[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]
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
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``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
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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.
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