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$5,000,000 of the amount above $268,000,000 shall be used
to fund a cooperative agreement with Montana State Uni-
versity for a research program on green buildings; and of
which not to exceed $1,625,000 may be transferred to the
‘‘Working Capital Fund’’.
INDUSTRIAL TECHNOLOGY SERVICES
For necessary expenses of the Manufacturing Exten-
sion Partnership of the National Institute of Standards and
Technology, $113,500,000, to remain available until ex-
pended, of which not to exceed $300,000 may be transferred
to the ‘‘Working Capital Fund’’: Provided, That notwith-
standing the time limitations imposed by 15 U.S.C. 278k(c)
(1) and (5) on the duration of Federal financial assistance
that may be awarded by the Secretary of Commerce to Re-
gional Centers for the transfer of Manufacturing Technology
(‘‘Centers’’), such Federal financial assistance for a Center
may continue beyond six years and may be renewed for
additional periods, not to exceed one year, at a rate not
to exceed one-third of the Center’s total annual costs, subject
before any such renewal to a positive evaluation of the Cen-
ter and to a finding by the Secretary of Commerce that
continuation of Federal funding to the Center is in the best
interest of the Regional Centers for the transfer of Manufac-
turing Technology Program: Provided further, That the
Center’s most recent performance evaluation is positive, and
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the Center has submitted a reapplication which has success-
fully passed merit review.
In addition, for necessary expenses of the Advanced
Technology Program of the National Institute of Standards
and Technology, $192,500,000, to remain available until
expended, of which not to exceed $82,000,000 shall be avail-
able for the award of new grants, and of which not to exceed
$500,000 may be transferred to the ‘‘Working Capital
Fund’’.
CONSTRUCTION OF RESEARCH FACILITIES
For construction of new research facilities, including
architectural and engineering design, and for renovation of
existing facilities, not otherwise provided for the National
Institute of Standards and Technology, as authorized by 15
U.S.C. 278c–278e, $95,000,000, to remain available until
expended: Provided, That of the amounts provided under
this heading, $78,308,000 shall be available for obligation
and expenditure only after submission of a plan for the ex-
penditure of these funds, in accordance with section 605 of
this Act.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of activities authorized by law
for the National Oceanic and Atmospheric Administration,
including maintenance, operation, and hire of aircraft; not
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to exceed 283 commissioned officers on the active list as of
September 30, 1998; grants, contracts, or other payments
to nonprofit organizations for the purposes of conducting
activities pursuant to cooperative agreements; and reloca-
tion of facilities as authorized by 33 U.S.C. 883i;
$1,500,350,000, to remain available until expended: Pro-
vided, That, notwithstanding 31 U.S.C. 3302 but consistent
with other existing law, fees shall be assessed, collected, and
credited to this appropriation as offsetting collections to be
available until expended, to recover the costs of administer-
ing aeronautical charting programs: Provided further, That
the sum herein appropriated from the General Fund shall
be reduced as such additional fees are received during fiscal
year 1998, so as to result in a final General Fund appro-
priation estimated at not more than $1,497,350,000: Pro-
vided further, That any such additional fees received in ex-
cess of $3,000,000 in fiscal year 1998 shall not be available
for obligation until October 1, 1998: Provided further, That
fees and donations received by the National Ocean Service
for the management of the national marine sanctuaries
may be retained and used for the salaries and expenses asso-
ciated with those activities, notwithstanding 31 U.S.C.
3302: Provided further, That in addition, $62,381,000 shall
be derived by transfer from the fund entitled ‘‘Promote and
Develop Fishery Products and Research Pertaining to
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American Fisheries’’: Provided further, That grants to
States pursuant to sections 306 and 306A of the Coastal
Zone Management Act of 1972, as amended, shall not exceed
$2,000,000: Provided further, That unexpended balances in
the accounts ‘‘Construction’’ and ‘‘Fleet Modernization,
Shipbuilding and Conversion’’ shall be transferred to and
merged with this account, to remain available until ex-
pended for the purposes for which the funds were originally
appropriated.
PROCUREMENT, ACQUISITION AND CONSTRUCTION
(INCLUDING TRANSFERS OF FUNDS)
For procurement, acquisition and construction of cap-
ital assets, including alteration and modification costs, of
the National Oceanic and Atmospheric Administration,
$489,609,000, to remain available until expended: Pro-
vided, That not to exceed $116,910,000 is available for the
advanced weather interactive processing system, and may
be available for obligation and expenditure only pursuant
to a certification by the Secretary of Commerce that the
total cost to complete the acquisition and deployment of the
advanced weather interactive processing system and NOAA
Port system, including program management, operations
and maintenance costs through deployment will not exceed
$188,700,000: Provided further, That unexpended balances
of amounts previously made available in the ‘‘Operations,
Research, and Facilities’’ account and the ‘‘Construction’’
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account for activities funded under this heading may be
transferred to and merged with this account, to remain
available until expended for the purposes for which the
funds were originally appropriated.
COASTAL ZONE MANAGEMENT FUND
Of amounts collected pursuant to section 308 of the
Coastal Zone Management Act of 1972 (16 U.S.C. 1456a),
not to exceed $7,800,000, for purposes set forth in sections
308(b)(2)(A), 308(b)(2)(B)(v), and 315(e) of such Act.
FISHERMEN’S CONTINGENCY FUND
For carrying out the provisions of title IV of Public
Law 95–372, not to exceed $953,000, to be derived from re-
ceipts collected pursuant to that Act, to remain available
until expended.
FOREIGN FISHING OBSERVER FUND
For expenses necessary to carry out the provisions of
the Atlantic Tunas Convention Act of 1975, as amended
(Public Law 96–339), the Magnuson-Stevens Fishery Con-
servation and Management Act of 1976, as amended (Public
Law 100–627), and the American Fisheries Promotion Act
(Public Law 96–561), to be derived from the fees imposed
under the foreign fishery observer program authorized by
these Acts, not to exceed $189,000, to remain available until
expended.
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FISHERIES FINANCE PROGRAM ACCOUNT
For the cost of direct loans, $338,000, as authorized
by the Merchant Marine Act of 1936, as amended: Provided,
That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budg-
et Act of 1974: Provided further, That none of the funds
made available under this heading may be used for direct
loans for any new fishing vessel that will increase the har-
vesting capacity in any United States fishery.
GENERAL ADMINISTRATION
SALARIES AND EXPENSES
For expenses necessary for the general administration
of the Department of Commerce provided for by law, includ-
ing not to exceed $3,000 for official entertainment,
$27,490,000.
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. 1–11 as amended
by Public Law 100–504), $20,140,000.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
OPERATIONS, RESEARCH, AND FACILITIES
(RESCISSION)
Of the unobligated balances available under this head-
ing, $20,000,000 are rescinded.
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UNITED STATES TRAVEL AND TOURISM ADMINISTRATION
SALARIES AND EXPENSES
(RESCISSION)
Of the unobligated balances available under this head-
ing, $3,000,000 are rescinded.
GENERAL PROVISIONS—DEPARTMENT OF COMMERCE
SEC. 201. During the current fiscal year, applicable
appropriations and funds made available to the Depart-
ment of Commerce by this Act shall be available for the
activities specified in the Act of October 26, 1949 (15 U.S.C.
1514), to the extent and in the manner prescribed by the
Act, and, notwithstanding 31 U.S.C. 3324, may be used for
advanced payments not otherwise authorized only upon the
certification of officials designated by the Secretary of Com-
merce that such payments are in the public interest.
SEC. 202. During the current fiscal year, appropria-
tions made available to the Department of Commerce by
this Act for salaries and expenses shall be available for hire
of passenger motor vehicles as authorized by 31 U.S.C. 1343
and 1344; services as authorized by 5 U.S.C. 3109; and uni-
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
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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-
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
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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
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.
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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—
(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;
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(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;
(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;
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(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;
(B) the hiring of enumerators from within
those communities;
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(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
shall be deemed to constitute final agency action re-
garding the use of statistical methods in the 2000 de-
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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
in which to consolidate such actions, the chief judge shall
consider the convenience of the parties and witnesses and
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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.
(g) The Speaker of the House of Representatives or the
Speaker’s designee or designees may commence or join in
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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-
cennial census, for the apportionment or redistricting of
members in Congress.
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(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-
tion shall be made available to the public on the Internet.
These files of the Bureau of the Census shall be available
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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.
(C) 4 individuals appointed by the President, of
whom—
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(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.
(6) The Board may promulgate any regulations nec-
essary to carry out its duties.
(d)(1) The Board shall have—
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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,
subject to such regulations as the Board may prescribe in
consultation with the Secretary of Commerce.
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(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.
(6) Upon the request of the Board, the head of a Fed-
eral agency shall provide such technical assistance to the
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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;
(C) a final report which shall be due by Septem-
ber 1, 2001; and
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(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;
(iii) outreach and promotion efforts at all
levels designed to maximize response rates, espe-
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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-
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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,