I
106TH CONGRESS
2D SESSION
H. R. 3581
To make additional funds available to the Secretary of Commerce for purposes
of the 2000 decennial census, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 7, 2000
Mrs. MALONEY of New York (for herself and Mrs. MEEK of Florida) intro-
duced the following bill; which was referred to the Committee on Govern-
ment Reform
A BILL
To make additional funds available to the Secretary of Com-
merce for purposes of the 2000 decennial census, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. FINDINGS.
Congress finds that—
(1) the Constitution requires that the number
of persons in the Nation be enumerated every 10
years in order to permit the apportionment of Rep-
resentatives in Congress among the several States;
which is an extremely costly and time-consuming
process;
(7) the mailback response rate has been declin-
ing over the past several decennial censuses, and is
expected to decline yet again in the 2000 census;
(8) the Bureau of the Census has estimated
that the mailback response rate for the 2000 decen-
nial census will be approximately 61 percent;
(9) a recent report by the General Accounting
Office found that if the mailback response rate for
the 2000 decennial census is less than 61 percent,
or if the Bureau of the Census is unable to hire
enough enumerators at its proposed wage scale, the
Bureau would have to adopt a contingency plan to
guarantee an accurate count; such a plan would re-
quire the Bureau to spend more money than is cur-
rently budgeted for the 2000 decennial census;
(10) the Bureau of the Census estimates that
it will need to recruit nearly 3,500,000 applicants to
fill about 860,000 positions for the 2000 decennial
census, a staffing goal that will be difficult to
achieve because the labor market has become in-
creasingly tight;
(11) in 1993, the Bureau concluded that legis-
lation providing that pay for temporary census enu-
merators in the 2000 decennial census which did not
reduce benefits under Federal assistance programs
would make it easier for the Bureau to hire neigh-
borhood people as temporary census enumerators in
low-income neighborhoods;
(12) Congress must act before the start of the
decennial census to guarantee that additional fund-
ing will be available in the event that the Bureau of
the Census is forced to devote additional resources
to obtain an accurate count; and
(13) if Congress fails to so act, the result may
be a less accurate decennial census that dispropor-
tionately harms our Nation’s minorities, children,
and urban and rural poor.
SEC. 2. ADDITIONAL FUNDS.
(a) IN GENERAL.—For necessary expenses to con-
duct the 2000 decennial census, there is appropriated, out
of any money in the Treasury not otherwise appropriated,
an additional $100,000,000 for fiscal year 2000, to re-
main available until expended.
(b) CONDITION.—The amount appropriated under
this Act shall be available for obligation or expenditure
only if, and to the extent that, the Secretary of Commerce
first submits to Congress a written determination (sup-
ported by specific findings) that—
(1) those funds are necessary to obtain an accu-
rate and timely 2000 decennial census; and
(2) sufficient funds are not otherwise available
for the purposes involved.
SEC. 3. PROVISIONS TO PROMOTE THE RECRUITMENT OF
TEMPORARY CENSUS EMPLOYEES.
(a) DEFINITIONS.—For purposes of this section—
(1) the term ‘‘2000 census position’’ means a
temporary position in the Bureau of the Census es-
tablished for purposes relating to the 2000 decennial
census;
(2) the term ‘‘temporary’’ is used in the same
way as described in section 24(b) of title 13, United
States Code;
(3) the term ‘‘census’’ means a census of popu-
lation within the meaning of section 141(g) of title
13, United States Code;
(4) the terms ‘‘uniformed services’’ and ‘‘Sec-
retary concerned’’ have the meanings given those
terms by section 101 of title 37, United States Code;
and
(5) the term ‘‘voluntary separation incentive
payment’’ includes such a payment, whether offered
on a Governmentwide basis or otherwise.
(b) AUTHORIZATION FOR MEMBERS OF UNIFORMED
SERVICES
TO
HOLD
TEMPORARY
CENSUS
EMPLOY-
MENT.—A member of the uniformed services, with the ap-
proval of the Secretary concerned, may be appointed to
and compensated for service in a 2000 census position
without regard to the member’s duty status, including sta-
tus on active duty. Such an appointment, if accepted, shall
not affect the member’s status in the member’s uniformed
service or the member’s pay and allowances as such a
member.
(c) TEMPORARY CENSUS EMPLOYMENT NOT TO AF-
FECT RIGHT TO RETAIN A VOLUNTARY SEPARATION IN-
CENTIVE PAYMENT.—The acceptance of an appointment
to a 2000 census position shall not be taken into account
for purposes of applying section 3(d) of Public Law 103–
226 or any similar provision of law, rule, or regulation
requiring the repayment of a voluntary separation incen-
tive payment by reason of an individual’s accepting reem-
ployment with the Government.
(d) COMPENSATION FOR SERVICE AS A TEMPORARY
CENSUS EMPLOYEE NOT TO CAUSE INELIGIBILITY FOR
OR ANY REDUCTION IN CERTAIN BENEFITS.—
(1) IN GENERAL.—Notwithstanding any other
provision of law, the earning or receipt by an indi-
vidual of compensation for service performed by such
individual in a 2000 census position shall not have
the effect of causing—
(A) such individual or any other individual
to become ineligible for any benefits described
in paragraph (2); or
(B) a reduction in the amount of any bene-
fits described in paragraph (2) for which such
individual or any other individual would other-
wise be eligible.
(2) BENEFITS
DESCRIBED.—This subsection
shall apply with respect to benefits provided under
any Federal program or under any State or local
program financed in whole or in part with Federal
funds.
(3) RULE OF CONSTRUCTION.—Nothing in this
subsection shall be considered to apply with respect
to the Internal Revenue Code of 1986.
(e) APPLICABILITY.—Subsections (b) and (c) shall
apply with respect to an appointment to a 2000 census
position accepted after the date of enactment of this Act
and before January 1, 2001. Subsection (d) shall apply
with respect to compensation for service performed in a
2000 census position after the date of enactment of this
Act and before January 1, 2001.
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