II

106TH CONGRESS

1ST SESSION S. 752

To facilitate the recruitment of temporary employees to assist in the conduct

of the 2000 decennial census of population, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 25, 1999

Mr. MOYNIHAN (for himself and Mr. BINGAMAN) introduced the following bill;

which was read twice and referred to the Committee on Governmental Affairs

A BILL

To facilitate the recruitment of temporary employees to assist

in the conduct of the 2000 decennial census of population, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Decennial Census Im5 provement Act of 1999’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—

8 (1) the Constitution of the United States re9 quires that the number of persons in the United

10 States be enumerated every 10 years in order to per-
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1 mit the apportionment of representatives among the

2 several States;

3 (2) information collected through a decennial

4 census of the population conducted under section

5 141 of title 13, United States Code, is also used to

6 determine—

7 (A) the boundaries of—

8 (i) congressional districts within

9 States;

10 (ii)(I) the districts for the legislature

11 of each State; and

12 (II) other political subdivisions within

13 the States; and

14 (B) the allocation of billions of dollars of

15 Federal and State funds;

16 (3) the Constitution of the United States re17 quires that the enumerations referred to in para18 graph (2) be made in such manner as the Congress

19 ‘‘shall by law direct’’;

20 (4) in the 1990 decennial census, the Bureau of

21 the Census used a combination of mail question22 naires and personal interviews, involving more than

23 350,000 enumerators, to collect the census data; and

24 (5) in 1993, the Bureau of the Census con25 cluded that legislation ensuring that pay for tem-
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1 porary census enumerators in the 2000 decennial

2 census would not be used to reduce benefits under

3 Federal assistance programs would make it easier

4 for the Bureau to hire individuals in low-income

5 neighborhoods as temporary census enumerators in

6 those neighborhoods.

7 SEC. 3. MEASURES TO FACILITATE THE RECRUITMENT OF

8 TEMPORARY EMPLOYEES.

9 (a) PURPOSES FOR WHICH COMPENSATION SHALL

10 NOT BE TAKEN INTO ACCOUNT.—

11 (1) IN GENERAL.—Section 23 of title 13,

12 United States Code, is amended by adding at the

13 end the following:

14 ‘‘(d)(1) As used in this subsection, the term ‘tem15 porary census position’ means a temporary position within

16 the Bureau of the Census established for purposes relating

17 to the 2000 decennial census of population conducted

18 under section 141 (as determined under regulations that

19 the Secretary shall prescribe).

20 ‘‘(2) Notwithstanding any other provision of law,

21 compensation for service performed by an individual in a

22 temporary census position shall not cause—

23 ‘‘(A) that individual or any other individual to

24 become ineligible for any benefits described in para25 graph (3)(A); or
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1 ‘‘(B) a reduction in the amount of any benefits

2 described in paragraph (3)(A) for which that indi3 vidual or any other individual would otherwise be eli4 gible.

5 ‘‘(3) This subsection shall—

6 ‘‘(A) apply with respect to benefits provided

7 under any Federal program or any State or local

8 program financed in whole or in part with Federal

9 funds (including the Social Security program under

10 the Social Security Act (42 U.S.C. 301 et seq.) and

11 the Medicare program under title XVIII of that

12 Act);

13 ‘‘(B) apply only with respect to compensation

14 for service performed during calendar year 2000;

15 and

16 ‘‘(C) not apply if the individual performing the

17 service involved is appointed (or first appointed to

18 any other temporary census position) before January

19 1, 2000.’’.

20 (2) RULE OF CONSTRUCTION.—The amendment

21 made by paragraph (1) shall not affect the application of

22 Public Law 101–86 (13 U.S.C. 23 note), as amended by

23 subsection (b).

24 (b) EXEMPTION FROM PROVISIONS RELATING TO

25 REEMPLOYED ANNUITANTS AND FORMER MEMBERS OF
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1 THE UNIFORMED SERVICES.—Public Law 101–86 (13

2 U.S.C. 23 note) is amended—

3 (1) by striking the title and inserting the fol4 lowing: ‘‘An Act to provide that a Federal annuitant

5 or former member of a uniformed service who re6 turns to Government service, under a temporary ap7 pointment, to assist in carrying out the 2000 decen8 nial census of population shall be exempt from cer9 tain provisions of title 5, United States Code, relat10 ing to offsets from pay and other benefits.’’;

11 (2) in section 1(b), by striking ‘‘the 1990 de12 cennial census’’ and inserting ‘‘the 2000 decennial

13 census’’; and

14 (3) in section 4, by striking ‘‘December 31,

15 1990.’’ and inserting ‘‘December 31, 2000.’’.

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