In the Senate of the United States, 

March 16, 2016. 

Resolved, That the bill from the House of Representatives (H.R. 1831) entitled ‘‘An Act to establish the Commission on Evidence-Based Policymaking, and for other purposes.’’, do pass with the following 

AMENDMENT: 

Strike all after the enacting clause and insert the 

following: 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Evidence-Based Policy3 making Commission Act of 2016’’. 

4 SEC. 2. ESTABLISHMENT. 

5 There is established in the executive branch a commis6 sion to be known as the ‘‘Commission on Evidence-Based 

7 Policymaking’’ (in this Act referred to as the ‘‘Commis8 sion’’). 
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1 SEC. 3. MEMBERS OF THE COMMISSION. 

2 (a) NUMBER AND APPOINTMENT.—The Commission 

3 shall be comprised of 15 members as follows: 

4 (1) Three shall be appointed by the President, of 

5 whom— 

6 (A) one shall be an academic researcher, 

7 data expert, or have experience in administering 

8 programs; 

9 (B) one shall be an expert in protecting per10 sonally-identifiable information and data mini11 mization; and 

12 (C) one shall be the Director of the Office of 

13 Management and Budget (or the Director’s des14 ignee). 

15 (2) Three shall be appointed by the Speaker of 

16 the House of Representatives, of whom— 

17 (A) two shall be academic researchers, data 

18 experts, or have experience in administering pro19 grams; and 

20 (B) one shall be an expert in protecting per21 sonally-identifiable information and data mini22 mization. 

23 (3) Three shall be appointed by the Minority 

24 Leader of the House of Representatives, of whom— 
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1 (A) two shall be academic researchers, data 

2 experts, or have experience in administering pro3 grams; and 

4 (B) one shall be an expert in protecting per5 sonally-identifiable information and data mini6 mization. 

7 (4) Three shall be appointed by the Majority 

8 Leader of the Senate, of whom— 

9 (A) two shall be academic researchers, data 

10 experts, or have experience in administering pro11 grams; and 

12 (B) one shall be an expert in protecting per13 sonally-identifiable information and data mini14 mization. 

15 (5) Three shall be appointed by the Minority 

16 Leader of the Senate, of whom— 

17 (A) two shall be academic researchers, data 

18 experts, or have experience in administering pro19 grams; and 

20 (B) one shall be an expert in protecting per21 sonally-identifiable information and data mini22 mization. 

23 (b) EXPERTISE.—In making appointments under this 

24 section, consideration should be given to individuals with 
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1 expertise in economics, statistics, program evaluation, data 

2 security, confidentiality, or database management. 

3 (c) CHAIRPERSON AND CO-CHAIRPERSON.—The Presi4 dent shall select the chairperson of the Commission and the 

5 Speaker of the House of Representatives shall select the co6 chairperson. 

7 (d) TIMING OF APPOINTMENTS.—Appointments to the 

8 Commission shall be made not later than 45 days after the 

9 date of enactment of this Act. 

10 (e) TERMS; VACANCIES.—Each member shall be ap11 pointed for the duration of the Commission. Any vacancy 

12 in the Commission shall not affect its powers, and shall be 

13 filled in the manner in which the original appointment was 

14 made. 

15 (f) COMPENSATION.—Members of the Commission shall 

16 serve without pay. 

17 (g) TRAVEL EXPENSES.—Each member of the Com18 mission shall be allowed travel expenses, including per diem 

19 in lieu of subsistence, at rates authorized for employees of 

20 agencies under subchapter I of chapter 57 of title 5, United 

21 States Code, while away from their homes or regular places 

22 of business in the performance of services for the Commis23 sion. 
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1 SEC. 4. DUTIES OF THE COMMISSION. 

2 (a) STUDY OF DATA.—The Commission shall conduct 

3 a comprehensive study of the data inventory, data infra4 structure, database security, and statistical protocols re5 lated to Federal policymaking and the agencies responsible 

6 for maintaining that data to— 

7 (1) determine the optimal arrangement for which 

8 administrative data on Federal programs and tax ex9 penditures, survey data, and related statistical data 

10 series may be integrated and made available to facili11 tate program evaluation, continuous improvement, 

12 policy-relevant research, and cost-benefit analyses by 

13 qualified researchers and institutions while weighing 

14 how integration might lead to the intentional or un15 intentional access, breach, or release of personally16 identifiable information or records; 

17 (2) make recommendations on how data infra18 structure, database security, and statistical protocols 

19 should be modified to best fulfill the objectives identi20 fied in paragraph (1); and 

21 (3) make recommendations on how best to incor22 porate outcomes measurement, institutionalize ran23 domized controlled trials, and rigorous impact anal24 ysis into program design. 

25 (b) CLEARINGHOUSE.—In undertaking the study re26 quired by subsection (a), the Commission shall— 
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1 (1) consider whether a clearinghouse for program 

2 and survey data should be established and how to cre3 ate such a clearinghouse; and 

4 (2) evaluate— 

5 (A) what administrative data and survey 

6 data are relevant for program evaluation and 

7 Federal policy-making and should be included in 

8 a potential clearinghouse; 

9 (B) which survey data the administrative 

10 data identified in subparagraph (A) may be 

11 linked to, in addition to linkages across adminis12 trative data series, including the effect such link13 ages may have on the security of those data; 

14 (C) what are the legal and administrative 

15 barriers to including or linking these data series; 

16 (D) what data-sharing infrastructure should 

17 be used to facilitate data merging and access for 

18 research purposes; 

19 (E) how a clearinghouse could be self-fund20 ed; 

21 (F) which types of researchers, officials, and 

22 institutions should have access to data and what 

23 the qualifications of the researchers, officials, and 

24 institutions should be; 
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1 (G) what limitations should be placed on 

2 the use of data provided; 

3 (H) how to protect information and ensure 

4 individual privacy and confidentiality; 

5 (I) how data and results of research can be 

6 used to inform program administrators and pol7 icymakers to improve program design; 

8 (J) what incentives may facilitate inter9 agency sharing of information to improve pro10 grammatic effectiveness and enhance data accu11 racy and comprehensiveness; and 

12 (K) how individuals whose data are used 

13 should be notified of its usages. 

14 (c) REPORT.—Upon the affirmative vote of at least 

15 three-quarters of the members of the Commission, the Com16 mission shall submit to the President and Congress a de17 tailed statement of its findings and conclusions as a result 

18 of the activities required by subsections (a) and (b), together 

19 with its recommendations for such legislation or adminis20 trative actions as the Commission considers appropriate in 

21 light of the results of the study. 

22 (d) DEADLINE.—The report under subsection (c) shall 

23 be submitted not later than the date that is 15 months after 

24 the date a majority of the members of the Commission are 

25 appointed pursuant to section 3. 
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1 (e) DEFINITION.—In this section, the term ‘‘adminis2 trative data’’ means data— 

3 (1) held by an agency or a contractor or grantee 

4 of an agency (including a State or unit of local gov5 ernment); and 

6 (2) collected for other than statistical purposes. 

7 SEC. 5. OPERATION AND POWERS OF THE COMMISSION. 

8 (a) EXECUTIVE BRANCH ASSISTANCE.—The heads of 

9 the following agencies shall advise and consult with the 

10 Commission on matters within their respective areas of re11 sponsibility: 

12 (1) The Bureau of the Census. 

13 (2) The Internal Revenue Service. 

14 (3) The Department of Health and Human Serv15 ices. 

16 (4) The Department of Agriculture. 

17 (5) The Department of Housing and Urban De18 velopment. 

19 (6) The Social Security Administration. 

20 (7) The Department of Education. 

21 (8) The Department of Justice. 

22 (9) The Office of Management and Budget. 

23 (10) The Bureau of Economic Analysis. 

24 (11) The Bureau of Labor Statistics. 
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1 (12) Any other agency, as determined by the 

2 Commission. 

3 (b) MEETINGS.—The Commission shall meet not later 

4 than 30 days after the date upon which a majority of its 

5 members have been appointed and at such times thereafter 

6 as the chairperson or co-chairperson shall determine. 

7 (c) RULES OF PROCEDURE.—The chairperson and co8 chairperson shall, with the approval of a majority of the 

9 members of the Commission, establish written rules of proce10 dure for the Commission, which shall include a quorum re11 quirement to conduct the business of the Commission. 

12 (d) HEARINGS.—The Commission may, for the pur13 pose of carrying out this Act, hold hearings, sit and act 

14 at times and places, take testimony, and receive evidence 

15 as the Commission considers appropriate. 

16 (e) CONTRACTS.—The Commission may contract with 

17 and compensate government and private agencies or per18 sons for any purpose necessary to enable it to carry out 

19 this Act. 

20 (f) MAILS.—The Commission may use the United 

21 States mails in the same manner and under the same condi22 tions as other agencies of the Federal Government. 

23 (g) GIFTS.—The Commission may accept, use, and 

24 dispose of gifts or donations of services or property. 
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1 SEC. 6. FUNDING. 

2 (a) IN GENERAL.—Subject to subsection (b) and the 

3 availability of appropriations— 

4 (1) at the request of the Director of the Census, 

5 the agencies identified as ‘‘Principal Statistical Agen6 cies’’ in the report, published by the Office of Manage7 ment and Budget, entitled ‘‘Statistical Programs of 

8 the United States Government, Fiscal Year 2015’’ 

9 shall transfer funds, as specified in advance in appro10 priations Acts and in a total amount not to exceed 

11 $3,000,000, to the Bureau of the Census for purposes 

12 of carrying out the activities of the Commission as 

13 provided in this Act; and 

14 (2) the Bureau of the Census shall provide ad15 ministrative support to the Commission, which may 

16 include providing physical space at, and access to, the 

17 headquarters of the Bureau of the Census, located in 

18 Suitland, Maryland. 

19 (b) PROHIBITION ON NEW FUNDING.—No additional 

20 funds are authorized to be appropriated to carry out this 

21 Act. This Act shall be carried out using amounts otherwise 

22 available for the Bureau of the Census or the agencies de23 scribed in subsection (a)(1). 

24 SEC. 7. PERSONNEL. 

25 (a) DIRECTOR.—The Commission shall have a Direc26 tor who shall be appointed by the chairperson with the con-
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1 currence of the co-chairperson. The Director shall be paid 

2 at a rate of pay established by the chairperson and co-chair3 person, not to exceed the annual rate of basic pay payable 

4 for level V of the Executive Schedule (section 5316 of title 

5 5, United States Code). 

6 (b) STAFF.—The Director may appoint and fix the 

7 pay of additional staff as the Director considers appro8 priate. 

9 (c) EXPERTS AND CONSULTANTS.—The Commission 

10 may procure temporary and intermittent services under 

11 section 3109(b) of title 5, United States Code, at rates for 

12 individuals which do not exceed the daily equivalent of the 

13 annual rate of basic pay for a comparable position paid 

14 under the General Schedule. 

15 SEC. 8. TERMINATION. 

16 The Commission shall terminate not later than 18 

17 months after the date of enactment of this Act. 

Attest: 

Secretary. 
114TH CONGRESS 

2D SESSION H.R. 1831 

AMENDMENT