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(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-
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.
118
(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.
(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
119
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, Unit-
ed States Code.
(c) BUREAU DIRECTORS.—
(1) IN GENERAL.—There shall be in the Serv-
ice—
(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
(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
120
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.
(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.
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(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—
(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.
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(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—
(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.—
123
(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
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—
124
(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
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
125
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.
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).
126
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, obtain the services of experts and consultants
in accordance with section 3109 of title 5, United States
Code, and may compensate such experts and consultants
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 Person-
nel Management, voluntary services if such services—
(1) are to be uncompensated; and
(2) are not used to displace any employee.
127
(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
force and effect as when exercised by such official or agen-
cy.
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
128
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
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.