H. R. 2267—46
undertake such other activities as the Board determines to be
necessary to carry out its duties.
(2) The Board may authorize any member of the Board or
of its staff to take any action which the Board is authorized to
take by this subsection.
(3)(A) Each co-chairman of the Board and any members of
the staff who may be designated by the Board under this paragraph
shall be granted access to any data, files, information, or other
matters maintained by the Bureau of the Census (or received by
it in the course of conducting a decennial census of population)
which they may request, subject to such regulations as the Board
may prescribe in consultation with the Secretary of Commerce.
(B) The Board or the co-chairmen acting jointly may secure
directly from any other Federal agency, including the White House,
all information that the Board considers necessary to enable the
Board to carry out its duties. Upon request of the Board or both
co-chairmen, the head of that agency (or other person duly
designated for purposes of this paragraph) shall furnish that
information to the Board.
(4) The Board shall prescribe regulations under which any
member of the Board or of its staff, and any person whose services
are procured under subsection (d)(2)(B), who gains access to any
information or other matter pursuant to this subsection shall, to
the extent that any provisions of section 9 or 214 of title 13,
United States Code, would apply with respect to such matter in
the case of an employee of the Department of Commerce, be subject
to such provisions.
(5) Upon the request of the Board, the head of any Federal
agency is authorized to detail, without reimbursement, any of the
personnel of such agency to the Board to assist the Board in
carrying out its duties. Any such detail shall not interrupt or
otherwise affect the civil service status or privileges of the Federal
employee.
(6) Upon the request of the Board, the head of a Federal
agency shall provide such technical assistance to the Board as
the Board determines to be necessary to carry out its duties.
(7) The Board may use the United States mails in the same
manner and under the same conditions as Federal agencies and
shall, for purposes of the frank, be considered a commission of
Congress as described in section 3215 of title 39, United States
Code.
(8) Upon request of the Board, the Administrator of General
Services shall provide to the Board on a reimbursable basis such
administrative support services as the Board may request.
(9) For purposes of costs relating to printing and binding,
including the cost of personnel detailed from the Government Print-
ing Office, the Board shall be deemed to be a committee of the
Congress.
(f )(1) The Board shall transmit to the Congress—
(A) interim reports, with the first such report due by April
1, 1998;
(B) additional reports, the first of which shall be due by
February 1, 1999, the second of which shall be due by April
1, 1999, and subsequent reports at least semiannually there-
after;
(C) a final report which shall be due by September 1,
2001; and
H. R. 2267—47
(D) any other reports which the Board considers appro-
priate.
The final report shall contain a detailed statement of the findings
and conclusions of the Board with respect to the matters described
in subsection (b).
(2) In addition to any matter otherwise required under this
subsection, each such report shall address, with respect to the
period covered by such report—
(A) the degree to which efforts of the Bureau of the Census
to prepare to conduct the 2000 census—
(i) shall achieve maximum possible accuracy at every
level of geography;
(ii) shall be taken by means of an enumeration process
designed to count every individual possible; and
(iii) shall be free from political bias and arbitrary
decisions; and
(B) efforts by the Bureau of the Census intended to
contribute to enumeration improvement, specifically, in connec-
tion with—
(i) computer modernization and the appropriate use
of automation;
(ii) address list development;
(iii) outreach and promotion efforts at all levels
designed to maximize response rates, especially among
groups that have historically been undercounted (including
measures undertaken in conjunction with local government
and community and other groups);
(iv) establishment and operation of field offices; and
(v) efforts relating to the recruitment, hiring, and train-
ing of enumerators.
(3) Any data or other information obtained by the Board under
this section shall be made available to any committee or subcommit-
tee of Congress of appropriate jurisdiction upon request of the
chairman or ranking minority member of such committee or sub-
committee. No such committee or subcommittee, or member thereof,
shall disclose any information obtained under this paragraph which
is submitted to it on a confidential basis unless the full committee
determines that the withholding of that information is contrary
to the national interest.
(4) The Board shall study and submit to Congress, as part
of its first report under paragraph (1)(A), its findings and rec-
ommendations as to the feasibility and desirability of using postal
personnel or private contractors to help carry out the decennial
census.
(g) There is authorized to be appropriated $4,000,000 for each
of fiscal years 1998 through 2001 to carry out this section.
(h) To the extent practicable, members of the Board shall
work to promote the most accurate and complete census possible
by using their positions to publicize the need for full and timely
responses to census questionnaires.
(i)(1) No individual described in paragraph (2) shall be eligible—
(A) to be appointed or to continue serving as a member
of the Board or as a member of the staff thereof; or
(B) to enter into any contract with the Board.
(2) This subsection applies with respect to any individual who
is serving or who has ever served—
(A) as the Director of the Census; or
H. R. 2267—48
(B) with any committee or subcommittee of either House
of Congress, having jurisdiction over any aspect of the decennial
census, as—
(i) a Member of Congress; or
(ii) a congressional employee.
( j) The Board shall cease to exist on September 30, 2001.
(k) Section 9(a) of title 13, United States Code, is amended
in the matter before paragraph (1) thereof by striking ‘‘of this
title—’’ and inserting ‘‘of this title or section 210 of the Departments
of Commerce, Justice, and State, the Judiciary, and Related Agen-
cies Appropriations Act, 1998—’’.
SEC. 211. (a) Section 401 of title 22, United States Code, is
amended—
(1) in subsection (a), by adding after the first sentence
the following: ‘‘The Secretary of Commerce may seize and detain
any commodity (other than arms or munitions of war) or tech-
nology which is intended to be or is being exported in violation
of laws governing such exports and may seize and detain any
vessel, vehicle, or aircraft containing the same or which has
been used or is being used in exporting or attempting to export
such articles.’’; and
(2) in subsection (b), by adding after ‘‘and not inconsistent
with the provisions hereof.’’ the following: ‘‘However, with
respect to seizures and forfeitures of property under this section
by the Secretary of Commerce, such duties as are imposed
upon the customs officer or any other person with respect
to the seizure and forfeiture of property under the customs
law may be performed by such officers as are designated by
the Secretary of Commerce or, upon the request 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. In accordance with section 1557 of title
31, United States Code, funds obligated and awarded in fiscal
year 1994 under the heading ‘‘Economic Development Administra-
tion-Economic Development Assistance Programs’’ for Metropolitan
Dade County, Florida, and subsequently 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 Commerce and
Related Agencies Appropriations Act, 1998’’.
H. R. 2267—49
TITLE III—THE JUDICIARY
SUPREME COURT OF THE UNITED STATES
SALARIES AND EXPENSES
For expenses necessary for the operation of the Supreme 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 transporting 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.
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 authorized
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 (including 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, mag-
istrate judges, and all other officers and employees of the Federal
Judiciary not otherwise specifically provided for, and necessary
expenses of the courts, as authorized by law, $2,682,400,000 (includ-
ing the purchase of firearms and ammunition); of which not to
exceed $13,454,000 shall remain available until expended for space
alteration projects; of which $900,000 shall be transferred to the
Commission on Structural Alternatives for the Federal Courts of
Appeals, to remain available until expended; and of which not
H. R. 2267—50
to exceed $10,000,000 shall remain available until expended for
furniture and furnishings 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 the National Child-
hood Vaccine Injury Act of 1986, not to exceed $2,450,000, to be
appropriated from the Vaccine Injury 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 represent 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
appointed to assist the court in criminal cases where the defendant
has waived representation by counsel; the compensation and
reimbursement of travel expenses of guardians 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 United States has a treaty for the execu-
tion of penal sentences; and the compensation of attorneys
appointed to represent jurors in civil actions for the protection
of their employment, 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 commissioners 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, incident
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, directed security patrols, and other
similar activities as authorized by section 1010 of the Judicial
Improvement and Access to Justice Act (Public Law 100–702);
H. R. 2267—52
Judicial Services, Defender Services’’ and ‘‘Courts of Appeals, Dis-
trict Courts, and Other Judicial Services, Fees of Jurors and
Commissioners’’, shall 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 expendi-
ture 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 available 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 ALTERNATIVES FOR
THE FEDERAL COURTS OF APPEALS.—
(1) ESTABLISHMENT AND FUNCTIONS OF COMMISSION.—
(A) ESTABLISHMENT.—There is established a Commis-
sion on Structural Alternatives for the Federal Courts of
Appeals (hereinafter referred to as the ‘‘Commission’’).
(B) FUNCTIONS.—The functions of the Commission
shall be to—
(i) study the present division of the United States
into the several judicial circuits;
(ii) study the structure and alignment of the
Federal Court of Appeals system, with particular ref-
erence to the Ninth Circuit; and
(iii) report to the President and the Congress its
recommendations for such changes in circuit bound-
aries or structure as may be appropriate for the expedi-
tious and effective disposition of the caseload of the
Federal Courts of Appeals, consistent with fundamen-
tal concepts of fairness and due process.
(2) MEMBERSHIP.—
(A) COMPOSITION.—The Commission shall be composed
of five members who shall be appointed 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 enact-
ment of this Act.
(C) VACANCY.—Any vacancy in the Commission 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 Commission shall
constitute a quorum, but two may conduct hearings.
(3) COMPENSATION.—
(A) IN
GENERAL.—Members of the Commission who
are officers, or full-time employees, of the United States
shall receive no additional compensation for their services,
but shall be reimbursed for travel, subsistence, and other
necessary expenses incurred in the performance of duties
H. R. 2267—53
vested in the Commission, but not in excess of the maxi-
mum 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 performance of duties, but not in excess of the maxi-
mum amounts authorized under section 456 of title 28,
United States Code.
(4) PERSONNEL.—
(A) EXECUTIVE
DIRECTOR.—The Commission may
appoint an Executive Director who shall receive compensa-
tion at a rate not exceeding the rate prescribed for level
V of the Executive Schedule under section 5316 of title
5, United States Code.
(B) STAFF.—The Executive Director, with the approval
of the Commission, may appoint and fix the compensation
of such additional personnel as the Executive Director
determines necessary, 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. Com-
pensation 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 
Executive
Director may procure personal services of experts and
consultants as authorized by section 3109 of title 5, United
States Code, at rates not to exceed the highest level payable
under the General Schedule pay rates under section 5332
of title 5, United States Code.
(D) SERVICES.—The Administrative Office of the United
States Courts shall provide administrative services, includ-
ing financial and budgeting services, to the Commission
on a reimbursable basis. The Federal Judicial Center shall
provide necessary research services to the Commission on
a reimbursable basis.
(5) INFORMATION.—The Commission is authorized to
request 
from 
any 
department, 
agency, 
or 
independent
instrumentality of the Government any information and assist-
ance the Commission determines necessary to carry out its
functions under this section. Each such department, agency,
and independent instrumentality is authorized to provide such
information 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 period, the Commission shall submit its report
to the President and the Congress. The Commission shall termi-
nate 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
H. R. 2267—54
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 appropriated for salary adjust-
ments pursuant to this section and such funds shall be transferred
to and merged with appropriations 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 sentence:
‘‘In each circuit (other than the Federal judicial circuit) there shall
be at least one circuit judge in regular active 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.—
‘‘(A) IN
GENERAL.—Subject to subparagraphs (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 approved for
payment to defense counsel by dividing those amounts
into the following categories:
‘‘(I) Arraignment and or plea.
‘‘(II) Bail and detention hearings.
‘‘(III) Motions.
‘‘(IV) Hearings.
‘‘(V) Interviews and conferences.
‘‘(VI) Obtaining and reviewing records.
‘‘(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 consideration 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 DEFEND-
ANT.—If 
the 
court 
determines 
that 
defendant’s
interests as set forth in subparagraph (D) require a
limited disclosure, the court shall disclose amounts
as provided in subparagraph (B).
‘‘(D) CONSIDERATIONS.—The interests referred to in
subparagraphs (B) and (C) are—
H. R. 2267—55
‘‘(i) to protect any person’s 5th amendment right
against self-incrimination;
‘‘(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 reasonable 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 subparagraph (D). Upon completion of the trial, the
court shall release unredacted copies of the vouchers pro-
vided 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 coun-
sel to justify the expenses to the court until such time
as the appeals process is completed, unless the court deter-
mines that none of the defendant’s interests set forth in
subparagraph (D) will be compromised.
‘‘(F) EFFECTIVE DATE.—The amendment made by para-
graph (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
24 months after the effective date.’’.
This title may be cited as ‘‘The Judiciary Appropriations 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 Authorities 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 Congress; 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 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 Service’’ appropriations account, to be available only for
emergency evacuations and terrorism rewards: Provided further,
That notwithstanding section 140(a)(5), and the second sentence
of section 140(a)(3), of the Foreign Relations Authorization 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