105
ferred or appropriated to establish and maintain the
fund.
(5) TRANSFERS
TO
FUND.—There shall be
transferred to the fund the stocks of supplies, equip-
ment, other assets, liabilities, and unpaid obligations
relating to those services which the Trade Rep-
resentative determines will be performed.
SEC. 351. SERVICE CHARGES.
(a) AUTHORITY.—Notwithstanding any other provi-
sion of law, the Trade Representative may establish rea-
sonable fees and commissions with respect to applications,
documents, awards, loans, grants, research data, services,
and assistance administered by the Trade Administration.
The Trade Representative may change and abolish such
fees and commissions. Before establishing, changing, or
abolishing any schedule of fees or commissions under this
section, the Trade Representative may submit such sched-
ule to Congress.
(b) DEPOSITS.—The Trade Representative is author-
ized to require a deposit before the Trade Representative
provides any item, information, service, or assistance for
which a fee or commission is required under this section.
(c) DEPOSIT OF MONEYS.—Moneys received under
this section shall be deposited in the Treasury in a special
account for use by the Trade Representative and are au-
106
thorized to be appropriated and made available until ex-
pended.
(d) FACTORS IN ESTABLISHING FEES AND COMMIS-
SIONS.—In establishing reasonable fees or commissions
under this section, the Trade Representative may take into
account—
(1) the actual costs which will be incurred in
providing the items, information, services, or assist-
ance concerned;
(2) the efficiency of the Government in pro-
viding such items, information, services, or assist-
ance;
(3) the portion of the cost that will be incurred
in providing such items, information, services, or as-
sistance which may be attributed to benefits for the
general public rather than exclusively for the person
to whom the items, information, services, or assist-
ance is provided;
(4) any public service which occurs through the
provision of such items, information, services, or as-
sistance; and
(5) such other factors as the Trade Representa-
tive considers appropriate.
(e) REFUNDS OF EXCESS PAYMENTS.—In any case
in which the Trade Representative determines that any
107
person has made a payment which is not required under
this section or has made a payment which is in excess of
the amount required under this section, the Trade Rep-
resentative, upon application or otherwise, may cause a
refund to be made from applicable funds.
SEC. 352. SEAL OF OFFICE.
The Trade Representative shall cause a seal of office
to be made for the Trade Administration of such design
as the Trade Representative shall approve. Judicial notice
shall be taken of such seal.
CHAPTER 5—RELATED AGENCIES
SEC. 361. INTERAGENCY TRADE ORGANIZATION.
Section 242(a)(3) of the Trade Expansion Act of
1962 (19 U.S.C. 1872(a)(3)) is amended to read as fol-
lows:
‘‘(3)(A) The interagency organization under
subsection (a) shall be composed of—
‘‘(i) the United States Trade Representa-
tive, who shall be the chairperson,
‘‘(ii) the Secretary of Agriculture,
‘‘(iii) the Secretary of the Treasury,
‘‘(iv) the Secretary of Labor,
‘‘(v) the Secretary of State, and
108
‘‘(vi) the representatives of such other de-
partments and agencies as the United States
Trade Representative shall designate.
‘‘(B) The United States Trade Representative
may invite representatives from other agencies, as
appropriate, to attend particular meetings if subject
matters of specific functional interest to such agen-
cies are under consideration. It shall meet at such
times and with respect to such matters as the Presi-
dent or the chairperson shall direct.’’.
SEC. 362. NATIONAL SECURITY COUNCIL.
The fourth paragraph of section 101(a) of the Na-
tional Security Act of 1947 (50 U.S.C. 402(a)) is
amended—
(1) by redesignating paragraphs (5), (6), and
(7) as paragraphs (6), (7), and (8), respectively; and
(2) by inserting after paragraph (4) the fol-
lowing new paragraph:
‘‘(5) the United States Trade Representative;’’.
SEC. 363. INTERNATIONAL MONETARY FUND.
Section 3 of the Bretton Woods Agreement Act (22
U.S.C. 286a) is amended by adding at the end the fol-
lowing new subsection:
‘‘(e) The United States executive director of the Fund
shall consult with the United States Trade Representative
109
with respect to matters under consideration by the Fund
which relate to trade.’’.
CHAPTER 6—CONFORMING AMENDMENTS
SEC. 371. AMENDMENTS TO GENERAL PROVISIONS.
(a) INSPECTOR GENERAL.—The Inspector General
Act of 1978 (5 U.S.C. App. 1 et seq.) is amended—
(1) in section 9(a)(1) by adding after subpara-
graph (W) the following:
‘‘(X) of the United States Trade Rep-
resentative, all functions of the Inspector Gen-
eral of the Department of Commerce and the
Office of the Inspector General of the Depart-
ment of Commerce relating to the functions
transferred to the United States Trade Rep-
resentative by section 332 of the Department of
Commerce Elimination Act; and’’; and
(2) in section 11—
(A) in paragraph (1) by inserting ‘‘the
United States Trade Representative;’’ after
‘‘the Attorney General;’’; and
(B) in paragraph (2) by inserting ‘‘the
United States Trade Administration,’’ after
‘‘Treasury;’’.
(b) AMENDMENT TO THE TRADE ACT OF 1974.—
110
(1) TRADE NEGOTIATIONS.—Chapter 4 of title
I of the Trade Act of 1974 (19 U.S.C. 2171) is
amended to read as follows:
‘‘CHAPTER 
4—ADMINISTRATION 
OF
TRADE AGREEMENTS, REPRESENTA-
TION IN TRADE NEGOTIATIONS, AND
OTHER TRADE MATTERS
‘‘SEC. 141. FUNCTIONS OF THE UNITED STATES TRADE REP-
RESENTATIVE.
‘‘The United States Trade Representative provided
for under section 311 of the Department of Commerce
Elimination Act shall—
‘‘(1) be the chief representative of the United
States for each trade negotiation under this title or
chapter 1 of title III of this Act, or subtitle A of
title I of the Omnibus Trade and Competitiveness
Act of 1988, or any other provision of law relating
to international trade negotiations;
‘‘(2) be responsible for the administration of
trade agreement programs under this Act, the Omni-
bus Trade and Competitiveness Act of 1988, the
Trade Expansion Act of 1962, section 350 of the
Tariff Act of 1930, and any other provision of law
relating to trade agreement programs;
111
‘‘(3) advise the President and Congress with re-
spect to nontariff barriers to international trade,
international commodity agreements, and other mat-
ters which are related to trade agreement programs;
and
‘‘(4) be responsible for making reports to the
President and Congress with respect to the matters
set forth in paragraphs (1) and (2).’’.
(2) TABLE OF CONTENTS.—Title I of the table
of contents of the Trade Act of 1974 is amended by
striking the items relating to chapter 4 and section
141 and inserting the following:
‘‘CHAPTER 4—ADMINISTRATION OF TRADE AGREEMENTS, REPRESENTATION
IN TRADE NEGOTIATIONS, AND OTHER TRADE MATTERS
‘‘Sec. 141. Functions of the United States Trade Representative.’’.
(d) FOREIGN SERVICE PERSONNEL.—Section 202(a)
of the Foreign Service Act of 1980 (22 U.S.C. 3922(a))
is amended by striking paragraph (3) and inserting the
following:
‘‘(3) The United States Trade Representative
may utilize the Foreign Service personnel system in
accordance with this Act—
‘‘(A) with respect to the personnel per-
forming functions—
‘‘(i) which were transferred to the De-
partment of Commerce from the Depart-
112
ment of State by Reorganization Plan No.
3 of 1979; and
‘‘(ii) which were subsequently trans-
ferred to the United States Trade Rep-
resentative by section 332 of the Depart-
ment of Commerce Elimination Act; and
‘‘(B) with respect to other personnel of the
United States Trade Administration to the ex-
tent the President determines to be necessary in
order to enable the United States Trade Ad-
ministration to carry out functions which re-
quire service abroad.’’.
(e) 
CHIEF
FINANCIAL
OFFICERS.—Section
901(b)(1)(B) of title 31, United States Code, is amended
to read as follows:
‘‘(B) The United States Trade Administra-
tion.’’.
SEC. 372. REPEALS.
(a) DEPARTMENT OF COMMERCE.—The first section
of the Act entitled ‘‘An Act to establish the Department
of Commerce and Labor’’, approved February 14, 1903
(15 U.S.C. 1501), is repealed.
(b) UNDER SECRETARY; ASSISTANT SECRETARIES;
OTHER POSITIONS.—
113
(1) Subsection (a) of the first section of the Act
entitled ‘‘An Act to authorize an Under Secretary of
Commerce for Economic Affairs’’, approved June
16, 1982 (96 Stat. 115; 15 U.S.C. 1503a), is re-
pealed.
(2) The Act entitled ‘‘An Act to provide for the
appointment of one additional Assistant Secretary of
Commerce, and for other purposes’’, approved July
15, 1947 (15 U.S.C. 1505), is repealed.
(3) The first sentence of section 304 of the De-
partment of Commerce Appropriation Act, 1955 (15
U.S.C. 1506) is repealed.
(4) The Act entitled ‘‘An Act to authorize an
additional Assistant Secretary of Commerce’’, ap-
proved February 16, 1962 (15 U.S.C. 1507), is re-
pealed.
(5) Subsection (a) of section 9 of the Maritime
Appropriation Authorization Act for Fiscal Year
1978 (15 U.S.C. 1507b) is repealed.
(6)(A) The first section of the Act of March 18,
1904 (33 Stat. 135, chapter 716; 15 U.S.C. 1508),
is repealed.
(B) Section 2 of the Act of July 17, 1952 (66
Stat. 758, chapter 932; 15 U.S.C. 1508), is re-
pealed.
114
(c) BUREAUS IN DEPARTMENT.—
(1) Sections 4 and 12 of the Act entitled ‘‘An
Act to Establish the Department of Commerce and
Labor’’, approved February 14, 1903 (15 U.S.C.
1511), are repealed.
(2) The first section of the Act of January 5,
1923 (42 Stat. 1109, chapter 23; 15 U.S.C. 1511),
is repealed.
(3) The first section of the Act of May 27,
1936 (49 Stat. 1380, chapter 463; 15 U.S.C. 1511),
is repealed.
(d) ANNUAL REPORTS.—Section 8 of the Act entitled
‘‘An Act to Establish the Department of Commerce and
Labor’’, approved February 14, 1903 (15 U.S.C. 1519),
is repealed.
(e) WORKING CAPITAL FUND.—Title III of the Act
entitled ‘‘An Act making appropriations for the Depart-
ments of State, Justice, and Commerce for the fiscal year
ending June 30, 1945, and for other purposes’’, approved
June 28, 1944 (15 U.S.C. 1521), is amended by striking
the paragraph relating to the working capital fund of the
Department of Commerce.
(f) GIFTS, BEQUESTS, INVESTMENTS.—Sections 1, 2,
and 3 of Public Law 88–611 (15 U.S.C. 1522, 1523, and
1524) are repealed.
115
SEC. 373. CONFORMING AMENDMENTS RELATING TO EXEC-
UTIVE SCHEDULE POSITIONS.
(a) POSITIONS AT LEVEL II.—Section 5313 of title
5, United States Code, is amended by adding at the end
the following:
‘‘Deputy United States Trade Representatives
(3).’’.
(b) POSITIONS AT LEVEL III.—Section 5314 of title
5, United States Code, is amended by striking the item
relating to Deputy United States Trade Representatives
and inserting the following:
‘‘Assistant Administrators, United States Trade
Administration (4).’’.
(c) POSITIONS AT LEVEL IV.—Section 5315 of title
5, United States Code, is amended by adding at the end
the following:
‘‘General Counsel, United States Trade Admin-
istration.
‘‘Inspector General, United States Trade Ad-
ministration.
‘‘Chief Financial Officer, United States Trade
Administration.’’.
CHAPTER 7—MISCELLANEOUS
SEC. 381. EFFECTIVE DATE.
(a) IN GENERAL.—This title shall take effect on the
effective date specified in section 102(c), except that—
116
(1) section 336 shall take effect on the date of
enactment of this Act; and
(2) at any time after the date of enactment of
this Act, the officers provided for in chapter 2 may
be nominated and appointed, as provided in such
chapter.
(b) INTERIM
COMPENSATION
AND
EXPENSES.—
Funds available to the Department of Commerce or the
Office of the United States Trade Representative (or any
official or component thereof), with respect to the func-
tions transferred by this title, may be used, with approval
of the Director of the Office of Management and Budget,
to pay the compensation and expenses of an officer ap-
pointed under subsection (a) who will carry out such func-
tions until funds for that purpose are otherwise available.
SEC. 382. INTERIM APPOINTMENTS.
(a) IN GENERAL.—If one or more officers required
by this title to be appointed by and with the advice and
consent of the Senate have not taken office on the effective
date of this title and notwithstanding any other provision
of law, the President may designate any officer who was
appointed by and with the advice and consent of the Sen-
ate, and who was such an officer on the day before the
effective date of this title, to act in the office until it is
filled as provided by this title.
117
(b) COMPENSATION.—Any officer acting in an office
pursuant to subsection (a) shall receive compensation at
the rate prescribed by this title for such office.
SEC. 383. FUNDING REDUCTIONS RESULTING FROM REOR-
GANIZATION.
(a) FUNDING REDUCTIONS.—Notwithstanding the
transfer of functions under this title, and except as pro-
vided in subsection (b), the total amount appropriated by
the United States in performing all functions vested in the
Trade Representative and the Trade Administration pur-
suant to this title shall not exceed—
(1) for the first fiscal year that begins after the
date specified in section 102(c), 75 percent of the
total amount appropriated in fiscal year 2001 for
the performance of all those functions; and
(2) for the second fiscal year that begins after
the date specified in section 102(c) and for each fis-
cal year thereafter, 65 percent of the total amount
appropriated in fiscal year 2001 for the performance
of all those functions.
(b) EXCEPTION.—Subsection (a) shall not apply to
obligations or expenditures incurred as a direct con-
sequence of the termination, transfer, or other disposition
of functions described in subsection (a) pursuant to this
Act.
118
(c) RULE OF CONSTRUCTION.—This section shall su-
persede any other provision of law that does not—
(1) explicitly refer to this section, and
(2) create an exemption from this section.
(d) RESPONSIBILITY OF TRADE REPRESENTATIVE.—
The Trade Representative, in consultation with the Direc-
tor of the Office of Management and Budget, shall make
such modifications in programs as are necessary to carry
out the reductions in appropriations set forth in para-
graphs (1) and (2) of subsection (a).
(e) RESPONSIBILITIES OF THE DIRECTOR OF THE
OFFICE OF MANAGEMENT AND BUDGET.—The Director
of the Office of Management and Budget shall include in
each report under subsections (a) and (b) of section 106
a description of the actions taken to comply with the re-
quirements of this section.
TITLE IV—STATISTICAL
CONSOLIDATION
Subtitle A—General Provisions
SEC. 401. FINDINGS.
Congress, recognizing the importance of statistical in-
formation in the development of national priorities and
policies and in the administration of public programs,
finds that—
119
(1) improved coordination and planning among
the statistical programs of the Federal Government
is necessary—
(A) to strengthen and improve the quality
and utility of Federal statistics; and
(B) to reduce duplication and waste in in-
formation collected for statistical purposes;
(2) while the demand for statistical information
has grown substantially over the 30-year period pre-
ceding the date of enactment of this Act, the lack
of coordinated planning within the decentralized
Federal statistical system has limited the usefulness
of statistics in defining problems and determining
national policies to deal with complex social and eco-
nomic issues;
(3) the establishment of a unified statistical
policy for the Federal Government to ensure that—
(A) data available from Federal statistical
programs are responsive to the information
needs of the President and Congress in devel-
oping national policies; and
(B) necessary statistical information is col-
lected with the least reporting burden imposed
on individuals, businesses, and public entities;
120
(4) a central statistical policy and coordination
office is necessary—
(A) to develop and implement a Federal
statistical policy;
(B) to establish priorities for Federal sta-
tistical programs;
(C) to oversee and evaluate the statistical
programs of the Government; and
(D) to ensure that data collected for statis-
tical purposes by the Government are collected
and reported in accordance with established
standards; and
(5) it is conducive and integral to a sound Fed-
eral policy that the heads of major statistical agen-
cies within a Federal department or agency have di-
rect access to the head of such department or
agency.
SEC. 402. SENSE OF CONGRESS.
(a) CHIEF STATISTICIAN.—It is the sense of Con-
gress that—
(1) a more centralized statistical system is inte-
gral to efficiency;
(2) with increased efficiency comes better inte-
gration of research, methodology, survey design, and
taking advantage of economies of scale;
121
(3) the Chief Statistician should have the au-
thority, personnel, and other resources necessary to
carry out the duties of that office effectively, includ-
ing duties relating to statistical forms clearance;
(4) statistical forms clearance at the Office of
Management and Budget should be better distin-
guished from regulatory forms clearance; and
(5) recognizing that the Chief Statistician has
numerous responsibilities with respect to statistical
policy and coordination, the Chief Statistician should
have a direct reporting relationship with the Direc-
tor of the Office of Management and Budget.
(b) CONFIDENTIALITY.—It is the sense of Congress
that—
(1) entities of the Federal Government (includ-
ing the Federal Council on Statistical Policy and the
Interagency Council on Statistical Policy) and pri-
vate entities should examine the efficacy of replacing
the individual confidentiality provisions of statistical
agencies with a single, uniform standard that guar-
antees confidentiality across the affected agencies;
and
(2) those entities should also examine the shar-
ing of confidential data for statistical purposes with-
in the Federal Statistical Service and special ar-
122
rangements to permit the sharing of confidential
data for statistical purposes with State agencies co-
operating with Federal agencies in statistical pro-
grams.
(c) DECENNIAL CENSUSES.—It is the sense of Con-
gress that the budget and functions of the Bureau of the
Census relating to any decennial census of population
should be segregated from the other budget and functions
of the Bureau of the Census.
SEC. 403. DEFINITIONS.
In this title:
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Federal Sta-
tistical Service.
(2) CENSUS OF POPULATION.—The term ‘‘cen-
sus of population’’ has the meaning given such term
by section 141(g) of title 13, United States Code.
(3) CHIEF
STATISTICIAN.—The term ‘‘Chief
Statistician’’ means the Chief Statistician of the Of-
fice of Management and Budget.
(4) COUNCIL.—The term ‘‘Council’’ means the
Federal Council on Statistical Policy under section
413.
123
(5) 
DEPUTY
ADMINISTRATOR.—The 
term
‘‘Deputy Administrator’’ means the Deputy Admin-
istrator of the Federal Statistical Service.
(6) FEDERAL
AGENCY.—The term ‘‘Federal
agency’’ has the meaning provided the term ‘‘agen-
cy’’ in section 551(1) of title 5, United States Code.
(7) FUNCTION.—The term ‘‘function’’ includes
any duty, obligation, power, authority, responsibility,
right, privilege, activity, or program.
(8) OFFICE.—The term ‘‘office’’ includes any
office, bureau, institute, council, unit, or organiza-
tional entity, or any component thereof.
(9) SERVICE.—The term ‘‘Service’’ means the
Federal Statistical Service.
Subtitle B—Establishment of the
Federal Statistical Service
SEC. 411. ESTABLISHMENT.
The Federal Statistical Service is established as an
independent establishment, as that term is defined in sec-
tion 104 of title 5, United States Code, in the executive
branch of the Federal Government.
SEC. 412. PRINCIPAL OFFICERS.
(a) ADMINISTRATOR.—
(1) IN GENERAL.—There shall be at the head
of the Service an Administrator of the Federal Sta-
124
tistical Service, who shall be appointed, from among
individuals nominated for that purpose by the Fed-
eral Council on Statistical Policy who are experi-
enced in the collection and utilization of statistical
data or survey research, by the President, by and
with the advice and consent of the Senate.
(2) ADMINISTRATION.—The Service, including
all functions and offices transferred to the Service
under this title, shall be administered, in accordance
with the provisions of this title, under the super-
vision and direction of the Administrator.
(3) COMPENSATION OF ADMINISTRATOR.—The
Administrator shall receive basic pay at the rate
payable for level II of the Executive Schedule under
section 5313 of title 5, United States Code.
(b) DEPUTY ADMINISTRATOR.—
(1) IN GENERAL.—There shall be in the Service
a Deputy Administrator of the Federal Statistical
Service who shall be appointed, from among individ-
uals nominated for that purpose by the Federal
Council on Statistical Policy who are experienced in
the collection and utilization of statistical data or
survey research, by the President, by and with the
advice and consent of the Senate.
125
(2) DUTIES
OF
DEPUTY
ADMINISTRATOR.—
During the absence or disability of the Adminis-
trator, or in the event of a vacancy in the office of
the Administrator, the Deputy Administrator shall
act as Administrator. The Deputy Administrator
shall perform such other duties and exercise such
powers as the Administrator may from time to time
prescribe.
(3) COMPENSATION
OF
DEPUTY
ADMINIS-
TRATOR.—The Deputy Administrator shall receive
basic pay at the rate payable for level III of the Ex-
ecutive Schedule under section 5314 of title 5,
United States Code.
(c) BUREAU DIRECTORS.—
(1) IN
GENERAL.—There shall be in the
Service—
(A) a Director of the Census who shall, on
the transfer of functions and offices under sec-
tion 203, serve as the head of the Bureau of
the Census; and
(B) a Director of the Bureau of Economic
Analysis who shall, on the transfer of functions
and offices under section 203, serve as the head
of the Bureau of Economic Analysis; and
126
(C) a Director of the Bureau of Labor Sta-
tistics who shall, on the transfer of functions
and offices under subtitle C, serve as the head
of the Bureau of Labor Statistics.
(2) APPOINTMENT.—Each of the Directors re-
ferred to in paragraph (1) shall be appointed by the
President, by and with the advice and consent of the
Senate.
(3) COMPENSATION OF DIRECTOR OF BUREAU
OF ECONOMIC ANALYSIS.—
(A) IN GENERAL.—The position of Direc-
tor of the Bureau of Economic Analysis shall be
a Senior Executive Service position.
(B) SENIOR
EXECUTIVE
SERVICE
DE-
FINED.—For purposes of this paragraph, the
term ‘‘Senior Executive Service position’’ shall
have the same meaning as in section 3132(a) of
title 5, United States Code.
(4) TERMS.—The term of office for each Direc-
tor referred to in paragraph (1) shall be as specified
in the predecessor under the applicable provision of
law in effect on the day before the date of enactment
of this Act, except that, notwithstanding section 21
of title 13, United States Code, the term of the Di-
rector of the Census shall be 4 years.
127
(d) GENERAL COUNSEL.—There shall be in the Serv-
ice a General Counsel who shall administer the Office of
General Counsel of the Federal Statistical Service. The
General Counsel shall be appointed by the President, by
and with the advice and consent of the Senate.
(e) INSPECTOR GENERAL.—There shall be in the
Service an Inspector General appointed in accordance with
the Inspector General Act of 1978 (5 U.S.C. App.).
SEC. 413. FEDERAL COUNCIL ON STATISTICAL POLICY.
(a) ESTABLISHMENT.—A Federal Council on Statis-
tical Policy shall advise the Service.
(b) COMPOSITION.—The Council shall be composed
of 9 members as follows:
(1) The Administrator of the Federal Statistical
Service.
(2) The Director of the Census.
(3) The Director of the Bureau of Labor Statis-
tics.
(4) The Director of the Bureau of Economic
Analysis.
(5) The Chief Statistician of the Office of Man-
agement and Budget.
(6) Two members appointed by the Majority
Leader of the Senate from among individuals who—
128
(A) are not officers or employees of the
Government; and
(B) are especially qualified to serve on the
Council by virtue of experience relating to 1 or
more of the bureaus referred to in title III.
(7) Two members appointed by the Speaker of
the House of Representatives from among individ-
uals who—
(A) are not officers or employees of the
Government; and
(B) are especially qualified to serve on the
Council by virtue of experience relating to 1 or
more of the bureaus referred to in section 203
or subtitle C.
(c) TERMS.—
(1) IN
GENERAL.—Each member under sub-
section (b)(6) shall be appointed for a term of 5
years, except that, of the members first appointed—
(A) 1 shall be appointed for a term of 5
years; and
(B) 1 shall be appointed for a term of 3
years.
(2) STAGGERED TERMS.—Each member under
subsection (b)(7) shall be appointed for a term of 5
years, except that, of the members first appointed—
129
(A) 1 shall be appointed for a term of 5
years; and
(B) 1 shall be appointed for a term of 2
years.
(d) FUNCTIONS.—
(1) IN GENERAL.—The Council shall—
(A) make any nominations required under
section 412(a)(1);
(B) serve as an advisory body to the Chief
Statistician on confidentiality issues, such as
those relating to—
(i) the collection or sharing of data
for statistical purposes among Federal
agencies; and
(ii) the sharing of data, for statistical
purposes, by States and political subdivi-
sions with the Federal Government; and
(C) establish a statistical policy as de-
scribed in section 401(3).
(2) STUDY AND REPORT AS PROCEDURES.—
(A) STUDY.—The Council shall study pro-
cedures for the release of major economic and
social indicators by the Federal Government.
(B) REPORT.—Not later than 18 months
after the date of enactment of this Act, the
130
Council shall submit to Congress a report on
the findings of the study under subparagraph
(A).
(3) STUDY OF FUNCTIONS.—
(A) STUDY.—The Council shall study—
(i) whether or not the functions of the
Bureau of the Census relating to decennial
censuses of population could be delineated
from the other functions of the Bureau;
and
(ii) if the functions referred to in
clause (i) could be delineated from other
functions of the Bureau, recommendations
on how such a delineation of functions
might be achieved.
(B) REPORT.—Not later than 12 months
after the date of enactment of this Act, the
Council shall submit to Congress a report on
the findings of the study conducted under sub-
paragraph (A).
(4) STUDY AND REPORT ON FIELD OFFICES.—
(A) STUDY.—The Council shall study—
(i) making as appropriate, the field
offices of the Bureau of the Census part of
131
the field offices of the Bureau of Labor
Statistics; and
(ii) any savings anticipated as a result
of the implementation of clause (i).
(B) REPORT.—Not later than 12 months
after the date of enactment of this Act, the
Council shall submit to Congress a report on
the findings of the study conducted under sub-
paragraph (A).
(e) COMPENSATION.—Members of the Council under
subsection (b)(6) shall be entitled to receive the daily
equivalent of the rate of basic pay for level IV of the Exec-
utive 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 vest-
ed in the Council.
(f) CHAIRPERSON.—The Chairperson of the Council
shall be elected by and from the members for a term of
1 year.
132
Subtitle C—Transfers of Functions
and Offices
SEC. 421. TRANSFER OF THE BUREAU OF LABOR STATIS-
TICS.
There is transferred to the Service the Bureau of
Labor Statistics of the Department of Labor, along with
all of its functions and offices.
SEC. 422. TRANSFER DATE.
The transfers of functions and offices under this title
shall be effective on the date specified in section 102(c).
Subtitle D—Administrative
Provisions
SEC. 431. OFFICERS AND EMPLOYEES.
The Administrator may appoint and fix the com-
pensation of such officers and employees as may be nec-
essary to carry out the functions of the Administrator and
the Service. Except as otherwise provided by law, such of-
ficers and employees shall be appointed in accordance with
the civil service laws and their compensation shall be fixed
in accordance with title 5, United States Code.
SEC. 432. EXPERTS AND CONSULTANTS.
The Administrator, as may be provided in appropria-
tion Acts, may obtain the services of experts and consult-
ants in accordance with section 3109 of title 5, United
States Code, and may compensate such experts and con-
133
sultants at rates not to exceed the daily rate prescribed
for level IV of the Executive Schedule under section 5315
of title 5, United States Code.
SEC. 433. ACCEPTANCE OF VOLUNTARY SERVICES.
(a) IN GENERAL.—Notwithstanding section 1342 of
title 31, United States Code, the Administrator may ac-
cept, subject to regulations issued by the Office of Per-
sonnel Management, voluntary services if such services—
(1) are to be uncompensated; and
(2) are not used to displace any employee.
(b) TREATMENT.—Any individual who provides vol-
untary services under this section shall not be considered
a Federal employee for any purpose other than for pur-
poses of chapter 81 of title 5, United States Code (relating
to compensation for injury) and sections 2671 through
2680 of title 28, United States Code (relating to tort
claims).
SEC. 434. GENERAL AUTHORITY.
In carrying out any function transferred by this Act,
the Administrator, or any officer or employee of the Serv-
ice, may exercise any authority available by law with re-
spect to such function to the official or agency from which
such function is transferred, and the actions of the Admin-
istrator in exercising such authority shall have the same
134
force and effect as when exercised by such official or
agency.
SEC. 435. DELEGATION.
Except as otherwise provided in this title, the Admin-
istrator may delegate any function to such officers and
employees of the Service as the Administrator may des-
ignate, and may authorize such successive redelegations
of such functions within the Service as may be necessary
or appropriate. No delegation of functions by the Adminis-
trator under this section or under any other provision of
this title shall relieve the Administrator of responsibility
for the administration of such functions.
SEC. 436. REORGANIZATION.
The Administrator may allocate or reallocate func-
tions among the officers of the Service, and to establish,
consolidate, alter, or abolish such offices or positions with-
in the Service as may be necessary or appropriate.
SEC. 437. CONTRACTS.
(a) IN GENERAL.—Subject to the Federal Property
and Administrative Services Act of 1949 and other appli-
cable Federal law, the Administrator may make, enter
into, and perform such contracts, grants, leases, coopera-
tive agreements, and other similar transactions with Fed-
eral or other public agencies (including State and local
governments) and private organizations and persons, and
135
to make such payments, by way of advance or reimburse-
ment, as the Administrator may determine necessary or
appropriate to carry out functions of the Administrator
or the Service.
(b) APPROPRIATION AUTHORITY REQUIRED.—No
authority to enter into contracts or to make payments
under this title shall be effective except to such extent or
in such amounts as are provided in advance under appro-
priation Acts.
SEC. 438. REGULATIONS.
The Administrator may prescribe such rules and reg-
ulations as the Administrator considers necessary or ap-
propriate to administer and manage the functions of the
Administrator or the Service, in accordance with chapter
5 of title 5, United States Code.
SEC. 439. SEAL.
The Administrator shall cause a seal of office to be
made for the Service of such design as the Administrator
shall approve. Judicial notice shall be taken of such seal.
SEC. 440. ANNUAL REPORT.
The Administrator, in consultation with the Council,
shall, as soon as practicable after the close of each fiscal
year, make a single, comprehensive report to the President
for transmission to Congress on the activities of the Serv-
ice during such fiscal year.
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Subtitle E—Miscellaneous
SEC. 441. INCIDENTAL TRANSFERS.
The Director of the Office of Management and Budg-
et, in consultation with the Administrator, shall make such
determinations as may be necessary with regard to the
functions, offices, or portions thereof transferred by this
title, and make such additional incidental dispositions of
personnel, assets, liabilities, grants, contracts, property,
records, and unexpended balances of appropriations, au-
thorizations, allocations, and other funds held, used, aris-
ing from, available to, or to be made available in connec-
tion with such functions, offices, or portions thereof, as
may be necessary to carry out this title. The Director shall
provide for the termination of the affairs of all entities
terminated by this title and, in consultation with the Ad-
ministrator, for such further measures and dispositions as
may be necessary to effectuate the purposes of this title.
SEC. 442. REFERENCES.
With respect to any function transferred by this title
and exercised on or after the date of such transfer, any
reference in any other Federal law to any department,
commission, or agency or any officer or office the func-
tions of which so transferred shall be deemed to refer to
the Administrator, other official, or component of the
Service to which this title transfers such functions.
137
SEC. 443. PROPOSED CHANGES IN LAW.
Not later than 90 days after the date of enactment
of this Act, the President shall submit to Congress a de-
scription of any changes in Federal law necessary to re-
flect any transfers or other measures under this title.
SEC. 444. TRANSITION.
(a) USE OF FUNDS.—Funds available to any depart-
ment or agency (or any official or component thereof), the
functions or offices of which are transferred to the Admin-
istrator or the Service by this title, may, with the approval
of the Director of the Office of Management and Budget,
be used to pay the compensation and expenses of any offi-
cer appointed pursuant to this title and other transitional
and planning expenses associated with the establishment
of the Service or transfer of functions or offices thereto
until such time as funds for such purposes are otherwise
available.
(b) USE OF PERSONNEL.—With the consent of the
appropriate department or agency head concerned, the Ad-
ministrator may utilize the services of such officers, em-
ployees, and other personnel of the departments and agen-
cies from which functions or offices have been transferred
to the Administrator or the Service, for such period of
time as may reasonably be needed to facilitate the orderly
implementation of this title.
138
SEC. 445. INTERIM APPOINTMENTS.
(a) AUTHORITY TO APPOINT.—Notwithstanding any
other provision of law, in the event that 1 or more officers
required by this title to be appointed by and with the ad-
vice and consent of the Senate shall not have entered upon
office on the date of the transfer of functions and offices
under section 203 or subtitle C, the President may des-
ignate an officer in the executive branch to act in such
office for 120 days or until the office is filled as provided
in this title, whichever occurs first.
(b) COMPENSATION.—Any officer acting in an office
in the Department pursuant to the provisions of sub-
section (a) shall receive compensation at the rate pre-
scribed for such office under this title.
SEC. 446. CONFORMING AMENDMENTS.
(a) DIRECTOR, BUREAU OF LABOR STATISTICS.—
Section 5315 of title 5, United States Code, as amended
by this Act, is further amended by adding at the end the
following new item:
‘‘Director, Bureau of Labor Statistics.’’.
(b) GENERAL COUNSEL; INSPECTOR GENERAL.—
Section 5315 of title 5, United States Code, as amended
by subsection (a), is further amended by adding at the
end the following new items:
‘‘General Counsel, Bureau of Labor Statistics.
139
‘‘Inspector General, Bureau of Labor Statis-
tics.’’.
(c) BUREAU DIRECTORS.—Section 5315 of title 5,
United States Code, as amended by subsection (b), is fur-
ther amended—
(1) by striking ‘‘The Commissioner of Labor
Statistics, Department of Labor’’; and
(2) by inserting after the item relating to the
Director of the Census, the following new items:
‘‘Director of the Bureau of Labor Statistics,
Federal Statistical Service.
‘‘Director of the Bureau of Economic Analysis,
Federal Statistical Service.’’.
(d) DEPUTY ADMINISTRATOR.—Section 5314 of title
5, United States Code, is amended by adding at the end
the following new item:
‘‘Deputy Administrator, Federal Statistical
Service.’’.
(e) ADMINISTRATOR.—Section 5313 of title 5, United
States Code, is amended by adding at the end the fol-
lowing new item:
‘‘Administrator, Federal Statistical Service.’’.
140
TITLE V—MISCELLANEOUS
PROVISIONS
SEC. 501. REFERENCES.
Any reference in any other Federal law, Executive
order, rule, regulation, or delegation of authority, or any
document of or pertaining to a department or office from
which a function is transferred by this Act—
(1) to the head of such department or office is
deemed to refer to the head of the department or of-
fice to which such function is transferred; or
(2) to such department or office is deemed to
refer to the department or office to which such func-
tion is transferred.
SEC. 502. EXERCISE OF AUTHORITIES.
Except as otherwise provided by law, a Federal offi-
cial to whom a function is transferred by this Act may,
for purposes of performing the function, exercise all au-
thorities under any other provision of law that were avail-
able with respect to the performance of that function to
the official responsible for the performance of the function
immediately before the effective date of the transfer of the
function under this Act.
141
SEC. 503. SAVINGS PROVISIONS.
(a) LEGAL DOCUMENTS.—All orders, determinations,
rules, regulations, permits, grants, loans, contracts, agree-
ments, certificates, licenses, and privileges—
(1) that have been issued, made, granted, or al-
lowed to become effective by the President, the Sec-
retary of Commerce, the United States Trade Rep-
resentative, any officer or employee of any office
transferred by this Act, or any other Government of-
ficial, or by a court of competent jurisdiction, in the
performance of any function that is transferred by
this Act; and
(2) that are in effect on the effective date of
such transfer (or become effective after such date
pursuant to their terms as in effect on such effective
date),
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, any other author-
ized official, a court of competent jurisdiction, or operation
of law.
(b) PROCEEDINGS.—This Act shall not affect any
proceedings or any application for any benefits, service,
license, permit, certificate, or financial assistance pending
on the date of enactment of this Act before an office trans-
ferred by this Act, but such proceedings and applications
142
shall be continued. Orders shall be issued in such pro-
ceedings, appeals shall be taken therefrom, and payments
shall be made pursuant to such orders, as if this Act had
not been enacted, and orders issued in any such pro-
ceeding shall continue in effect until modified, terminated,
superseded, or revoked by a duly authorized official, by
a court of competent jurisdiction, or by operation of law.
Nothing in this subsection shall be considered to prohibit
the discontinuance or modification of any such proceeding
under the same terms and conditions and to the same ex-
tent that such proceeding could have been discontinued
or modified if this Act had not been enacted.
(c) SUITS.—This Act shall not affect suits com-
menced before the date of enactment of this Act, and in
all such suits, proceeding shall be had, appeals taken, and
judgments rendered in the same manner and with the
same effect as if this Act had not been enacted.
(d) NONABATEMENT OF ACTIONS.—No suit, action,
or other proceeding commenced by or against the Depart-
ment of Commerce or the Secretary of Commerce, or by
or against any individual in the official capacity of such
individual as an officer or employee of an office trans-
ferred by this Act, shall abate by reason of the enactment
of this Act.
143
(e) CONTINUANCE OF SUITS.—If any Government of-
ficer in the official capacity of such officer is party to a
suit with respect to a function of the officer, and under
this Act such function is transferred to any other officer
or office, then such suit shall be continued with the other
officer or the head of such other office, as applicable, sub-
stituted or added as a party.
(f) ADMINISTRATIVE PROCEDURE AND JUDICIAL RE-
VIEW.—Except as otherwise provided by this Act, any
statutory requirements relating to notice, hearings, action
upon the record, or administrative or judicial review that
apply to any function transferred by this Act shall apply
to the exercise of such function by the head of the Federal
agency, and other officers of the agency, to which such
function is transferred by this Act.
SEC. 504. TRANSFER OF ASSETS.
Except as otherwise provided in this Act, so much
of the personnel, property, records, and unexpended bal-
ances of appropriations, allocations, and other funds em-
ployed, used, held, available, or to be made available in
connection with a function transferred to an official or
agency by this Act shall be available to the official or the
head of that agency, respectively, at such time or times
as the Director of the Office of Management and Budget
144
directs for use in connection with the functions trans-
ferred.
SEC. 505. DELEGATION AND ASSIGNMENT.
Except as otherwise expressly prohibited by law or
otherwise provided in this Act, an official to whom func-
tions are transferred under this Act (including the head
of any office to which functions are transferred under this
Act) may delegate any of the functions so transferred to
such officers and employees of the office of the official as
the official may designate, and may authorize successive
redelegations of such functions as may be necessary or ap-
propriate. No delegation of functions under this section
or under any other provision of this Act shall relieve the
official to whom a function is transferred under this Act
of responsibility for the administration of the function.
SEC. 506. AUTHORITY OF DIRECTOR OF THE OFFICE OF
MANAGEMENT AND BUDGET WITH RESPECT
TO FUNCTIONS TRANSFERRED.
(a) DETERMINATIONS.—If necessary, the Director
shall make any determination of the functions that are
transferred under this Act.
(b) INCIDENTAL TRANSFERS.—The Director, at such
time or times as the Director shall provide, may make
such determinations as may be necessary with regard to
the functions transferred by this Act, and to make such
145
additional incidental dispositions of personnel, assets, li-
abilities, grants, contracts, property, records, and unex-
pended balances of appropriations, authorizations, alloca-
tions, and other funds held, used, arising from, available
to, or to be made available in connection with such func-
tions, as may be necessary to carry out the provisions of
this Act. The Director shall provide for the termination
of the affairs of all entities terminated by this Act and
for such further measures and dispositions as may be nec-
essary to effectuate the purposes of this Act.
SEC. 507. CERTAIN VESTING OF FUNCTIONS CONSIDERED
TRANSFERS.
For purposes of this Act, the vesting of a function
in a department or office pursuant to reestablishment of
an office shall be considered to be the transfer of the
function.
SEC. 508. AVAILABILITY OF EXISTING FUNDS.
Existing appropriations and funds available for the
performance of functions, programs, and activities termi-
nated pursuant to this Act shall remain available, for the
duration of their period of availability, for necessary ex-
penses in connection with the termination and resolution
of such functions, programs, and activities.
SEC. 509. DEFINITIONS.
For purposes of this Act—