) Other.
‘‘(C) TRIAL COMPLETED.—
‘‘(i) IN
GENERAL.—If a request for
payment is not submitted until after the
completion of the trial and subject to con-
sideration of the defendant’s interests as set
forth in subparagraph (D), the court shall
make available to the public an unredacted
copy of the expense voucher.
‘‘(ii) PROTECTION OF THE RIGHTS OF
THE DEFENDANT.—lf the court determines
that defendant’s interests as set forth in sub-
paragraph (D) require a limited disclosure,
the court shall disclose amounts as provided
in subparagraph (B).
‘‘(D) CONSIDERATIONS.—The interests re-
ferred to in subparagraphs (B) and (C) are—
‘‘(i) to protect any person’s 5th amend-
ment right against self-incrimination;
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‘‘(ii) to protect the defendant’s 6th
amendment rights to effective assistance of
counsel;
‘‘(iii) the defendant’s attorney-client
privilege;
‘‘(iv) the work product privilege of the
defendant’s counsel;
‘‘(v) the safety of any person; and
‘‘(vi) any other interest that justice
may require.
‘‘(E) NOTICE.—The court shall provide rea-
sonable notice of disclosure to the counsel of the
defendant prior to the approval of the payments
in order to allow the counsel to request redaction
based on the considerations set forth in subpara-
graph (D). Upon completion of the trial, the
court shall release unredacted copies of the
vouchers provided by defense counsel to justify
the expenses to the court. If there is an appeal,
the court shall not release unredacted copies of
the vouchers provided by defense counsel to jus-
tify the expenses to the court until such time as
the appeals process is completed, unless the court
determines that none of the defendant’s interests
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set forth in subparagraph (D) will be com-
promised.
‘‘(F) EFFECTIVE
DATE.—The amendment
made by paragraph (4) shall become effective 60
days after enactment of this Act, will apply only
to cases filed on or after the effective date, and
shall be in effect for no longer than twenty-four
months after the effective date.’’.
This title may be cited as ‘‘The Judiciary Appropria-
tions Act, 1998’’.
TITLE IV—DEPARTMENT OF STATE AND
RELATED AGENCIES
DEPARTMENT OF STATE
ADMINISTRATION OF FOREIGN AFFAIRS
DIPLOMATIC AND CONSULAR PROGRAMS
For necessary expenses of the Department of State and
the Foreign Service not otherwise provided for, including
expenses authorized by the State Department Basic Au-
thorities Act of 1956, as amended; representation to certain
international organizations in which the United States
participates pursuant to treaties, ratified pursuant to the
advice and consent of the Senate, or specific Acts of Con-
gress; acquisition by exchange or purchase of passenger
motor vehicles as authorized by 31 U.S.C. 1343, 40 U.S.C.
481(c), and 22 U.S.C. 2674; and for expenses of general
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administration; $1,705,600,000: Provided, That of the
amount made available under this heading, not to exceed
$4,000,000 may be transferred to, and merged with, funds
in the ‘‘Emergencies in the Diplomatic and Consular Serv-
ice’’ appropriations account, to be available only for emer-
gency evacuations and terrorism rewards: Provided further,
That notwithstanding section 140(a)(5), and the second sen-
tence of section 140(a)(3), of the Foreign Relations Author-
ization Act, Fiscal Years 1994 and 1995 (Public Law 103–
236), fees may be collected during fiscal years 1998 and
1999 under the authority of section 140(a)(1) of that Act:
Provided further, That all fees collected under the preceding
proviso shall be deposited in fiscal years 1998 and 1999
as an offsetting collection to appropriations made under
this heading to recover the costs as set forth under section
140(a)(2) of that Act and shall remain available until ex-
pended.
In addition to funds otherwise available, of the funds
provided under this heading, $24,856,000 shall be available
only for the Diplomatic Telecommunications Service for op-
eration of existing base services and $17,312,000 shall be
available only for the enhancement of the Diplomatic Tele-
communications Service and shall remain available until
expended.
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In addition, not to exceed $700,000 in registration fees
collected pursuant to section 38 of the Arms Export Control
Act, as amended, may be used in accordance with section
45 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2717); in addition not to exceed $1,252,000 shall
be derived from fees collected from other executive agencies
for lease or use of facilities located at the International Cen-
ter in accordance with section 4 of the International Center
Act (Public Law 90–553), as amended, and in addition,
as authorized by section 5 of such Act $490,000, to be de-
rived from the reserve authorized by that section, to be used
for the purposes set out in that section; and in addition
not to exceed $15,000 which shall be derived from reim-
bursements, surcharges, and fees for use of Blair House fa-
cilities in accordance with section 46 of the State Depart-
ment Basic Authorities Act of 1956 (22 U.S.C. 2718(a)).
Notwithstanding section 402 of this Act, not to exceed
20 percent of the amounts made available in this Act in
the appropriation accounts ‘‘Diplomatic and Consular Pro-
grams’’ and ‘‘Salaries and Expenses’’ under the heading
‘‘Administration of Foreign Affairs’’ may be transferred be-
tween such appropriation accounts: Provided, That any
transfer pursuant to this sentence shall be treated as a re-
programming of funds under section 605 of this Act and
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shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
In addition, for counterterrorism requirements over-
seas, 
including 
security 
guards 
and 
equipment,
$23,700,000, to remain available until expended.
SALARIES AND EXPENSES
For expenses necessary for the general administration
of the Department of State and the Foreign Service, pro-
vided for by law, including expenses authorized by section
9 of the Act of August 31, 1964, as amended (31 U.S.C.
3721), and the State Department Basic Authorities Act of
1956, as amended, $363,513,000.
CAPITAL INVESTMENT FUND
For necessary expenses of the Capital Investment
Fund, $86,000,000, to remain available until expended, as
authorized in Public Law 103–236: Provided, That section
135(e) of Public Law 103–236 shall not apply to funds
available under this heading.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector Gen-
eral in carrying out the provisions of the Inspector General
Act of 1978, as amended (5 U.S.C. App.), $27,495,000, not-
withstanding section 209(a)(1) of the Foreign Service Act
of 1980, as amended (Public Law 96–465), as it relates to
post inspections.