[Congressional Record Volume 162, Number 42 (Wednesday, March 16, 2016)]
[Senate]
[Pages S1546-S1548]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3455. Mr. DONNELLY (for himself and Mr. Carper) submitted an 
amendment intended to be proposed to amendment SA 3450 proposed by Mr. 
McConnell (for Mr. Roberts) to the bill S. 764, to reauthorize and 
amend the National Sea Grant College Program Act, and for other 
purposes; which was ordered to lie on the table; as follows:

       Beginning on page 4, strike line 17 and all that follows 
     through page 5, line 4, and insert the following:
       ``(D) require that, if a food is voluntarily labeled under 
     this section, the label shall--
       ``(i) clearly indicate to consumers that more information 
     is available regarding the ingredients of the food;
       ``(ii) contain an approved form of electronic disclosure, 
     such as a scannable image, code, Internet website link, or 
     other similar technology, that provides direct access to 
     information regarding whether the food is--

       ``(I) bioengineered; or
       ``(II) developed or produced using bioengineering; and

       ``(iii) contain a telephone number that provides direct 
     access to information regarding whether the food is--

       ``(I) bioengineered; or
       ``(II) developed or produced using bioengineering.

       Beginning on page 6, strike line 22 and all that follows 
     through page 7, line 5, and insert the following:

     quently consumed labeled foods through means other than the 
     label or labeling that--
       ``(A) are clear and direct; and
       ``(B) would allow consumers to access the information as 
     described in section 293(b)(2)(D).
       On page 7, line 24, strike ``70 percent'' and insert ``80 
     percent''.
       On page 10, strike lines 1 through 9 and insert the 
     following:
       ``(ii) clear and direct means, other than the label or 
     labeling, including--

       ``(I) an approved form of electronic disclosure, such as a 
     scannable image, code, Internet website link, social media, 
     or other similar technology, that provides direct access to 
     information regarding whether the food is--

       ``(aa) bioengineered; or
       ``(bb) developed or produced using bioengineering; and

       ``(II) a telephone number that provides direct access to 
     information regarding whether the food is--

       ``(aa) bioengineered; or
       ``(bb) developed or produced using bioengineering.
       On page 13, strike line 19 and insert the following:

     duced using genetic engineering.

     ``SEC. 296. NO PREEMPTION OF COMMON LAW OR STATUTORY CAUSES 
                   OF ACTION.

       ``Nothing in this subtitle or subtitle E (or any regulation 
     promulgated pursuant to this subtitle or subtitle E) 
     preempts, displaces, or supplants--
       ``(1) any common law right; or
       ``(2) any Federal or State law creating a remedy for civil 
     relief, including for civil damage or penalty for criminal 
     conduct.''.
                                 ______
                                 
  SA 3456. Mr. McCONNELL (for Mr. Burr (for himself and Mrs. Murray)) 
proposed an amendment to the bill H.R. 1831, to establish the 
Commission on Evidence-Based Policymaking, and for other purposes; as 
follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Evidence-Based Policymaking 
     Commission Act of 2016''.

     SEC. 2. ESTABLISHMENT.

       There is established in the executive branch a commission 
     to be known as the

[[Page S1547]]

     ``Commission on Evidence-Based Policymaking'' (in this Act 
     referred to as the ``Commission'').

     SEC. 3. MEMBERS OF THE COMMISSION.

       (a) Number and Appointment.--The Commission shall be 
     comprised of 15 members as follows:
       (1) Three shall be appointed by the President, of whom--
       (A) one shall be an academic researcher, data expert, or 
     have experience in administering programs;
       (B) one shall be an expert in protecting personally-
     identifiable information and data minimization; and
       (C) one shall be the Director of the Office of Management 
     and Budget (or the Director's designee).
       (2) Three shall be appointed by the Speaker of the House of 
     Representatives, of whom--
       (A) two shall be academic researchers, data experts, or 
     have experience in administering programs; and
       (B) one shall be an expert in protecting personally-
     identifiable information and data minimization.
       (3) Three shall be appointed by the Minority Leader of the 
     House of Representatives, of whom--
       (A) two shall be academic researchers, data experts, or 
     have experience in administering programs; and
       (B) one shall be an expert in protecting personally-
     identifiable information and data minimization.
       (4) Three shall be appointed by the Majority Leader of the 
     Senate, of whom--
       (A) two shall be academic researchers, data experts, or 
     have experience in administering programs; and
       (B) one shall be an expert in protecting personally-
     identifiable information and data minimization.
       (5) Three shall be appointed by the Minority Leader of the 
     Senate, of whom--
       (A) two shall be academic researchers, data experts, or 
     have experience in administering programs; and
       (B) one shall be an expert in protecting personally-
     identifiable information and data minimization.
       (b) Expertise.--In making appointments under this section, 
     consideration should be given to individuals with expertise 
     in economics, statistics, program evaluation, data security, 
     confidentiality, or database management.
       (c) Chairperson and Co-Chairperson.--The President shall 
     select the chairperson of the Commission and the Speaker of 
     the House of Representatives shall select the co-chairperson.
       (d) Timing of Appointments.--Appointments to the Commission 
     shall be made not later than 45 days after the date of 
     enactment of this Act.
       (e) Terms; Vacancies.--Each member shall be appointed for 
     the duration of the Commission. Any vacancy in the Commission 
     shall not affect its powers, and shall be filled in the 
     manner in which the original appointment was made.
       (f) Compensation.--Members of the Commission shall serve 
     without pay.
       (g) Travel Expenses.--Each member of the Commission shall 
     be allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Commission.

     SEC. 4. DUTIES OF THE COMMISSION.

       (a) Study of Data.--The Commission shall conduct a 
     comprehensive study of the data inventory, data 
     infrastructure, database security, and statistical protocols 
     related to Federal policymaking and the agencies responsible 
     for maintaining that data to--
       (1) determine the optimal arrangement for which 
     administrative data on Federal programs and tax expenditures, 
     survey data, and related statistical data series may be 
     integrated and made available to facilitate program 
     evaluation, continuous improvement, policy-relevant research, 
     and cost-benefit analyses by qualified researchers and 
     institutions while weighing how integration might lead to the 
     intentional or unintentional access, breach, or release of 
     personally-identifiable information or records;
       (2) make recommendations on how data infrastructure, 
     database security, and statistical protocols should be 
     modified to best fulfill the objectives identified in 
     paragraph (1); and
       (3) make recommendations on how best to incorporate 
     outcomes measurement, institutionalize randomized controlled 
     trials, and rigorous impact analysis into program design.
       (b) Clearinghouse.--In undertaking the study required by 
     subsection (a), the Commission shall--
       (1) consider whether a clearinghouse for program and survey 
     data should be established and how to create such a 
     clearinghouse; and
       (2) evaluate--
       (A) what administrative data and survey data are relevant 
     for program evaluation and Federal policy-making and should 
     be included in a potential clearinghouse;
       (B) which survey data the administrative data identified in 
     subparagraph (A) may be linked to, in addition to linkages 
     across administrative data series, including the effect such 
     linkages may have on the security of those data;
       (C) what are the legal and administrative barriers to 
     including or linking these data series;
       (D) what data-sharing infrastructure should be used to 
     facilitate data merging and access for research purposes;
       (E) how a clearinghouse could be self-funded;
       (F) which types of researchers, officials, and institutions 
     should have access to data and what the qualifications of the 
     researchers, officials, and institutions should be;
       (G) what limitations should be placed on the use of data 
     provided;
       (H) how to protect information and ensure individual 
     privacy and confidentiality;
       (I) how data and results of research can be used to inform 
     program administrators and policymakers to improve program 
     design;
       (J) what incentives may facilitate interagency sharing of 
     information to improve programmatic effectiveness and enhance 
     data accuracy and comprehensiveness; and
       (K) how individuals whose data are used should be notified 
     of its usages.
       (c) Report.--Upon the affirmative vote of at least three-
     quarters of the members of the Commission, the Commission 
     shall submit to the President and Congress a detailed 
     statement of its findings and conclusions as a result of the 
     activities required by subsections (a) and (b), together with 
     its recommendations for such legislation or administrative 
     actions as the Commission considers appropriate in light of 
     the results of the study.
       (d) Deadline.--The report under subsection (c) shall be 
     submitted not later than the date that is 15 months after the 
     date a majority of the members of the Commission are 
     appointed pursuant to section 3.
       (e) Definition.--In this section, the term ``administrative 
     data'' means data--
       (1) held by an agency or a contractor or grantee of an 
     agency (including a State or unit of local government); and
       (2) collected for other than statistical purposes.

     SEC. 5. OPERATION AND POWERS OF THE COMMISSION.

       (a) Executive Branch Assistance.--The heads of the 
     following agencies shall advise and consult with the 
     Commission on matters within their respective areas of 
     responsibility:
       (1) The Bureau of the Census.
       (2) The Internal Revenue Service.
       (3) The Department of Health and Human Services.
       (4) The Department of Agriculture.
       (5) The Department of Housing and Urban Development.
       (6) The Social Security Administration.
       (7) The Department of Education.
       (8) The Department of Justice.
       (9) The Office of Management and Budget.
       (10) The Bureau of Economic Analysis.
       (11) The Bureau of Labor Statistics.
       (12) Any other agency, as determined by the Commission.
       (b) Meetings.--The Commission shall meet not later than 30 
     days after the date upon which a majority of its members have 
     been appointed and at such times thereafter as the 
     chairperson or co-chairperson shall determine.
       (c) Rules of Procedure.--The chairperson and co-chairperson 
     shall, with the approval of a majority of the members of the 
     Commission, establish written rules of procedure for the 
     Commission, which shall include a quorum requirement to 
     conduct the business of the Commission.
       (d) Hearings.--The Commission may, for the purpose of 
     carrying out this Act, hold hearings, sit and act at times 
     and places, take testimony, and receive evidence as the 
     Commission considers appropriate.
       (e) Contracts.--The Commission may contract with and 
     compensate government and private agencies or persons for any 
     purpose necessary to enable it to carry out this Act.
       (f) Mails.--The Commission may use the United States mails 
     in the same manner and under the same conditions as other 
     agencies of the Federal Government.
       (g) Gifts.--The Commission may accept, use, and dispose of 
     gifts or donations of services or property.

     SEC. 6. FUNDING.

       (a) In General.--Subject to subsection (b) and the 
     availability of appropriations--
       (1) at the request of the Director of the Census, the 
     agencies identified as ``Principal Statistical Agencies'' in 
     the report, published by the Office of Management and Budget, 
     entitled ``Statistical Programs of the United States 
     Government, Fiscal Year 2015'' shall transfer funds, as 
     specified in advance in appropriations Acts and in a total 
     amount not to exceed $3,000,000, to the Bureau of the Census 
     for purposes of carrying out the activities of the Commission 
     as provided in this Act; and
       (2) the Bureau of the Census shall provide administrative 
     support to the Commission, which may include providing 
     physical space at, and access to, the headquarters of the 
     Bureau of the Census, located in Suitland, Maryland.
       (b) Prohibition on New Funding.--No additional funds are 
     authorized to be appropriated to carry out this Act. This Act 
     shall be carried out using amounts otherwise available for 
     the Bureau of the Census or the agencies described in 
     subsection (a)(1).

     SEC. 7. PERSONNEL.

       (a) Director.--The Commission shall have a Director who 
     shall be appointed by the chairperson with the concurrence of 
     the co-chairperson. The Director shall be paid at a rate of 
     pay established by the chairperson and co-chairperson, not to 
     exceed the annual

[[Page S1548]]

     rate of basic pay payable for level V of the Executive 
     Schedule (section 5316 of title 5, United States Code).
       (b) Staff.--The Director may appoint and fix the pay of 
     additional staff as the Director considers appropriate.
       (c) Experts and Consultants.--The Commission may procure 
     temporary and intermittent services under section 3109(b) of 
     title 5, United States Code, at rates for individuals which 
     do not exceed the daily equivalent of the annual rate of 
     basic pay for a comparable position paid under the General 
     Schedule.

     SEC. 8. TERMINATION.

       The Commission shall terminate not later than 18 months 
     after the date of enactment of this Act.

                          ____________________