[House Report 106-104]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
 1st Session            HOUSE OF REPRESENTATIVES                 106-104

=======================================================================

 
                DECENNIAL CENSUS IMPROVEMENT ACT OF 1999

                                _______
                                

 April 26, 1999.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. Burton of Indiana, from the Committee on Government Reform, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 683]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Government Reform, to whom was referred the 
bill (H.R. 683) to facilitate the recruitment of temporary 
employees to assist in the conduct of the 2000 decennial census 
of population, having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.

                                CONTENTS

                                                                   Page
  I. Summary of the Legislation.......................................2
 II. Background and Need for Legislation..............................3
III. Legislative Hearing and Committee Actions........................3
 IV. Committee Hearing and Written Testimony..........................3
  V. Explanation of the Bill--Section by Section Analysis.............3
 VI. Compliance with Rule XI..........................................4
VII. Budget Analysis and Projections..................................4
VIII.Cost Estimate of the Congressional Budget Office.................5

 IX. Specific Constitutional Authority for this Legislation...........9
  X. Committee Recommendation.........................................9
 XI. Congressional Accountability Act; Public Law 104-1 Section 
     102(b)(3)........................................................9
XII. Unfunded Mandates Reform Act; Public Law 104-4, Section 423.....10
XIII.Federal Advisory Committee Act (5 U.S.C. App.) Section 5(B).....10

XIV. Changes in Existing Law.........................................10

    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Decennial Census Improvement Act of 
1999''.

SEC. 2. FINDINGS.

    The 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 Representatives among the several States;
          (2) information collected through a decennial census is also 
        used to determine--
                  (A) the boundaries of congressional districts within 
                States;
                  (B) the boundaries of the districts for the 
                legislature of each State and the boundaries of other 
                political subdivisions within the States; and
                  (C) the allocation of billions of dollars of Federal 
                and State funds;
          (3) the Constitution requires that those enumerations be made 
        in such manner as the Congress ``shall by law direct'';
          (4) in the 1990 decennial census, the Bureau of the Census 
        used a combination of mail questionnaires and personal 
        interviews, involving more than 350,000 enumerators, to collect 
        the census data; and
          (5) in 1993, the Bureau concluded that legislation providing 
        that pay for temporary census enumerators in the 2000 decennial 
        census not be used to reduce benefits under Federal assistance 
        programs would make it easier for the Bureau to hire 
        neighborhood people as temporary census enumerators in low-
        income neighborhoods.

SEC. 3. MEASURES TO FACILITATE THE RECRUITMENT OF TEMPORARY EMPLOYEES.

    (a) Purposes for Which Compensation Shall Not Be Taken Into 
Account.--(1) Section 23 of title 13, United States Code, is amended by 
adding at the end the following:
    ``(d)(1) As used in this subsection, the term `temporary census 
position' shall mean a temporary position within the Bureau, 
established for purposes relating to the 2000 census (as determined 
under regulations which the Secretary shall prescribe).
    ``(2) Notwithstanding any other provision of law, the earning or 
receipt by an individual of compensation for service performed by such 
individual in a temporary 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 (3)(A); or
          ``(B) a reduction in the amount of any benefits described in 
        paragraph (3)(A) for which such individual or any other 
        individual would otherwise be eligible.
    ``(3) This subsection--
          ``(A) 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;
          ``(B) shall apply only with respect to compensation for 
        service performed during calendar year 2000; and
          ``(C) shall not apply if the individual performing the 
        service involved was first appointed to a temporary census 
        position (whether such individual's then current position or a 
        previous one) before January 1, 2000.''.
    (2) Nothing in the amendment made by paragraph (1) shall be 
considered to apply with respect to Public Law 101-86 (as amended by 
subsection (b)) or the Internal Revenue Code of 1986.
    (b) Exemption From Provisions Relating to Reemployed Annuitants and 
Former Members of the Uniformed Services.--Public Law 101-86 (13 U.S.C. 
23 note) is amended--
          (1) in section 1(b) and the long title by striking ``the 1990 
        decennial census'' and inserting ``the 2000 decennial census''; 
        and
          (2) in section 4 by striking ``December 31, 1990.'' and 
        inserting ``December 31, 2000.''.

SEC. 4. DEFINITIONS.

    For purposes of this Act--
          (1) the term ``census'' means a census of population within 
        the meaning of section 141(g) of title 13, United States Code; 
        and
          (2) the term ``Bureau'' means the Bureau of the Census.

                     I. Summary of the Legislation

    H.R. 683 allows individuals working on a temporary basis in 
a position related to the 2000 Decennial Census to remain 
eligible for public assistance at the Federal, State, and local 
level in those programs that are at least partially funded by 
the Federal government.

                II. Background and Need for Legislation

    Historically, the decennial census misses more minorities 
and inner-city residents than non-minorities and suburban/rural 
residents. An important method in resolving this problem is to 
hire enumerators to work in the areas in which they reside. One 
of the reasons for the undercount, especially in poor and 
immigrant communities, is suspicion of strangers working for 
the government asking questions. In order to facilitate 
community-based enumeration, this legislation will remove the 
possibility that those on public assistance will lose benefits 
when taking a temporary position working on the decennial 
census. The benefit of this legislation will be an increase in 
the number of enumerators working in the inner city who are 
familiar with the area and its residents. A similar law was 
enacted for the 1990 Census for members of the armed services 
and reemployed annuitants.

             III. Legislative Hearing and Committee Actions

    The Honorable Carrie Meek (D-FL) introduced H.R. 683 on 
February 10, 1999. The bill was referred to the House Committee 
on Government Reform on February 10, 1999, and it was referred 
to the Subcommittee on the Census on February 22, 1999. The 
subcommittee met to consider the bill on March 4, 1999. The 
Honorable Dan Miller (R-FL) offered an amendment, which was 
approved by a voice vote. The amendment prevents a reduction in 
benefits but does not prevent recipients from receiving an 
increase in benefits. Individuals are only eligible for 
services performed during calendar year 2000, and the waiver 
does not apply if the individual was appointed before January 
1, 2000. The waiver of compensation for benefits has no effect 
on the Internal Revenue Code of 1986. The measure, as amended, 
was ordered favorably reported to the full Committee by a voice 
vote. On March 17, 1999, the Committee on Government Reform met 
to consider the bill. The committee approved the bill by roll 
call vote. The bill was then favorably reported to the House.

              IV. Committee Hearing and Written Testimony

    On March 2, 1999, the Subcommittee on the Census held a 
hearing on the America Counts Today (ACT) initiative. There 
were two witnesses at the hearing: Dr. Kenneth Prewitt, 
Director, U.S. Bureau of the Census and the Honorable Carrie 
Meek (D-FL). Dr. Prewitt indicated that the Census Bureau 
readily embraces this waiver initiative. Mrs. Meek supports the 
legislation and indicated that by granting waivers for those on 
Federal assistance should both encourage those on assistance to 
work for the census, and result in an improved count in the 
decennial census.

        V. Explanation of the Bill--Section-by-Section Analysis

    Sec. 1. Short title. This section provides that the Act may 
be cited as the ``Decennial Census Improvement Act of 1999.''
    Sec. 2. Findings. The findings relate to the fact that the 
decennial census plays an important role in (a) the 
apportionment of seats in the U.S. House of Representatives, 
(b) the drawing of boundaries for congressional and state 
legislative districts, and (c) the allocation of billions of 
Federal dollars. In 1990, the Census Bureau hired more than 
350,000 enumerators to collect census data. Further, in 1993 
the Bureau concluded that legislation providing that pay for 
temporary employees not be used to reduce public assistance 
would make it easier for the Bureau to hire neighborhood people 
as enumerators in low income neighborhoods.
    Sec. 3. Measures to Facilitate the Recruitment of Temporary 
Employees. Subsection (a) amends section 23 of title 13, United 
States Code, by adding at the end that compensation, performed 
by an individual who is appointed by the Secretary of Commerce 
to a temporary position in relation to the 2000 decennial 
census, must not be taken into account when determining the 
individual's eligibility or amount of benefits under any 
Federal, State, or local program financed in whole or in part 
with Federal funds.
    This subsection prevents a reduction in benefits but does 
not prevent recipients from receiving an increase in benefits. 
Individuals are only eligible for services performed during 
calendar year 2000, and the waiver does not apply if the 
individual was appointed before January 1, 2000. The waiver of 
compensation for benefits has no effect on the Internal Revenue 
Code of 1986.
    Subsection (b) amends Public Law 101-86 (13 U.S.C. 23 note) 
to provide for an exemption from provisions relating to 
reemployed annuitants and former members of the uniformed 
services. The amendment would strike in section 1(b) ``the 1990 
decennial census'' and insert ``the 2000 decennial census''. 
Furthermore, in section 4, the amendment would strike 
``December 31, 1990'' and insert ``December 31, 2000''.

                      VI. Compliance with Rule XI

    Pursuant to rule XI, clause 2(l)(3) of the Rules of the 
House of Representatives, under the authority of rule X, clause 
2(b)(1) and clause 3(f), the results and findings from 
committee oversight are incorporated in the bill and this 
report.

                  VII. Budget Analysis and Projections

    The budget analysis and projections required by section 
308(a) of the Congressional Budget Act of 1974 are contained in 
the estimate of the Congressional Budget Office.

         VIII. Cost Estimate of the Congressional Budget Office

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, April 21, 1999.
Hon. Dan Burton,
Chairman, Committee on Government Reform,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 683, Decennial 
Census Improvement Act of 1999.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Valerie 
Baxter.
            Sincerely,
                                          Barry B. Anderson
                       (For Dan L. Crippen, Director).I21Enclosure.

H.R. 683--Decennial Census Improvement Act of 1999

    Summary: H.R. 683 would require benefit programs funded in 
whole or in part by the federal government to disregard income 
earned by temporary census workers in determining eligibility 
and benefits. CBO estimates that this bill would cost a total 
of $24 million in fiscal years 2000 and 2001.
    H.R. 683 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA), 
but CBO estimates that states would spend additional amounts 
for public assistance programs.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 683 is shown in the following table. 
The costs of this legislation fall within budget functions 550 
(Health), 600 (Income Security), and 650 (Social Security).

       TABLE 1.--ESTIMATED EFFECTS OF H.R. 683 ON DIRECT SPENDING
------------------------------------------------------------------------
                                  By fiscal year, in millions of dollars
                                 ---------------------------------------
                                   2000    2001    2002    2003    2004
------------------------------------------------------------------------
                       Changes in direct spending
Temporary Assistance for Needy
 Families:
    Estimated Budget Authority..       0       0       0       0       0
    Estimated Outlays...........       5       1       0       0       0
Food Stamp Program:
    Estimated Budget Authority..       8       3       0       0       0
    Estimated Outlays...........       8       3       0       0       0
Medicaid:
    Estimated Budget Authority..       3       1       0       0       0
    Estimated Outlays...........       3       1       0       0       0
State Children's Health
 Insurance Program:
    Estimated Budget Authority..       0       0       0       0       0
    Estimated Outlays...........       1   (\1\)       0       0       0
Social Security: \2\
    Estimated Budget Authority..       1       1       0       0       0
    Estimated Outlays...........       1       1       0       0       0
                                 ---------------------------------------
Total Changes:
    Estimated Budget Authority..      12       5       0       0     008
    Estimated Outlays...........      18       6       0       0       0
------------------------------------------------------------------------
\1\ Less than $500,000.
\2\ Off-budget.

    Basis of estimate: During each decennial census, the Census 
Bureau hires temporary workers to do local enumeration and 
other tasks. Based on discussions with staff from the 
Department of Commerce, CBO estimates that about 485,000 
temporary positions will be filled in calendar year 2000. The 
majority of those positions will be for enumeration and will 
last about six weeks. H.R. 683 would allow federally funded 
programs to disregard the income earned from this employment, 
between $10 and $15 an hour, for eligibility and benefit 
determinations for calendar year 2000. The income disregard 
would apply only toindividuals hired on or after January 1, 
2000. CBO estimates that the average total income earned by these 
workers will be $2,300 over six weeks. Most of these positions would be 
filled in fiscal year 2000, although CBO estimates that 25 percent of 
the costs would occur in fiscal year 2001.

Temporary assistance for needy families

    Out of about 80,000 temporary positions already filled in 
the planning stages of the decennial census, the Census Bureau 
has hired about 4,000 recipients of Temporary Assistance for 
Needy Families (TANF), or 5 percent of the total positions. 
Given the large number of positions that will need to be filed 
in 2000, CBO expects that this percentage will decrease to 
about 2.5 percent, or 12,000, of the total temporary positions. 
Under the proposed legislation, individuals who have already 
held a temporary position are not eligible for the income 
exclusion. CBO expects that about half of the TANF recipients 
who worked in the planning stages of the census--2000 
recipients--will be rehired for enumeration; therefore, CBO 
assumes 10,000 new TANF recipients will be hired in calendar 
year 2000.
    With the income earned by these temporary workers, the 
average TANF recipient would otherwise be ineligible for TANF 
benefits for two months. The average monthly TANF benefit is 
about $375, so total TANF spending would increase by about $8 
million. The federal share of TANF spending is fixed for each 
year, but most states are not spending all the TANF funds 
available to them and have accumulated a surplus of federal 
funds. The additional TANF spending would cause states to 
accelerate their use of federal dollars. CBO estimates that 
federal outlays would accelerate by 75 percent of the 
additional cost, or $6 million. States would pay the remaining 
$2 million out of their own funds.

Food stamps

    According to administrative data, slightly more than one-
third of Food Stamp households receive TANF benefits. CBO 
therefore assumes there will be three times as many Food Stamp 
recipients working in temporary census positions as TANF 
recipients, or about 30,000 recipients. The earnings from the 
temporary employment would otherwise make the average recipient 
ineligible for food stamps for two months. The average monthly 
household benefit in the Food Stamp program is projected to be 
about $180 in 2000, resulting in $11 million in additional Food 
Stamp benefits.

Medicaid

    Medicaid eligibility rules for children and parents vary 
across states. Adults and children who receive TANF generally 
are eligible for Medicaid. Although an increase in earnings 
would otherwise make TANF recipients ineligible for TANF 
benefits, Medicaid recipients subject to the same income and 
resource requirements would be permitted to retain Medicaid 
coverage for at least six months under current law. Therefore, 
the bill would not affect Medicaid spending for people with 
welfare-related coverage who have temporary census earnings.
    At higher income levels, children and some adults be 
eligible for Medicaid benefits due to federally-mandated 
expansions and state decisions to cover people at higher income 
levels. Therefore, in many families, increases in household 
income could make children and parents ineligible for Medicaid, 
even if some of that income is disregarded. CBO analysis of 
data from the March Current Population Survey (CPS) suggests 
that about one-quarter of Medicaid beneficiaries in those 
families would lose eligibility for Medicaid with a change in 
monthly income equal to amounts available from temporary census 
employment.
    CBO expects that about 50,000 temporary census jobs will be 
held by people who are not poor enough to qualify for TANF, but 
have children who would be eligible for Medicaid under current 
law in the absence of any change in parental income. That 
number is based on the relative size of projected enrollment in 
Medicaid and Food Stamps. CBO estimates that 10,000 of those 
census workers would also be eligible for Medicaid coverage in 
the absence of any change in their income.
    Based on analysis of the CPS, CBO estimates that 20 percent 
of the temporary census workers eligible for Medicaid for their 
children, or for their children and themselves, will earn 
enough to discontinue that eligibility. However, about 30 
percent of those workers live in states where their children's 
eligibility will be preserved because the state requires 12 
months of continuous eligibility for Medicaid. Therefore, CBO 
estimates that about 13,000 children (based on the assumption 
of 1.8 children per family) and 2,000 adults would lose 
Medicaid eligibility under current law. The bill would 
reinstate Medicaid coverage, thereby increasing federal 
spending by $4 million in 2000 and $1 million in 2001.

State children's health insurance program

    CBO estimates that 25,000 temporary census workers will 
have children who would be eligible for the State Children's 
Health Insurance Program (S-CHIP) in the absence of achange in 
parental income. This number is based on the relative size of projected 
enrollment in S-CHIP and Medicaid. Based on the analysis of the effects 
of the bill on Medicaid enrollment, CBO estimates that about 8,000 of 
those workers will earn enough to discontinue coverage for their 
children under S-CHIP. Under the bill, 14,000 children who otherwise 
will lose S-CHIP benefits would retain benefits.
    At the same time, some children losing Medicaid coverage 
due to temporary census earnings would become eligible under S-
CHIP's higher income standards in the absence of legislation. 
CBO estimates that 7,000 children losing Medicaid eligibility 
will qualify for S-CHIP under current law. Therefore, under the 
bill those children will retain Medicaid coverage. Overall, 
spending for S-CHIP would increase by $1 million in 2000.

Social Security

    Temporary workers under 70 years of age would be able to 
exclude their census earnings from the Social Security earnings 
test. Under current law, when a Social Security recipient 
between the ages of 65 and 69 earns more than the annual exempt 
level of earnings, the recipient's benefits are reduced by $1 
for every $3 earned. The March 1997 Current Population Survey 
indicates that 8 percent of part-time and part-year workers are 
at lease 65 years of age. CBO assumes that about 10 percent of 
the temporary census workforce (or 49,000 workers) will be over 
age 65. Based on the age distribution of employees paying 
Social Security payroll taxes, CBO assumes 60 percent of these 
employees, or 29,000 individuals, will be between 65 and 69 
years of age. Ninety percent of these older workers are assumed 
to be eligible for Social Security Benefits. When combined with 
earnings from other sources, the earnings from the temporary 
employment would cause about 8 percent of these workers to have 
incomes above the annual income limit of $17,000 in 2000. As a 
result, there would be about $5 million in earnings and that 
would have been subject to the earnings offset, leading at $2 
million in additional benefits. The increased federal outlays 
of $1 million each year in 2000 and 2001 would be off-budget 
and not subject to pay-as-you-go rules.

Other programs

    The Census Bureau has already secured waivers from 
Department of Housing and Urban Development to exclude 
temporary census income for recipients of public housing and 
American Indian housing assistance. The Bureau also has a 
similar waiver for federal civilian and military retirees. 
Because these waivers are already in place, the bill would not 
impose new costs in these programs.
    Pay-as-you-go considerations: Section 252 of the Balanced 
Budget and Emergency Deficit Control Act of 1985 sets up pay-
as-you-go procedures for legislation affecting direct spending 
or receipts The net changes in outlays and governmental 
receipts that are subject to pay-as-you-go procedures are shown 
in the following table. For the purposes of enforcing pay-as-
you-go procedures, only the effects in the budget year and the 
succeeding four years are counted.

                                                 TABLE 2.--SUMMARY OF PAY-AS-YOU-GO EFFECTS OF H.R. 683
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                          By fiscal year, in millions of dollars
                                                                 ---------------------------------------------------------------------------------------
                                                                   1999    2000    2001    2002    2003    2004    2005    2006    2007    2008    2009
--------------------------------------------------------------------------------------------------------------------------------------------------------
Changes in outlays..............................................       0      17       5       0       0       0       0       0       0       0       0
Changes in receipts.............................................   (\1\)   (\1\)   (\1\)   (\1\)   (\1\)   (\1\)   (\1\)   (\1\)   (\1\)   (\1\)  (\1\)
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Not applicable.

    Intergovernmental and private-sector impact: Although the 
bill contains no intergovernmental or private-sector mandates 
as defined in UMRA, states would likely spend additional 
amounts for pubic assistance programs because individuals would 
maintain their eligibility regardless of their employment with 
the Census. State expenditures on Medicaid would increase by 
approximately $2 million in 2000 and by less than $1 million in 
2001. Although the eligibility change would increase the 
stringency of conditions in the Medicaid program, states have 
sufficient flexibility to alter their financial and 
programmatic responsibilities to accommodate the change.
    In addition CBO estimates that states would choose to spend 
about $2 million in state funds to over the costs of continued 
eligibility for TANF recipients. Finally, the state match for 
S-CHIP would result in about $1 million in additional costs.
    Estimate prepared by: Temporary assistance for needy 
families: Sheila Dacey. Food stamps: Valerie Baxter. Medicaid: 
Jeanne De Sa and Dottie Rosenbaum. Social Security: Kathy 
Ruffing. Impact on state, local, and tribal governments: Leo 
Lex. Impact on the private sector: John Harris.
    Estimate approved by: Paul N. Van de Water, Assistant 
Director for Budget Analysis.

       IX. Specific Constitutional Authority for this Legislation

    Clauses 1 and 18 of Article 1, Sec. 8, and Article 1, Sec. 
2 of the Constitution grant Congress the power to enact this 
law.

                      X. Committee Recommendation

    On March 17, 1999, a quorum being present, the Committee on 
Government Reform ordered the bill favorably reported.
    Date: March 17, 1999.
    Summary: Final Passage of H.R. 683.
    Offered by: Hon. Dan Miller.
    Approved by Record Vote, 31 Ayes to 1 Nay.
    Vote by Members: Mr. Burton--Aye; Mr. Gilman--Not voting; 
Mrs. Morella--Aye; Mr. Shays--Not voting; Ms. Ros-Lehtinen--
Aye; Mr. McHugh--Not voting; Mr. Horn--Aye; Mr. Mica--Aye; Mr. 
Davis of Virginia--Aye; Mr. McIntosh--Not voting; Mr. Souder--
Aye; Mr. Scarborough--Aye; Mr. LaTourette--Not voting; Mr. 
Sanford--Not voting; Mr. Barr--Aye; Mr. Miller--Aye; Mr. 
Hutchinson--Aye; Mr. Terry--Aye; Mrs. Biggert--Aye; Mr. 
Walden--Aye; Mr. Ose--Aye; Mr. Ryan--Nay; Mr. Doolittle--Not 
voting; Mrs. Chenoweth--Not voting; Mr. Waxman--Aye; Mr. 
Lantos--Aye; Mr. Wise--Aye; Mr. Owens--Aye; Mr. Towns--Aye; Mr. 
Kanjorski--Not voting; Mrs. Mink--Aye; Mr. Sanders--Not voting; 
Mrs. Maloney--Aye; Ms. Norton--Aye; Mr. Fattah--Aye; Mr. 
Cummings--Aye; Mr. Kucinich--Aye; Mr. Blagojevich--Aye; Mr. 
Davis of Illinois--Aye; Mr. Tierney--Not voting; Mr. Turner--
Aye; Mr. Allen--Aye; Mr. Ford--Not voting; Ms. Schakowsky--Aye.

    XI. Congressional Accountability Act; Public Law 104-1 Section 
                               102(b)(3)

    H.R. 683 requires the Secretary of Commerce to facilitate 
the recruitment of temporary employees to assist in the conduct 
of the 2000 Decenial Census of population. The Act does not 
apply to the House of Representatives or to the Senate, thus 
H.R. 683 does not apply to Congress.

    XII. Unfunded Mandates Reform Act; Public Law 104-4, Section 423

    The Committee finds that the legislation does not impose 
any Federal mandates within the meaning of section 423 of the 
Unfunded Mandates Reform Act (PL104-4).

   XIII. Federal Advisory Committee Act (5 U.S.C. App.) Section 5(B)

    The Committee finds that section 5(b) of Title 5 App., 
United States Code, is not applicable because this legislation 
does not authorize the establishment of any advisory committee.

       XIV. Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

               SECTION 23 OF TITLE 13, UNITED STATES CODE


Sec. 23. Additional officers and employees

      (a) * * *

           *       *       *       *       *       *       *

  (d)(1) As used in this subsection, the term ``temporary 
census position'' shall mean a temporary position within the 
Bureau, established for purposes relating to the 2000 census 
(as determined under regulations which the Secretary shall 
prescribe).
  (2) Notwithstanding any other provision of law, the earning 
or receipt by an individual of compensation for service 
performed by such individual in a temporary 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 
        (3)(A); or
          (B) a reduction in the amount of any benefits 
        described in paragraph (3)(A) for which such individual 
        or any other individual would otherwise be eligible.
  (3) This subsection--
          (A) 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;
          (B) shall apply only with respect to compensation for 
        service performed during calendar year 2000; and
          (C) shall not apply if the individual performing the 
        service involved was first appointed to a temporary 
        census position (whether such individual's then current 
        position or a previous one) before January 1, 2000.

                              ----------                              


                         ACT OF AUGUST 16, 1989

   AN ACT To provide that a Federal annuitant or former member of a 
uniformed service who returns to Government service, under a temporary 
appointment, to assist in carrying out the [1990] 2000 decennial census 
   of population shall be exempt from certain provisions of title 5, 
  United States Code, relating to offsets from pay and other benefits.

SECTION 1. DEFINITIONS; DESCRIPTION OF TEMPORARY POSITIONS.

  (a) * * *
  (b) Description of Temporary Positions.--This Act applies 
with respect to service in any temporary position within the 
Bureau of the Census established for purposes relating to the 
[1990] 2000 decennial census of population (as determined under 
regulations which the Secretary of Commerce shall prescribe).

           *       *       *       *       *       *       *


SEC. 4. APPLICABILITY.

  This Act applies with respect to appointments made on or 
after the date of enactment of this Act, but does not apply 
with respect to any service performed after December 31, [1990] 
2000.

                                
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