I
105TH CONGRESS
2D SESSION
H. R. 4620
To establish a Federal Commission on Statistical Policy to study the reorga-
nization of the Federal statistical system, to provide uniform safeguards
for the confidentiality of information acquired for exclusively statistical
purposes, and to improve the efficiency of Federal statistical programs
and the quality of Federal statistics by permitting limited sharing of
records among designated agencies for statistical purposes under strong
safeguards.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 24, 1998
Mr. HORN introduced the following bill; which was referred to the Committee
on Government Reform and Oversight, and in addition to the Committees
on Education and the Workforce, and Rules, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
A BILL
To establish a Federal Commission on Statistical Policy to
study the reorganization of the Federal statistical sys-
tem, to provide uniform safeguards for the confidentiality
of information acquired for exclusively statistical pur-
poses, and to improve the efficiency of Federal statistical
programs and the quality of Federal statistics by permit-
ting limited sharing of records among designated agen-
cies for statistical purposes under strong safeguards.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Statistical Consolidation Act of 1998’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—FEDERAL COMMISSION ON STATISTICAL POLICY
Sec. 101. Establishment.
Sec. 102. Duties of Commission.
Sec. 103. Powers.
Sec. 104. Commission procedures.
Sec. 105. Personnel matters.
Sec. 106. Other administrative provisions.
Sec. 107. Fast-track procedures for statistical reorganization bill.
Sec. 108. Authorization of appropriations.
TITLE II—EFFICIENCY AND CONFIDENTIALITY OF FEDERAL
STATISTICAL SYSTEMS
Sec. 201. Definitions.
Sec. 202. Designation of Statistical Data Centers.
Sec. 203. Statistical Data Center responsibilities.
Sec. 204. Limitations on use and disclosure of data and information by Statis-
tical Data Centers.
Sec. 205. Disclosure of data or information by Federal agencies to Statistical
Data Centers.
Sec. 206. Statistical Data Center successors.
Sec. 207. Coordination and oversight by Office of Management and Budget.
Sec. 208. Effect on other laws.
Sec. 209. Disclosure penalties.
Sec. 210. Proposed changes in law.
TITLE I—FEDERAL COMMISSION
ON STATISTICAL POLICY
SEC. 101. ESTABLISHMENT.
(a) ESTABLISHMENT.—There is hereby established a
commission to be known as the ‘‘Federal Commission on
Statistical Policy’’ (in this title referred to as the ‘‘Com-
mission’’).
(b) COMPOSITION OF COMMISSION.—The Commis-
sion shall be composed of eight members as follows:
(1) One member appointed by the President
who—
(A) is an officer of Cabinet rank; and
(B) shall serve as the Chairman of the
Commission for a term of four years.
(2) One member appointed by the President
who—
(A) shall possess the qualifications referred
to in subsection (c); and
(B) shall be appointed for a term of four
years, except that the member first appointed
shall be appointed for a term of two years.
(3) Three members appointed by the Speaker of
the House of Representatives, in consultation with
the majority leader and minority leader of the House
of Representatives—
(A) who shall possess the qualifications re-
ferred to in subsection (c);
(B) not more than two of whom may be of
the same political party; and
(C) who shall be appointed for a term of
four years, except that, of the members first ap-
pointed, two shall be appointed for a term of
two years.
(4) Three members appointed by the President
pro tempore of the Senate, in consultation with the
majority leader and minority leader of the Senate—
(A) who shall possess the qualifications re-
ferred to in subsection (c);
(B) not more than two of whom may be of
the same political party; and
(C) who shall be appointed for a term of
four years, except that, of the members first ap-
pointed, two shall be appointed for a term of
two years.
(c) QUALIFICATIONS OF COMMISSION MEMBERS.—
(1) Members appointed to the Commission shall possess
two or more of the following qualifications:
(A) Extensive experience relating to the Bureau
of the Census, the Bureau of Economic Analysis, or
the Bureau of Labor Statistics.
(B) Extensive experience managing large com-
plex organizations or reorganizing large complex or-
ganizations.
(C) Extensive experience with the sources, anal-
ysis, and uses of statistical information.
(2) A Commission member shall not be an officer or
employee of the United States, except as provided in sub-
section (b)(1).
(d) CONSULTATION BEFORE APPOINTMENTS.—In
making appointments under subsection (b), the President,
the Speaker of the House of Representatives, and the
President pro tempore of the Senate shall consult with ap-
propriate professional organizations, including the Amer-
ican Economic Association, the American Statistical Asso-
ciation, the National Academy of Sciences, the National
Academy of Public Administration, the American Public
Health Association, the American Sociological Association,
the American Political Science Association, the National
Governors Association, the United States Conference of
Mayors, and the Conference Board.
(e) DEADLINE FOR APPOINTMENT.—Members shall
be appointed to the Commission not later than four
months after the date of the enactment of this Act.
SEC. 102. DUTIES OF COMMISSION.
(a) STUDY
AND REPORT.—The Commission shall
study and, not later than 18 months after the date of the
enactment of this Act, submit to Congress a written report
on the Federal statistical system including—
(1) recommendations on whether and how the
Federal statistical system could be reorganized by
consolidating the statistical functions of agencies
that carry out statistical programs;
(2) recommendations on whether and how to
consolidate the Bureau of Labor Statistics, the Bu-
reau of the Census, and the Bureau of Economic
Analysis by October 1, 2001 (or by a date after that
date), in a Federal Statistical Service;
(3) recommendations on how the consolidation
described in paragraph (2) may be achieved without
disruption in the release of statistical products;
(4) recommendations on whether the functions
of other agencies that carry out statistical programs
should be transferred to a Federal Statistical Serv-
ice;
(5) recommendations on whether the functions
of the Bureau of the Census relating to decennial
censuses of population should be delineated from the
other functions of the Bureau and, if so, rec-
ommendations on how such a delineation of func-
tions might be achieved;
(6) any other recommendations regarding how
the Federal statistical system could be reorganized
to achieve greater efficiency, improve quality, timeli-
ness, and adaptability to change; and
(7) recommendations on possible improvements
to procedures for the release of major economic and
social indicators by the United States.
(b) STATISTICAL REORGANIZATION BILL.—(1) If the
written report submitted to Congress under subsection (a)
contains recommendations on the consolidation of the Bu-
reau of Labor Statistics, the Bureau of the Census, and
the Bureau of Economic Analysis in a Federal Statistical
Service, the report shall contain draft legislation incor-
porating such recommendations pursuant to subsection
(a)(2).
(2) Draft legislation shall be circulated for comment
to the President, the Senate, and the House of Represent-
atives for a period of 30 days.
(3) Draft legislation submitted to Congress under
this subsection shall be limited to implementation of rec-
ommendations for the consolidation or reorganization of—
(A) the Bureau of Labor Statistics, the Bureau
of Economic Analysis, and the Bureau of the Cen-
sus; or
(B) the Bureau of Labor Statistics, the Bureau
of Economic Analysis, the Bureau of the Census,
and other agencies or the functions of other agencies
that carry out statistical programs.
(4) Draft legislation submitted to Congress under
this subsection that would establish a Federal Statistical
Service shall—
(A) provide for an Administrator and Deputy
Administrator of the Federal Statistical Service, and
the creation of other officers as appropriate;
(B) contain a provision designating that the
Administrator and Deputy Administrator shall be
appointed by the President with the advice and con-
sent of the Senate for nonconcurrent terms to be de-
termined by the Commission;
(C) contain a provision designating the Admin-
istrator as a member of the Interagency Council on
Statistical 
Policy 
established 
under 
section
3504(e)(8) of title 44, United States Code; and
(D) be based on long-term policy, organiza-
tional, and statistical issues for the improvement of
statistical quality, timeliness, cost, and appropriate-
ness.
(c) TERMINATION OF COMMISSION.—If legislation es-
tablishing a Federal Statistical Service is not enacted by
the Congress on or before the date that is 18 months after
the date that the Commission submits its report to the
Congress under subsection (a), the Commission shall be
terminated.
(d) CONTINUING FUNCTIONS OF COMMISSION.—If
legislation establishing a Federal Statistical Service is en-
acted by the Congress pursuant to the fast-track proce-
dures in section 107, then the Commission shall—
(1) make recommendations for nominations for
the appointment of an Administrator and Deputy
Administrator, and make recommendations with re-
spect to the creation of, and nominations for, other
positions in the Federal Statistical Service;
(2) serve as an advisory body to the Federal
Statistical Service on confidentiality issues relating
to—
(A) the collection by, or sharing of data for
statistical purposes among, Federal agencies;
and
(B) the sharing of data for statistical pur-
poses among States, local governments, and the
Federal Government; and
(3) conduct comprehensive studies and submit
reports to Congress on all matters relating to the
Federal statistical infrastructure, including longitu-
dinal surveys conducted by private agencies and par-
tially funded by the Federal Government for the
purpose of identifying opportunities to improve the
quality of statistics in the United States. Such stud-
ies shall include—
(A) periodic evaluations and recommenda-
tions on the implementation of organizational
consolidation and data sharing in accordance
with this Act;
(B) a review and evaluation of the collec-
tion of data for purposes of administering such
programs as Old-Age, Survivors and Disability
Insurance and Unemployment Insurance under
the Social Security Act;
(C) a review and evaluation of the mission
and organization of various statistical agencies,
including—
(i) recommendations with respect to
statistical activities that should be ex-
panded or eliminated;
(ii) the order of priority such activities
should be carried out; and
(iii) recommendations on whether and
how other Federal statistical agencies or
the functions of other agencies that carry
out statistical programs should be trans-
ferred to a Federal Statistical Service;
(D) an examination of the methodology in-
volved in producing official data and rec-
ommendations for technical changes to improve
statistics;
(E) a review of interagency coordination of
statistical data and recommendations of meth-
ods to standardize collection procedures and
surveys, as appropriate, and presentation of
data throughout the Federal system;
(F) a review of information technology and
recommendations of appropriate methods for
disseminating statistical data, with special em-
phasis on resources such as the Internet that
allow the public to obtain information in a time-
ly and cost-effective manner;
(G) an identification and examination of
issues regarding individual privacy in the con-
text of statistical data;
(H) a comparison of the United States sta-
tistical system to statistical systems of other
nations for the purposes of identifying best
practices and developing a system of maintain-
ing best practices over time;
(I) a consideration of the coordination of
statistical data with other nations and inter-
national agencies, such as the Organization for
Economic Cooperation and Development;
(J) a recommendation of a strategy for
maintaining a modern and efficient Federal sta-
tistical infrastructure to produce meaningful in-
formation as the needs of the United States so-
ciety and economy change; and
(K) recommendations regarding the use of
statistical data in Federal funding formulas, the
presentation to the public of statistical data col-
lected by Federal agencies, and standards of ac-
curacy for statistical data used by Federal
agencies, including statistical data relating to—
(i) the national poverty level and
county poverty levels in the United States;
(ii) the Consumer Price Index;
(iii) the gross domestic product;
(iv) other indicators of economic activ-
ity, including rural and urban economic ac-
tivity, in the United States; and
(v) the decennial census.
(e) ESTABLISHMENT OF ADVISORY COMMITTEE.—If
legislation establishing a Federal Statistical Service is en-
acted by the Congress under the provisions of this Act,
then four years after such establishment, the Commission
shall become an advisory committee in accordance with the
Federal Advisory Committee Act (5 U.S.C. App.).
(f) DEFINITION OF FEDERAL STATISTICAL SERV-
ICE.—As used in this section, the term ‘‘Federal Statis-
tical Service’’ means an entity established after the date
of the enactment of this Act as an independent agency
in the executive branch, the purpose of which is to carry
out Federal statistical programs and to which the statis-
tical functions of the Bureau of Economic Analysis, the
Bureau of the Census, or the Bureau of Labor Statistics
are transferred.
SEC. 103. POWERS.
(a) HEARINGS
AND SESSIONS.—The Commission
may, for the purpose of carrying out this Act, hold hear-
ings, sit and act at times and places, take testimony, and
receive evidence as the Commission considers appropriate.
(b) OBTAINING
INFORMATION.—The Commission
may secure directly from any department or agency of the
United States information necessary to enable it to carry
out this Act. Upon request of the Chairman of the Com-
mission, the head of that department or agency shall fur-
nish that information to the Commission.
(c) CONTRACT AUTHORITY.—The Commission may
contract with and compensate government and private
agencies or persons without regard to section 3709 of the
Revised Statutes (41 U.S.C. 5).
SEC. 104. COMMISSION PROCEDURES.
(a) MEETINGS.—The Commission shall meet at the
call of the Chairman or a majority of its members.
(b) QUORUM.—A simple majority of the members of
the Commission shall constitute a quorum but a lesser
number may hold hearings.
(c) RULES.—The Commission shall, not later than 30
days after the first official meeting of the Commission,
adopt procedural rules for the Commission.
(d) DELEGATION OF AUTHORITY.—Any member or
agent of the Commission may, if authorized by the Com-
mission, take any action which the Commission is author-
ized to take by this Act.
SEC. 105. PERSONNEL MATTERS.
(a) PAY OF MEMBERS.—Except for the member ap-
pointed under section 101(b)(1), members of the Commis-
sion shall be entitled to receive the daily equivalent of the
rate of basic pay for level IV of the Executive Schedule
under section 5315 of title 5, United States Code, for each
day (including travel time) during which they are engaged
in the actual performance of duties vested in the Commis-
sion.
(b) TRAVEL EXPENSES.—Each member of the Com-
mission shall receive travel expenses, including per diem
in lieu of subsistence, in accordance with sections 5702
and 5703 of title 5, United States Code.
(c) STAFF.—The Commission may appoint and fix
the pay of personnel as it considers appropriate.
(d) APPLICABILITY
OF CERTAIN CIVIL SERVICE
LAWS.—Staff of the Commission may be appointed with-
out regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, and
may be paid without regard to the provisions of chapter
51 and subchapter III of chapter 53 of that title relating
to classification and General Schedule pay rates, except
that an individual so appointed may not receive pay in
excess of the highest basic rate of pay established for the
Senior Executive Service under section 5382 of such title.
SEC. 106. OTHER ADMINISTRATIVE PROVISIONS.
(a) POSTAL AND PRINTING SERVICES.— The Com-
mission may use the United States mails and obtain print-
ing and binding services in the same manner and under
the same conditions as other departments and agencies of
the United States.
(b) ADMINISTRATIVE SUPPORT SERVICES.—Upon
the request of the Commission, the Administrator of Gen-
eral Services shall provide to the Commission, on a reim-
bursable basis, the administrative support services nec-
essary for the Commission to carry out its responsibilities
under this Act.
(c) EXPERTS AND CONSULTANTS.—(1) The Commis-
sion may procure temporary and intermittent services
under section 3109(b) of title 5, United States Code.
(2) The Commission shall contract with the National
Academy of Sciences and the National Academy of Public
Administration for mutually agreeable expert and consult-
ative services.
SEC. 107. FAST-TRACK PROCEDURES FOR STATISTICAL RE-
ORGANIZATION BILL.
(a) RULES OF HOUSE OF REPRESENTATIVES AND
SENATE.—This section is enacted by the Congress—
(1) as an exercise of the rulemaking power of
the House of Representatives and the Senate, re-
spectively, and as such it shall be considered as part
of the rules of each House, respectively, or of that
House to which it specifically applies, and shall su-
persede other rules only to the extent that they are
inconsistent with this section; and
(2) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to such House) at any time, in the same
manner and to the same extent as in the case of
any other rule of that House.
(b) DEFINITION.—As used in this section, the term
‘‘statistical reorganization bill’’ means only a bill of either
House of Congress—
(1) that is substantially identical to the legisla-
tion submitted to Congress by the Commission
under section 102(b); and
(2) that is introduced as provided in subsection
(c).
(c) INTRODUCTION AND REFERRAL.—Within 15 leg-
islative days after the Commission submits to Congress
legislation under section 102(b), such legislation that is
substantially identical to the legislation shall be introduced
(by request) in the House by the majority leader of the
House of Representatives and shall be introduced (by re-
quest) in the Senate by the majority leader of the Senate.
Such bills shall be referred to the appropriate committee
in each House of Congress.
(d) AMENDMENTS PROHIBITED.—No amendment to
this statistical reorganization bill shall be in order in ei-
ther the House of Representatives or the Senate, and no
motion to suspend the application of this subsection shall
be in order in either House, nor shall it be in order in
either House to entertain a request to suspend the applica-
tion of this subsection by unanimous consent.
(e) PERIOD FOR COMMITTEE AND FLOOR CONSIDER-
ATION.—
(1) If the committee of either House to which
a statistical reorganization bill has been referred has
not reported it at the close of the 20th day after its
introduction, such committee shall be automatically
discharged from further consideration of the bill and
it shall be placed on the appropriate calendar. If
prior to the passage by one House of a statistical re-
organization bill of that House, that House receives
the same statistical reorganization bill from the
other House, then—
(A) the procedure in that House shall be
the same as if no statistical reorganization bill
had been received from the other House; but
(B) the vote on final passage shall be on
the statistical reorganization bill of the other
House.
(2) A vote on final passage of a statistical reor-
ganization bill shall be taken in each House on or
before the close of the 15th day after the bill is re-
ported by the committee or committees of that
House to which the bill was referred, or the 15th
day after such committee or committees have been
discharged from further consideration of the bill.
(3) For purposes of this subsection, in comput-
ing a number of days in either House, there shall be
excluded the days on which that House is not in ses-
sion because of an adjournment of more than 3 days
to a day certain or an adjournment of the Congress
sine die.
(f) FLOOR CONSIDERATION IN THE HOUSE.—
(1) A motion in the House of Representatives
to proceed to the consideration of a statistical reor-
ganization bill shall be highly privileged except that
a motion to proceed to consider may only be made
on the second legislative day after the calendar day
on which the Member making the motion announces
to the House his intention to do so. The motion to
proceed to consider is not debatable. An amendment
to the motion shall not be in order, nor shall it be
in order to move to reconsider the vote by which the
motion is agreed to or disagreed to.
(2) Debate on a statistical reorganization bill in
the House of Representatives shall be limited to not
more than 4 hours, which shall be divided equally
between those favoring and those opposing the bill.
The previous question on the statistical reorganiza-
tion bill shall be considered as ordered to final pas-
sage without intervening motion. It shall not be in
order to move to recommit a statistical reorganiza-
tion bill or to reconsider the vote by which a statis-
tical reorganization bill is agreed to or disagreed to.
(3) All appeals from the decisions of the Chair
relating to the application of the Rules of the House
of Representatives to the procedure relating to a sta-
tistical reorganization bill shall be decided without
debate.
(g) FLOOR CONSIDERATION IN THE SENATE.—
(1) A motion in the Senate to proceed to the
consideration of a statistical reorganization bill shall
be privileged and not debatable. An amendment to
the motion shall not be in order, nor shall it be in
order to move to reconsider the vote by which the
motion is agreed to or disagreed to.
(2) Debate in the Senate on a statistical reorga-
nization bill, and all debatable motions and appeals
in connection therewith, shall be limited to not more
than 10 hours. The time shall be equally divided be-
tween, and controlled by, the majority leader and the
minority leader or their designees.
(3) Debate in the Senate on any debatable mo-
tion or appeal in connection with a statistical reorga-
nization bill shall be limited to not more than 1
hour, to be equally divided between, and controlled
by, the mover and the manager of the bill, except
that in the event the manager of the bill is in favor
of any such motion or appeal, the time in opposition
thereto shall be controlled by the minority leader or
his designee. Such leaders, or either of them, may,
from time under their control on the passage of a
statistical reorganization bill, allot additional time to
any Senator during the consideration of any debat-
able motion or appeal.
(4) A motion in the Senate to further limit de-
bate is not debatable. A motion to recommit a statis-
tical reorganization bill is not in order.
SEC. 108. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Com-
mission such sums as may be necessary to carry out the
functions of the Commission.
TITLE II—EFFICIENCY AND CON-
FIDENTIALITY OF FEDERAL
STATISTICAL SYSTEMS
SEC. 201. DEFINITIONS.
As used in this title:
(1) The term ‘‘agency’’ means any Federal or-
ganization that falls within the definition of ‘‘execu-
tive agency’’ in section 102 of title 31, United States
Code, or within the definition of ‘‘agency’’ in section
3502 of title 44, United States Code.
(2) The term ‘‘agent’’ means a person des-
ignated by a Statistical Data Center (as designated
in section 202) to perform, either in the capacity of
a Federal employee or otherwise, exclusively statis-
tical activities authorized by law under the super-
vision or control of an officer or employee of that
Statistical Data Center, and who has agreed in writ-
ing to comply with all provisions of law that affect
information acquired by that Statistical Data Cen-
ter.
(3) The term ‘‘individually identifiable informa-
tion’’ or any information in an ‘‘identifiable form’’
means any representation of information that per-
mits information concerning an individual respond-
ent to be inferred by either direct or indirect means.
(4) The term ‘‘nonstatistical purpose’’ means
any purpose that is not a statistical purpose, and in-
cludes any administrative, regulatory, law enforce-
ment, adjudicatory, or other purpose that affects the
rights, privileges, or benefits of a particular identifi-
able respondent.
(5) The term ‘‘respondent’’ means a person,
corporation, or organization which is requested or
required to supply information to a statistical agen-
cy, who is the subject of information requested or re-
quired to be supplied to a statistical agency, or who
provides that information to a statistical agency.
(6) The term ‘‘statistical activities’’—
(A) means the collection, compilation,
processing, or analysis of data for the purpose
of describing or making estimates concerning
groups of respondents the whole of, or sub-
groups within, the economy, society, or the nat-
ural environment; and
(B) includes the development of methods
or resources that support those activities, such
as measurement methods, models, statistical
classifications, or sampling frames.
(7) The term ‘‘statistical purpose’’—
(A) means the description, estimation, or
analysis of the characteristics of groups without
regard to the identities of respondents that
comprise such groups; and
(B) includes the development, implementa-
tion, or maintenance of methods, technical or
tent and in the same manner as the provisions apply to
the officers and employees of the agency which originally
obtained the information.
(3) The officers, employees, and agents of the Statis-
tical Data Center to which the information is disclosed,
in addition, shall be subject to the same provisions of law,
including penalties, relating to the unlawful disclosure of
information that would apply to officers and employees of
that Statistical Data Center, if the information had been
collected directly by that Statistical Data Center.
SEC. 206. STATISTICAL DATA CENTER SUCCESSORS.
(a) DESIGNATION.—In the case of a reorganization
that eliminates, or substantially alters the mission or func-
tions of, an agency listed in section 202, the Director of
the Office of Management and Budget, after consultation
with the head of the agency proposing the reorganization,
may designate an agency or unit that shall serve as a suc-
cessor Statistical Data Center under the terms of this
title, if the Director determines that—
(1) the primary activities of the proposed Sta-
tistical Data Center are statistical activities specifi-
cally authorized by law;
(2) the proposed Statistical Data Center would
participate in data exchange activities that signifi-