[House Report 105-264]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    105-264
_______________________________________________________________________


 
 PROVIDING FOR THE CONSIDERATION OF H.R. 2267, THE COMMERCE, JUSTICE, 
   STATE, THE JUDICIARY AND RELATED AGENCIES APPROPRIATIONS BILL FOR 
                            FISCAL YEAR 1998

                                _______
                                

 September 23, 1997.--Referred to the House Calendar and ordered to be 
                                printed

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    Mr. Dreier, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 239]

    The Committee on Rules, having had under consideration 
House Resolution 239, by a non-record vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

               brief summary of provisions of resolution

    The resolution provides for consideration of H.R. 2267, the 
``Commerce, Justice, State and Related Agencies Appropriations 
Bill for Fiscal Year 1998'' under an open rule. The rule 
provides one hour of general debate equally divided between the 
chairman and ranking minority member of the Committee on 
Appropriations.
    The rule also provides for the adoption of the amendment 
printed in Part 1 of this report. All points of order against 
provisions in the bill, as amended, for failure to comply with 
clause 2 (prohibiting unauthorized appropriations and 
legislative provisions in a general appropriations bill) and 
clause 6 (prohibiting reappropriations in a general 
appropriations bill) of rule XXI are waived.
    The rule also provides for, prior to the consideration of 
any other amendment, the consideration of the amendment 
numbered 1 in Part 2 of this report, if offered by the Member 
designated in the report which may amend portions of the bill 
not yet read for amendment.
    The rule provides for consideration of the amendments 
printed in Part 2 of this report, except for the amendment 
numbered 1, which may only be offered by a Member designated in 
the report and only at the appropriate point in the reading of 
the bill, shall be considered as read, shall be debatable for 
the time specified and shall not be subject to further 
amendment or to a demand for a division of the question.
    All points of order against the amendment numbered 2 in 
Part 2 of this report are waived.
    Points of order against the amendments numbered 1 and 3 in 
Part 2 of this report for failure to comply with clause 2 
(prohibiting unauthorized appropriations and legislative 
provisions in a general appropriations bill) of rule XXI are 
also waived.
    The rule permits the Chairman of the Committee of the Whole 
to accord priority in recognition to those Members who have 
pre-printed their amendments in the Congressional Record prior 
to their consideration. The rule further allows the Chairman of 
the Committee of the Whole to postpone recorded votes and to 
reduce to five minutes the voting time on any postponed 
question, provided voting time on the first in any series of 
questions in not less than 15 minutes.
    Finally, the rule provides one motion to recommit, with or 
without instructions.

  summary of amendments made in order by the rule for H.R. 2267--the 
 commerce, justice, state and related agencies appropriations bill for 
                            fiscal year 1998

         (Listed in the order they will appear in this report)

Part I (Amendment considered as adopted)

    1. Hastert: Provides for an expedited judicial review to 
determine the legality and constitutionality of the use of 
sampling and statistical adjustment to add or subtract counts 
to the enumeration of the population for purposes of 
apportionment or redistricting. Upon the commencement of legal 
action under this section, a temporary injunction is 
automatically instituted on the use of appropriated funds under 
this or any other Act, until that method has been judicially 
finally determined to be authorized by the Constitution and by 
Act of Congress.

Part II

    1. Hyde--30 mins: Replaces Section 616 with a provision 
that is based upon the policies, procedures and limitations of 
the Equal Access to Justice Act. It allows any defendant who 
prevails in a federal prosecution an opportunity to recovery 
attorneys' fees and litigation expenses unless the government 
establishes that it was substantially justified in initiating 
and prosecuting the case or that an award of attorneys' fees 
would be unjust.
    2. Mollohan/Shays--80 mins: Retains the full $381.8 million 
appropriation for Census 2000 in fiscal year 1998. Strikes 
committee-reported language fencing all but $100 million of the 
appropriation until enactment of authorizing legislation and 
prohibiting use of the un-fenced $100 million for any 
activities relating to sampling. Adds language prohibiting the 
use of any 1998 funds to make irreversible plans or 
preparations for the use of sampling or any other statistical 
method (including statistical adjustment) in taking the census 
for purposes congressional apportionment. Creates a Board of 
Observers for a Fair and Accurate Census.
    3. Burton--30 mins: Requires programs funded by the Legal 
Services Corporation to disclose to the public and to the LSC 
certain basic information about the legal actions in which the 
program is involved. The basic information includes the name 
and address of each party to the legal action, the cause(s) of 
action, the name and address of the court in which the case is 
filed, and the case number assigned to the legal action. In 
those instances where an address is not disclosed for reasons 
of security, as with a battered spouse, LSC will not be 
required to disclose that information.

                                 PART I

    Amendment considered as adopted by the rule:
    Page 44, strike line 22 and all that follows through line 
11 on page 45 and insert the following:
    Subject to the limitations provided in section 209, for 
expenses necessary to conduct the decennial census, 
$381,800,000, to remain available until expended.
    Page 58, after line 9, insert the following:
    Sec. 209. (a) 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 members 
in Congress, may in a civil action obtain declaratory, 
injunctive, and any other appropriate relief against the use of 
such method.
    (b) For purposes of this section, the use of any 
statistical method in a dress rehearsal or similar test or 
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.
    (c) For purposes of this section, an ``aggrieved person'' 
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.
    (d)(1) Any action brought under this section shall be heard 
and determined by a district court of 3 judges in accordance 
with section 2284 of title 28, United States Code. Any order of 
a United States district court which 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 shall be issued by a single Justice 
of the Supreme Court.
    (2) No sums appropriated under this or any other Act may be 
used for any statistical method, in connection with any 
decennial census, to determine the population for purposes of 
the apportionment or redistricting of members in Congress after 
a civil action is commenced challenging or seeking to uphold 
the use of such method, until that method has been judicially 
finally determined to be authorized by the Constitution and by 
Act of Congress.
    (3) It shall be the duty of a United States district court 
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 matter brought under this section.
    (e) 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.
    (f) For purposes of this section--
          (1) the term ``statistical method'' means an activity 
        related to the design, planning, testing, or 
        implementation of the use of sampling, or any other 
        statistical procedure, including statistical 
        adjustment, to add or subtract counts to the 
        enumeration of the population; and
          (2) a matter shall not be considered to have been 
        judicially finally determined until it has been finally 
        determined on the merits in appellate proceedings 
        before the Supreme Court of the United States.
    (g) This section shall apply in fiscal year 1998 and 
succeeding fiscal years.
    (h) 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.

                                PART II

    The amendments made in order by the rule are as follows:

1. An Amendment To Be Offered by Representative Hyde of Illinois, or a 
                   Designee, Debatable for 30 Minutes

    Page 116, strike line 16 and all that follows through line 
2 on page 117 and insert the following:

SEC. 616. ATTORNEYS FEES AND OTHER COSTS IN CERTAIN CRIMINAL CASES.

    During fiscal year 1997 and in any fiscal year thereafter, 
the court, in any criminal case pending on or after the date of 
the enactment of this Act, shall award, and the United States 
shall pay, to a prevailing party, other than the United States, 
a reasonable attorney's fee and other litigation costs, unless 
the court finds that the position of the United States was 
substantially justified or that other special circumstances 
make an award unjust. Such awards shall be granted pursuant to 
the procedures and limitations provided for an award under 
section 2412 of title 28, United States Code. Fees and other 
expenses awarded under this provision to a party shall be paid 
by the agency over which the party prevails from any funds made 
available to the agency by appropriation. No new appropriations 
shall be made as a result of this provision.
                              ----------                              


   2. An Amendment To Be Offered by Representative Mollohan of West 
   Virginia, or Representative Shays of Connecticut, or a Designee. 
                        Debatable for 80 Minutes

  In the first paragraph under ``DEPARTMENT OF COMMERCE--Bureau 
of the Census--periodic censuses and programs'' strike 
``Subject to the limitations provided in section 209, for'' and 
insert ``For''.
  Strike section 209 and insert the following:
  Sec. 209. None of the funds made available in this Act for 
fiscal year 1998 may be used by the Department of Commerce to 
make irreversible plans or preparations for the use of sampling 
or any other statistical method (including any statistical 
adjustment) in taking the 2000 decennial census of population 
for purposes of the apportionment of Representatives in 
Congress among the States.
  Sec. 210. (a) There shall be established a board to be known 
as the Board of Observers for a Fair and Accurate Census 
(hereinafter in this section referred to as the ``Board'').
  (b)(1) 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) to 
determine whether the process has been manipulated in any way 
so as to bias the results in favor of any geographic region, 
population group, or political party, or on any other basis.
  (2) In carrying out such function, the Board shall give 
special attention to the design and implementation of any 
sampling techniques and any statistical adjustments used in 
determining the population for purposes of the apportionment of 
Representatives in Congress among the several States.
  (3) The Board shall promptly report to the Congress and the 
President evidence of any manipulation referred to in paragraph 
(1).
  (c)(1) The Board shall be composed of 3 members as follows:
          (A) 1 individual appointed by the President.
          (B) 1 individual appointed jointly by the Speaker of 
        the House of Representatives and the President pro 
        tempore of the Senate.
          (C) The Comptroller General of the United States.
The members appointed under subparagraphs (A) and (B), 
respectively, shall be former Presidents or others of similar 
stature.
  (2) Members shall not be entitled to any pay by reason of 
their service on the Board, but shall receive travel expenses, 
including per diem in lieu of subsistence, in accordance with 
sections 5702 and 5703 of title 5, United States Code.
  (d)(1) The Board shall have an Executive Director who shall 
be appointed by the Board and paid at a rate not to exceed 
level IV of the Executive Schedule.
  (2) The Board may appoint and fix the pay of such additional 
personnel as it considers appropriate, subject to the 
provisions of chapter 51 and subchapter III of chapter 53 of 
title 5, United States Code.
    (3) Subject to such rules as may be prescribed by the 
Board, the Board may procure temporary and intermittent 
services under section 3109(b) of such title 5, 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.
    (4)(A) Upon request of the Board, any personnel of an 
agency under subparagraph (B) may be detailed to the Board, on 
a reimbursable basis or otherwise, to assist the Board in 
carrying out its duties.
    (B) The agencies under this subparagraph are the General 
Accounting Office, the Congressional Research Service, and the 
Congressional Budget Office.
    (e)(1) Notwithstanding any provision of title 13, United 
States Code, or any other provision of law, members of the 
Board and any members of the staff who maybe 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.
(2) The regulations shall include provisions under which 
individuals gaining access to any information or other matter 
pursuant to paragraph (1) shall be subject to sections 9 and 
214 of title 13, United States Code.
    (f) The Board shall transmit to the Congress and the 
President--
          (1) interim reports, at least semiannually, with the 
        first such report due by August 1, 1998; and
          (2) a final report not later than August 1, 2001.
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), together with any 
recommendations regarding future decennial censuses of 
population.
    (g) Of the amounts appropriated to the Bureau of the Census 
for each of fiscal years 1998 through 2001, $2,000,000 shall be 
available to the Board 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) The Board shall cease to exist on September 30, 2001.

3. An Amendment To Be Offered by Representative Burton of Indiana, or a 
                   Designee, Debatable for 30 Minutes

    On page 104, after line 2, insert the following new 
section:
    Sec. 505. (a) Not later than January 1, 1998, the Legal 
Services Corporation shall implement a system of case 
information disclosure which shall apply to all basic field 
programs which receive funds from the Legal Services 
Corporation from funds appropriated in this Act.
    (b) Any basic field program which receives Federal funds 
from the Legal Services Corporation from funds appropriated in 
this Act must disclose to the public in written form, upon 
request, and to the Legal Services Corporation in semiannual 
reports, the following information about each case filed by its 
attorneys in any court:
          (1) The name and full address of each party to the 
        legal action unless such information is protected by an 
        order or rule of a court or by State or Federal law or 
        revealing such information would put the client of the 
        recipient of such Federal funds at risk of physical 
        harm.
          (2) The cause of action in the case.
          (3) The name and address of the court in which the 
        case was filed and the case number assigned to the 
        legal action.
    (c) The case information disclosed in semi-annual reports 
to the Legal Services Corporation shall be subject to 
disclosure under section 552 of title 5, United States Code.