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forms or allowances therefor, as authorized by law (5 U.S.C.
5901–5902).
SEC. 203. None of the funds made available by this
Act may be used to support the hurricane reconnaissance
aircraft and activities that are under the control of the
United States Air Force or the United States Air Force Re-
serve.
SEC. 204. None of the funds provided in this or any
previous Act, or hereinafter made available to the Depart-
ment of Commerce, shall be available to reimburse the Un-
employment Trust Fund or any other fund or account of
the Treasury to pay for any expenses paid before October
1, 1992, as authorized by section 8501 of title 5, United
States Code, for services performed after April 20, 1990, by
individuals appointed to temporary positions within the
Bureau of the Census for purposes relating to the 1990 de-
cennial census of population.
SEC. 205. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Depart-
ment of Commerce in this Act may be transferred between
such appropriations, but no such appropriation shall be in-
creased by more than 10 percent by any such transfers: Pro-
vided, 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-
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ture except in compliance with the procedures set forth in
that section.
SEC. 206. (a) Should legislation be enacted to disman-
tle or reorganize the Department of Commerce or any por-
tion thereof, the Secretary of Commerce, no later than 90
days thereafter, shall submit to the Committees on Appro-
priations of the House and the Senate a plan for transfer-
ring funds provided in this Act to the appropriate successor
organizations: Provided, That the plan shall include a pro-
posal for transferring or rescinding funds appropriated
herein for agencies or programs terminated under such leg-
islation: Provided further, That such plan shall be trans-
mitted in accordance with section 605 of this Act.
(b) The Secretary of Commerce or the appropriate
head of any successor organization(s) may use any avail-
able funds to carry out legislation dismantling or reor-
ganizing the Department of Commerce or any portion there-
of to cover the costs of actions relating to the abolishment,
reorganization, or transfer of functions and any related per-
sonnel action, including voluntary separation incentives if
authorized by such legislation: Provided, That the authority
to transfer funds between appropriations accounts that may
be necessary to carry out this section is provided in addi-
tion to authorities included under section 205 of this Act:
Provided further, That use of funds to carry out this section
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shall be treated as a reprogramming of funds under section
605 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set
forth in that section.
SEC. 207. Any costs incurred by a Department or
agency funded under this title resulting from personnel ac-
tions taken in response to funding reductions included in
this title or from actions taken for the care and protection
of loan collateral or grant property shall be absorbed within
the total budgetary resources available to such Department
or agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to
carry out this section is provided in addition to authorities
included elsewhere in this Act: Provided further, That use
of funds to carry out this section shall be treated as a re-
programming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
SEC. 208. The Secretary of Commerce may award con-
tracts for hydrographic, geodetic, and photogrammetric sur-
veying and mapping services in accordance with title IX
of the Federal Property and Administrative Services Act
of 1949 (40 U.S.C. 541 et seq.).
SEC. 209. (a) Congress finds that—
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(1) it is the constitutional duty of the Congress
to ensure that the decennial enumeration of the popu-
lation is conducted in a manner consistent with the
Constitution and laws of the United States;
(2) the sole constitutional purpose of the decen-
nial enumeration of the population is the apportion-
ment of Representatives in Congress among the sev-
eral States;
(3) section 2 of the 14th article of amendment to
the Constitution clearly states that Representatives
are to be ‘‘apportioned among the several States ac-
cording to their respective numbers, counting the
whole number of persons in each State’’;
(4) article I, section 2, clause 3 of the Constitu-
tion clearly requires an ‘‘actual Enumeration’’ of the
population, and section 195 of title 13, United States
Code, clearly provides ‘‘Except for the determination
of population for purposes of apportionment of Rep-
resentatives in Congress among the several States, the
Secretary shall, if he considers it feasible, authorize
the use of the statistical method known as ‘sampling’
in carrying out the provisions of this title.’’;
(5) the decennial enumeration of the population
is one of the most critical constitutional functions our
Federal Government performs;
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(6) it is essential that the decennial enumeration
of the population be as accurate as possible, consistent
with the Constitution and laws of the United States;
(7) the use of statistical sampling or statistical
adjustment in conjunction with an actual enumera-
tion to carry out the census with respect to any seg-
ment of the population poses the risk of an inac-
curate, invalid, and unconstitutional census;
(8) the decennial enumeration of the population
is a complex and vast undertaking, and if such enu-
meration is conducted in a manner that does not
comply with the requirements of the Constitution or
laws of the United States, it would be impracticable
for the States to obtain, and the courts of the United
States to provide, meaningful relief after such enu-
meration has been conducted; and
(9) Congress is committed to providing the level
of funding that is required to perform the entire
range of constitutional census activities, with a par-
ticular emphasis on accurately enumerating all indi-
viduals who have historically been undercounted, and
toward this end, Congress expects—
(A) aggressive and innovative promotion
and outreach campaigns in hard-to-count com-
munities;
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(B) the hiring of enumerators from within
those communities;
(C) continued cooperation with local gov-
ernment on address list development; and
(D) maximized census employment opportu-
nities for individuals seeking to make the transi-
tion from welfare to work.
(b) Any person aggrieved by the use of any statistical
method in violation of the Constitution or any provision
of law (other than this Act), in connection with the 2000
or any later decennial census, to determine the population
for purposes of the apportionment or redistricting of mem-
bers in Congress, may in a civil action obtain declaratory,
injunctive, and any other appropriate relief against the use
of such method.
(c) For purposes of this section—
(1) the use of any statistical method as part of
a dress rehearsal or other simulation of a census in
preparation for the use of such method, in a decennial
census, to determine the population for purposes of
the apportionment or redistricting of members in
Congress shall be considered the use of such method in
connection with that census; and
(2) the report ordered by title VIII of Public
Law 105–18 and the Census 2000 Operational Plan
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shall be deemed to constitute final agency action re-
garding the use of statistical methods in the 2000 de-
cennial census, thus making the question of their use
in such census sufficiently concrete and final to now
be reviewable in a judicial proceeding.
(d) For purposes of this section, an aggrieved person
(described in subsection (b)) includes—
(1) any resident of a State whose congressional
representation or district could be changed as a result
of the use of a statistical method challenged in the
civil action;
(2) any Representative or Senator in Congress;
and
(3) either House of Congress.
(e)(1) Any action brought under this section shall be
heard and determined by a district court of three judges
in accordance with section 2284 of title 28, United States
Code. The chief judge of the United States court of appeals
for each circuit shall, to the extent practicable and consist-
ent with the avoidance of unnecessary delay, consolidate,
for all purposes, in one district court within that circuit,
all actions pending in that circuit under this section. Any
party to an action under this section shall be precluded
from seeking any consolidation of that action other than
is provided in this paragraph. In selecting the district court
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in which to consolidate such actions, the chief judge shall
consider the convenience of the parties and witnesses and
efficient conduct of such actions. Any final order or injunc-
tion of a United States district court that is issued pursu-
ant to an action brought under this section shall be
reviewable by appeal directly to the Supreme Court of the
United States. Any such appeal shall be taken by a notice
of appeal filed within 10 days after such order is entered;
and the jurisdictional statement shall be filed within 30
days after such order is entered. No stay of an order issued
pursuant to an action brought under this section may be
issued by a single Justice of the Supreme Court.
(2) It shall be the duty of a United States district court
hearing an action brought under this section and the Su-
preme Court of the United States to advance on the docket
and to expedite to the greatest possible extent the disposition
of any such matter.
(f) Any agency or entity within the executive branch
having authority with respect to the carrying out of a de-
cennial census may in a civil action obtain a declaratory
judgment respecting whether or not the use of a statistical
method, in connection with such census, to determine the
population for the purposes of the apportionment or redis-
tricting of members in Congress is forbidden by the Con-
stitution and laws of the United States.
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(g) The Speaker of the House of Representatives or the
Speaker’s designee or designees may commence or join in
a civil action, for and on behalf of the House of Representa-
tives, under any applicable law, to prevent the use of any
statistical method, in connection with the decennial census,
to determine the population for purposes of the apportion-
ment or redistricting of members in Congress. It shall be
the duty of the Office of the General Counsel of the House
of Representatives to represent the House in such civil ac-
tion, according to the directions of the Speaker. The Office
of the General Counsel of the House of Representatives may
employ the services of outside counsel and other experts for
this purpose.
(h) For purposes of this section and section 210—
(1) the term ‘‘statistical method’’ means an ac-
tivity related to the design, planning, testing, or im-
plementation of the use of representative sampling, or
any other statistical procedure, including statistical
adjustment, to add or subtract counts to or from the
enumeration of the population as a result of statis-
tical inference; and
(2) the term ‘‘census’’ or ‘‘decennial census’’
means a decennial enumeration of the population.
(i) Nothing in this Act shall be construed to authorize
the use of any statistical method, in connection with a de-
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cennial census, for the apportionment or redistricting of
members in Congress.
(j) Sufficient funds appropriated under this Act or
under any other Act for purposes of the 2000 decennial cen-
sus shall be used by the Bureau of the Census to plan, test,
and become prepared to implement a 2000 decennial census,
without using statistical methods, which shall result in the
percentage of the total population actually enumerated
being as close to 100 percent as possible. In both the 2000
decennial census, and any dress rehearsal or other simula-
tion made in preparation for the 2000 decennial census,
the number of persons enumerated without using statistical
methods must be publicly available for all levels of census
geography which are being released by the Bureau of the
Census for (1) all data releases before January 1, 2001, (2)
the data contained in the 2000 decennial census Public Law
94–171 data file released for use in redistricting, (3) the
Summary Tabulation File One (STF–1) for the 2000 decen-
nial census, and (4) the official populations of the States
transmitted from the Secretary of Commerce through the
President to the Clerk of the House used to reapportion the
districts of the House among the States as a result of the
2000 decennial census. Simultaneously with any other re-
lease or reporting of any of the information described in
the preceding sentence through other means, such informa-
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tion shall be made available to the public on the Internet.
These files of the Bureau of the Census shall be available
concurrently to the release of the original files to the same
recipients, on identical media, and at a comparable price.
They shall contain the number of persons enumerated with-
out using statistical methods and any additions or subtrac-
tions thereto. These files shall be based on data gathered
and generated by the Bureau of the Census in its official
capacity.
(k) This section shall apply in fiscal year 1998 and
succeeding fiscal years.
SEC. 210. (a) There shall be established a board to be
known as the Census Monitoring Board (hereinafter in this
section referred to as the ‘‘Board’’).
(b) The function of the Board shall be to observe and
monitor all aspects of the preparation and implementation
of the 2000 decennial census (including all dress rehearsals
and other simulations of a census in preparation therefor).
(c)(1) The Board shall be composed of 8 members as
follows:
(A) 2 individuals appointed by the majority
leader of the Senate.
(B) 2 individuals appointed by the Speaker of
the House of Representatives.
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(C) 4 individuals appointed by the President, of
whom—
(i) 1 shall be on the recommendation of the
minority leader of the Senate; and
(ii) 1 shall be on the recommendation of the
minority leader of the House of Representatives.
All members of the Board shall be appointed within 60 days
after the date of enactment of this Act. A vacancy in the
Board shall be filled in the manner in which the original
appointment was made.
(2) Members shall not be entitled to any pay by reason
of their service on the Board, but shall receive travel ex-
penses, including per diem in lieu of subsistence, in accord-
ance with sections 5702 and 5703 of title 5, United States
Code.
(3) The Board shall have—
(A) a co-chairman who shall be appointed joint-
ly by the members under subsection (c)(1)(A) and
(B), and
(B) a co-chairman who shall be appointed joint-
ly by the members under subsection (c)(1)(C).
(4) The Board shall meet at the call of either co-chair-
man.
(5) A quorum shall consist of 5 members of the Board.
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(6) The Board may promulgate any regulations nec-
essary to carry out its duties.
(d)(1) The Board shall have—
(A) an executive director who shall be appointed
jointly by the members under subsection (c)(1)(A) and
(B), and
(B) an executive director who shall be appointed
jointly by the members under subsection (c)(1)(C),
each of whom shall be paid at a rate not to exceed level
IV of the Executive Schedule.
(2) Subject to such rules as the Board may prescribe,
each executive director—
(A) may appoint and fix the pay of such addi-
tional personnel as that executive director considers
appropriate; and
(B) may procure temporary and intermittent
services under section 3109(b) of title 5, United States
Code, but at rates for individuals not to exceed the
daily equivalent of the maximum annual rate of pay
payable for grade GS–15 of the General Schedule.
Such rules shall include provisions to ensure an equitable
division or sharing of resources, as appropriate, between the
respective staff of the Board.
(3) The staff of the Board shall be appointed without
regard to the provisions of title 5, United States Code, gov-
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erning appointments in the competitive service, and shall
be paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title (relating to classi-
fication and General Schedule pay rates).
(4) The Administrator of the General Services Admin-
istration, in coordination with the Secretary of Commerce,
shall locate suitable office space for the operation of the
Board in the W. Edwards Deming Building in Suitland,
Maryland. The facilities shall serve as the headquarters of
the Board and shall include all necessary equipment and
incidentals required for the proper functioning of the
Board.
(e)(1) For the purpose of carrying out its duties, the
Board may hold such hearings (at the call of either co-chair-
man) and undertake such other activities as the Board de-
termines 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 mem-
bers 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,
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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 provi-
sions.
(5) Upon the request of the Board, the head of any
Federal agency is authorized to detail, without reimburse-
ment, 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.
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(6) Upon the request of the Board, the head of a Fed-
eral 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 reimburs-
able basis such administrative support services as the Board
may request.
(9) For purposes of costs relating to printing and bind-
ing, including the cost of personnel detailed from the Gov-
ernment Printing 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 thereafter;
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(C) a final report which shall be due by Septem-
ber 1, 2001; and
(D) any other reports which the Board considers
appropriate.
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 accu-
racy at every level of geography;
(ii) shall be taken by means of an enumera-
tion process designed to count every individual
possible; and
(iii) shall be free from political bias and ar-
bitrary decisions; and
(B) efforts by the Bureau of the Census intended
to contribute to enumeration improvement, specifi-
cally, in connection with—
(i) computer modernization and the appro-
priate use of automation;
(ii) address list development;
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(iii) outreach and promotion efforts at all
levels designed to maximize response rates, espe-
cially among groups that have historically been
undercounted (including measures undertaken in
conjunction with local government and commu-
nity and other groups);
(iv) establishment and operation of field of-
fices; and
(v) efforts relating to the recruitment, hir-
ing, and training of enumerators.
(3) Any data or other information obtained by the
Board under this section shall be made available to any
committee or subcommittee of Congress of appropriate juris-
diction upon request of the chairman or ranking minority
member of such committee or subcommittee. No such com-
mittee 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 com-
mittee 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 recommendations as to the feasibility and desirability
of using postal personnel or private contractors to help
carry out the decennial census.
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(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 cen-
sus 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 indi-
vidual who is serving or who has ever served—
(A) as the Director of the Census; or
(B) with any committee or subcommittee of ei-
ther 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
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striking ‘‘of this title—’’ and inserting ‘‘of this title or sec-
tion 210 of the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies 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 technology which is in-
tended 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 the following
after ‘‘and not inconsistent with the provisions here-
of.’’—
‘‘However, with respect to seizures and forfeit-
ures 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 des-
ignated by the Secretary of Commerce or, upon the re-