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(2) the sole constitutional purpose of the decennial
enumeration of the population is the apportionment of
Representatives in Congress among the several 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 according to their respec-
tive numbers, counting the whole number of persons in each
State’’;
(4) article I, section 2, clause 3 of the Constitution 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 apportion-
ment of Representatives 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 Govern-
ment performs;
(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 enumeration to carry out the
census with respect to any segment of the population poses
the risk of an inaccurate, invalid, and unconstitutional census;
(8) the decennial enumeration of the population is a
complex and vast undertaking, and if such enumeration is
conducted in a manner that does not comply with the require-
ments 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
enumeration 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 particular emphasis on accurately
enumerating all individuals who have historically been under-
counted, and toward this end, Congress expects—
(A) aggressive and innovative promotion and outreach
campaigns in hard-to-count communities;
(B) the hiring of enumerators from within those
communities;
(C) continued cooperation with local government on
address list development; and
(D) maximized census employment opportunities for
individuals seeking to make the transition 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 apportion-
ment or redistricting of Members 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
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the use of such method, in a decennial census, to determine
the population for purposes of the apportionment or redistrict-
ing 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 shall be deemed
to constitute final agency action regarding the use of statistical
methods in the 2000 decennial census, thus making the ques-
tion 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 representa-
tion 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 consistent with the avoidance of unneces-
sary 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 in which to consoli-
date such actions, the chief judge shall consider the convenience
of the parties and witnesses and efficient conduct of such actions.
Any final order or injunction of a United States district court
that is issued pursuant 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 Supreme 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 decennial 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 redistricting of Members in Congress is forbidden
by the Constitution and laws of the United States.
(g) The Speaker of the House of Representatives or the Speak-
er’s designee or designees may commence or join in a civil action,
for and on behalf of the House of Representatives, 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 apportionment 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
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civil action, 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 activity related
to the design, planning, testing, or implementation 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 decen-
nial enumeration of the population.
(i) Nothing in this Act shall be construed to authorize the
use of any statistical method, in connection with a decennial 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 census 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 simulation made in preparation for the 2000 decennial census,
the number of persons enumerated without using statistical meth-
ods 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 decennial 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 release or report-
ing of any of the information described in the preceding sentence
through other means, such information 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 without
using statistical methods and any additions or subtractions 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 (hereafter 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 simula-
tions of a census in preparation therefor).
(c)(1) The Board shall be composed of 8 members as follows:
(A) Two individuals appointed by the majority leader of
the Senate.
(B) Two individuals appointed by the Speaker of the House
of Representatives.
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(C) Four individuals appointed by the President, of whom—
(i) one shall be on the recommendation of the minority
leader of the Senate; and
(ii) one 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 expenses, includ-
ing per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
(3) The Board shall have—
(A) a co-chairman who shall be appointed jointly by the
members under subsection (c)(1)(A) and (B), and
(B) a co-chairman who shall be appointed jointly by the
members under subsection (c)(1)(C).
(4) The Board shall meet at the call of either co-chairman.
(5) A quorum shall consist of five members of the Board.
(6) The Board may promulgate any regulations necessary 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 additional person-
nel 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 maxi-
mum 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, governing appoint-
ments 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 classification and General Schedule pay
rates).
(4) The Administrator of the General Services Administration,
in coordination with the Secretary of Commerce, shall locate suit-
able 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-chairman) and