II 

Calendar No. 244 

114TH CONGRESS 

1ST SESSION S. 991 

[Report No. 114–151] 

To establish the Commission on Evidence-Based Policymaking, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 16, 2015 

Mrs. MURRAY (for herself and Ms. BALDWIN) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

OCTOBER 1, 2015 

Reported by Mr. JOHNSON, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To establish the Commission on Evidence-Based 

Policymaking, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Evidence-Based Policy5 making Commission Act of 2015’’. 


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1 SEC. 2. ESTABLISHMENT. 

2 There is established in the executive branch a com3 mission to be known as the ‘‘Commission on Evidence4 Based Policymaking’’ (in this Act referred to as the ‘‘Com5 mission’’). 

6 SEC. 3. MEMBERS OF THE COMMISSION. 

7 (a) NUMBER AND APPOINTMENT.—The Commission 

8 shall be comprised of 15 members as follows: 

9 (1) Three shall be appointed by the President, 

10 of whom— 

11 (A) 1 shall be an academic researcher, 

12 data expert, or have experience in administering 

13 programs; 

14 (B) 1 shall have expertise in database 

15 management, confidentiality, and privacy mat16 ters; and 

17 (C) 1 shall be the Director of the Office of 

18 Management and Budget (or the Director’s des19 ignee). 

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

21 the House of Representatives, of whom— 

22 (A) 2 shall be academic researchers, data 

23 experts, or have experience in administering 

24 programs; and 


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1 (B) 1 shall have expertise in database 

2 management, confidentiality, and privacy mat3 ters. 

4 (3) Three shall be appointed by the Minority 

5 Leader of the House of Representatives, of whom— 

6 (A) 2 shall be academic researchers, data 

7 experts, or have experience in administering 

8 programs; and 

9 (B) 1 shall have expertise in database 

10 management, confidentiality, and privacy mat11 ters. 

12 (4) Three shall be appointed by the Majority 

13 Leader of the Senate, of whom— 

14 (A) 2 shall be academic researchers, data 

15 experts, or have experience in administering 

16 programs; and 

17 (B) 1 shall have expertise in database 

18 management, confidentiality, and privacy mat19 ters. 

20 (5) Three shall be appointed by the Minority 

21 Leader of the Senate, of whom— 

22 (A) 2 shall be academic researchers, data 

23 experts, or have experience in administering 

24 programs; and 


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1 (B) 1 shall have expertise in database 

2 management, confidentiality, and privacy mat3 ters. 

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

5 section, consideration should be given to individuals with 

6 expertise in economics, statistics, program evaluation, 

7 data security, confidentiality, or database management. 

8 (c) CHAIRPERSON AND CO-CHAIRPERSON.—The 

9 President shall select the chairperson of the Commission 

10 and the Speaker of the House of Representatives shall se11 lect the co-chairperson. 

12 (d) TIMING OF APPOINTMENTS.—Appointments to 

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

14 the date of enactment of this Act. 

15 (e) TERMS; VACANCIES.—Each member shall be ap16 pointed for the duration of the Commission. Any vacancy 

17 in the Commission shall not affect its powers, and shall 

18 be filled in the manner in which the original appointment 

19 was made. 

20 (f) COMPENSATION.—Members of the Commission 

21 shall serve without pay. 

22 (g) TRAVEL EXPENSES.—Each member of the Com23 mission shall be allowed travel expenses, including per 

24 diem in lieu of subsistence, at rates authorized for employ25 ees of agencies under subchapter I of chapter 57 of title 


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1 5, United States Code, while away from their homes or 

2 regular places of business in the performance of services 

3 for the Commission. 

4 SEC. 4. DUTIES OF THE COMMISSION. 

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

6 a comprehensive study of the data inventory, data infra7 structure, and statistical protocols related to Federal pol8 icymaking and the statistical and programmatic agencies 

9 responsible for maintaining that data to— 

10 (1) determine the optimal arrangement for 

11 which administrative data on Federal programs and 

12 tax expenditures and related data series may be in13 tegrated and made available to facilitate program 

14 evaluation, continuous improvement, policy-relevant 

15 research, and cost-benefit analyses by qualified re16 searchers and institutions; 

17 (2) make recommendations on how data infra18 structure and protocols should be modified to best 

19 fulfill the objectives identified in paragraph (1); and 

20 (3) make recommendations on how best to in21 corporate outcomes measurement, institutionalize 

22 randomized controlled trials, and rigorous impact 

23 analysis into program design. 

24 (b) CLEARINGHOUSE.—In undertaking the study re25 quired by subsection (a), the Commission shall consider 


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1 if and how to create a clearinghouse for program and sur2 vey data, which shall include evaluation of— 

3 (1) what administrative data that are relevant 

4 for program evaluation and Federal policymaking 

5 should be included in a potential clearinghouse; 

6 (2) which survey data the administrative data 

7 identified in paragraph (1) may be linked to, in ad8 dition to linkages across administrative data series; 

9 (3) what are the legal and administrative bar10 riers to including or linking these data series; 

11 (4) what data-sharing infrastructure should be 

12 used to facilitate data merging and access for re13 search purposes; 

14 (5) how a clearinghouse could be self-funded; 

15 (6) which types of qualified researchers, offi16 cials, and institutions should have access to data; 

17 (7) what limitations should be placed on the use 

18 of data provided; 

19 (8) how to protect information and ensure indi20 vidual privacy and confidentiality; 

21 (9) how the data and results of research can be 

22 used to inform program administrators and policy23 makers to improve program design; and 

24 (10) what incentives may facilitate interagency 

25 sharing of information to improve programmatic efVerDate Sep 11 2014 00:07 Oct 02, 2015 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S991.RS S991

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1 fectiveness and enhance data accuracy and com2 prehensiveness. 

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

4 three-quarters of the members of the Commission, the 

5 Commission shall submit to the President and Congress 

6 a detailed statement of its findings and conclusions as a 

7 result of the study required by subsection (a), together 

8 with its recommendations for such legislation or adminis9 trative actions as the Commission considers appropriate 

10 in light of the results of the study. 

11 (d) DEADLINE.—The report under subsection (c) 

12 shall be submitted not later than the date that is 15 

13 months after the date a majority of the members of the 

14 Commission are appointed pursuant to section 3. 

15 (e) DEFINITION.—In this section, the term ‘‘adminis16 trative data’’ means data— 

17 (1) held by an agency or a contractor or grant18 ee of an agency (including a State or unit of local 

19 government); and 

20 (2) collected for other than statistical purposes. 

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

22 (a) ADMINISTRATIVE ASSISTANCE.—The heads of 

23 the following agencies shall advise and consult with the 

24 Commission on matters within their respective areas of re25 sponsibility: 


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1 (1) The Bureau of the Census. 

2 (2) The Internal Revenue Service. 

3 (3) The Department of Health and Human 

4 Services. 

5 (4) The Department of Agriculture. 

6 (5) The Department of Housing and Urban De7 velopment. 

8 (6) The Social Security Administration. 

9 (7) The Department of Education. 

10 (8) The Department of Justice. 

11 (9) The Office of Management and Budget. 

12 (10) The Bureau of Economic Analysis. 

13 (11) The Bureau of Labor Statistics. 

14 (12) Any other agency, as determined by the 

15 Commission. 

16 (b) MEETINGS.—The Commission shall meet not 

17 later than 30 days after the date upon which a majority 

18 of its members have been appointed and at such times 

19 thereafter as the chairperson or co-chairperson shall deter20 mine. 

21 (c) RULES OF PROCEDURE.—The chairperson and 

22 co-chairperson shall, with the approval of a majority of 

23 the members of the Commission, establish written rules 

24 of procedure for the Commission, which shall include a 


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1 quorum requirement to conduct the business of the Com2 mission. 

3 (d) HEARINGS.—The Commission may, for the pur4 pose of carrying out this Act, hold hearings, sit and act 

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

6 as the Commission considers appropriate. 

7 (e) CONTRACTS.—The Commission may contract 

8 with and compensate government and private agencies or 

9 persons for any purpose necessary to enable it to carry 

10 out this Act. 

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

12 States mails in the same manner and under the same con13 ditions as other agencies of the Federal Government. 

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

15 dispose of gifts or donations of services or property. 

16 SEC. 6. FUNDING. 

17 Subject to the availability of appropriations— 

18 (1) at the request of the Director of the Cen19 sus, the agencies identified as ‘‘Principal Statistical 

20 Agencies’’ in the report, published by the Office of 

21 Management and Budget, entitled ‘‘Statistical Pro22 grams of the United States Government, Fiscal Year 

23 2015’’ shall provide funds, in a total amount not to 

24 exceed $3,000,000, to the Director for purposes of 


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1 carrying out the activities of the Commission as pro2 vided in this Act; and 

3 (2) the Bureau of the Census shall provide ad4 ministrative support to the Commission, which may 

5 include providing physical space at, and access to, 

6 the headquarters of the Bureau of the Census, lo7 cated in Suitland, Maryland. 

8 SEC. 7. PERSONNEL. 

9 (a) DIRECTOR.—The Commission shall have a Direc10 tor who shall be appointed by the chairperson with the 

11 concurrence of the co-chairperson. The Director shall be 

12 paid at a rate of pay established by the chairperson and 

13 co-chairperson, not to exceed the annual rate of basic pay 

14 payable for level V of the Executive Schedule (section 

15 5316 of title 5, United States Code). 

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

17 pay of additional staff as the Director considers appro18 priate. 

19 (c) EXPERTS AND CONSULTANTS.—The Commission 

20 may procure temporary and intermittent services under 

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

22 for individuals which do not exceed the daily equivalent 

23 of the annual rate of basic pay for a comparable position 

24 paid under the General Schedule. 


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1 SEC. 8. TERMINATION. 

2 The Commission shall terminate not later than 18 

3 months after the date of enactment of this Act. 

4 SECTION 1. SHORT TITLE. 

5 This Act may be cited as the ‘‘Evidence-Based Policy6 making Commission Act of 2015’’. 

7 SEC. 2. ESTABLISHMENT. 

8 There is established in the executive branch a commis9 sion to be known as the ‘‘Commission on Evidence-Based 

10 Policymaking’’ (in this Act referred to as the ‘‘Commis11 sion’’). 

12 SEC. 3. MEMBERS OF THE COMMISSION. 

13 (a) NUMBER AND APPOINTMENT.—The Commission 

14 shall be comprised of 15 members as follows: 

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

16 whom— 

17 (A) one shall be an academic researcher, 

18 data expert, or have experience in administering 

19 programs; 

20 (B) one shall have expertise in database 

21 management, confidentiality, and privacy mat22 ters; and 

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

24 Management and Budget (or the Director’s des25 ignee). 


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

2 the House of Representatives, of whom— 

3 (A) two shall be academic researchers, data 

4 experts, or have experience in administering pro5 grams; and 

6 (B) one shall have expertise in database 

7 management, confidentiality, and privacy mat8 ters. 

9 (3) Three shall be appointed by the Minority 

10 Leader of the House of Representatives, of whom— 

11 (A) two shall be academic researchers, data 

12 experts, or have experience in administering pro13 grams; and 

14 (B) one shall have expertise in database 

15 management, confidentiality, and privacy mat16 ters. 

17 (4) Three shall be appointed by the Majority 

18 Leader of the Senate, of whom— 

19 (A) two shall be academic researchers, data 

20 experts, or have experience in administering pro21 grams; and 

22 (B) one shall have expertise in database 

23 management, confidentiality, and privacy mat24 ters. 


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1 (5) Three shall be appointed by the Minority 

2 Leader of the Senate, of whom— 

3 (A) two shall be academic researchers, data 

4 experts, or have experience in administering pro5 grams; and 

6 (B) one shall have expertise in database 

7 management, confidentiality, and privacy mat8 ters. 

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

10 section, consideration should be given to individuals with 

11 expertise in economics, statistics, program evaluation, data 

12 security, confidentiality, or database management. 

13 (c) CHAIRPERSON AND CO-CHAIRPERSON.—The Presi14 dent shall select the chairperson of the Commission and the 

15 Speaker of the House of Representatives shall select the co16 chairperson. 

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

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

19 date of enactment of this Act. 

20 (e) TERMS; VACANCIES.—Each member shall be ap21 pointed for the duration of the Commission. Any vacancy 

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

23 filled in the manner in which the original appointment was 

24 made. 


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

2 serve without pay. 

3 (g) TRAVEL EXPENSES.—Each member of the Com4 mission shall be allowed travel expenses, including per diem 

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

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

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

8 of business in the performance of services for the Commis9 sion. 

10 SEC. 4. DUTIES OF THE COMMISSION. 

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

12 a comprehensive study of the data inventory, data infra13 structure, and statistical protocols related to Federal policy14 making and the agencies responsible for maintaining that 

15 data to— 

16 (1) determine the optimal arrangement for which 

17 administrative data on Federal programs and tax ex18 penditures, survey data, and related statistical data 

19 series may be integrated and made available to facili20 tate program evaluation, continuous improvement, 

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

22 qualified researchers and institutions; 

23 (2) make recommendations on how data infra24 structure and statistical protocols should be modified 


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1 to best fulfill the objectives identified in paragraph 

2 (1); and 

3 (3) make recommendations on how best to incor4 porate outcomes measurement, institutionalize ran5 domized controlled trials, and rigorous impact anal6 ysis into program design. 

7 (b) CLEARINGHOUSE.—In undertaking the study re8 quired by subsection (a), the Commission shall— 

9 (1) consider whether a clearinghouse for program 

10 and survey data should be established and how to cre11 ate such a clearinghouse; and 

12 (2) evaluate— 

13 (A) what administrative data and survey 

14 data are relevant for program evaluation and 

15 Federal policymaking and should be included in 

16 a potential clearinghouse; 

17 (B) which survey data the administrative 

18 data identified in subparagraph (A) may be 

19 linked to, in addition to linkages across adminis20 trative data series; 

21 (C) what are the legal and administrative 

22 barriers to including or linking these data series; 

23 (D) what data-sharing infrastructure should 

24 be used to facilitate data merging and access for 

25 research purposes; 


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1 (E) how a clearinghouse could be self-fund2 ed; 

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

4 institutions should have access to data and what 

5 the qualifications of the researchers, officials, and 

6 institutions should be; 

7 (G) what limitations should be placed on 

8 the use of data provided; 

9 (H) how to protect information and ensure 

10 individual privacy and confidentiality; 

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

12 used to inform program administrators and pol13 icymakers to improve program design; and 

14 (J) what incentives may facilitate inter15 agency sharing of information to improve pro16 grammatic effectiveness and enhance data accu17 racy and comprehensiveness. 

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

19 three-quarters of the members of the Commission, the Com20 mission shall submit to the President and Congress a de21 tailed statement of its findings and conclusions as a result 

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

23 with its recommendations for such legislation or adminis24 trative actions as the Commission considers appropriate in 

25 light of the results of the study. 


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

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

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

4 appointed pursuant to section 3. 

5 (e) DEFINITION.—In this section, the term ‘‘adminis6 trative data’’ means data— 

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

8 of an agency (including a State or unit of local gov9 ernment); and 

10 (2) collected for other than statistical purposes. 

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

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

13 the following agencies shall advise and consult with the 

14 Commission on matters within their respective areas of re15 sponsibility: 

16 (1) The Bureau of the Census. 

17 (2) The Internal Revenue Service. 

18 (3) The Department of Health and Human Serv19 ices. 

20 (4) The Department of Agriculture. 

21 (5) The Department of Housing and Urban De22 velopment. 

23 (6) The Social Security Administration. 

24 (7) The Department of Education. 

25 (8) The Department of Justice. 


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1 (9) The Office of Management and Budget. 

2 (10) The Bureau of Economic Analysis. 

3 (11) The Bureau of Labor Statistics. 

4 (12) Any other agency, as determined by the 

5 Commission. 

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

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

8 members have been appointed and at such times thereafter 

9 as the chairperson or co-chairperson shall determine. 

10 (c) RULES OF PROCEDURE.—The chairperson and co11 chairperson shall, with the approval of a majority of the 

12 members of the Commission, establish written rules of proce13 dure for the Commission, which shall include a quorum re14 quirement to conduct the business of the Commission. 

15 (d) HEARINGS.—The Commission may, for the pur16 pose of carrying out this Act, hold hearings, sit and act 

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

18 as the Commission considers appropriate. 

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

20 and compensate government and private agencies or per21 sons for any purpose necessary to enable it to carry out 

22 this Act. 

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

24 States mails in the same manner and under the same condi25 tions as other agencies of the Federal Government. 


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

2 dispose of gifts or donations of services or property. 

3 SEC. 6. FUNDING. 

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

5 availability of appropriations— 

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

7 the agencies identified as ‘‘Principal Statistical Agen8 cies’’ in the report, published by the Office of Manage9 ment and Budget, entitled ‘‘Statistical Programs of 

10 the United States Government, Fiscal Year 2015’’ 

11 shall provide funds, in a total amount not to exceed 

12 $3,000,000, to the Director for purposes of carrying 

13 out the activities of the Commission as provided in 

14 this Act; and 

15 (2) the Bureau of the Census shall provide ad16 ministrative support to the Commission, which may 

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

18 headquarters of the Bureau of the Census, located in 

19 Suitland, Maryland. 

20 (b) PROHIBITION ON NEW FUNDING.—No funds are 

21 authorized to be appropriated to carry out this Act and 

22 the amendments made by this Act. This Act and such 

23 amendments shall be carried out using amounts appro24 priated or otherwise made available for such purposes. 


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1 SEC. 7. PERSONNEL. 

2 (a) DIRECTOR.—The Commission shall have a Direc3 tor who shall be appointed by the chairperson with the con4 currence of the co-chairperson. The Director shall be paid 

5 at a rate of pay established by the chairperson and co-chair6 person, not to exceed the annual rate of basic pay payable 

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

8 5, United States Code). 

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

10 pay of additional staff as the Director considers appro11 priate. 

12 (c) EXPERTS AND CONSULTANTS.—The Commission 

13 may procure temporary and intermittent services under 

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

15 individuals which do not exceed the daily equivalent of the 

16 annual rate of basic pay for a comparable position paid 

17 under the General Schedule. 

18 SEC. 8. TERMINATION. 

19 The Commission shall terminate not later than 18 

20 months after the date of enactment of this Act. 


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Calendar No. 244 

114TH CONGRESS 

1ST SESSION S. 991 

[Report No. 114–151] 

A BILL 

To establish the Commission on Evidence-Based 

Policymaking, and for other purposes. 

OCTOBER 1, 2015 

Reported with an amendment 


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