[114th Congress Public Law 140]
[From the U.S. Government Publishing Office]
[[Page 130 STAT. 317]]
Public Law 114-140
114th Congress
An Act
To establish the Commission on Evidence-Based Policymaking, and for
other purposes. <<NOTE: Mar. 30, 2016 - [H.R. 1831]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Evidence-Based
Policymaking Commission Act of 2016.>>
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 ``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) <<NOTE: President.>> 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--
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(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) <<NOTE: President.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Evaluation.>> 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;
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(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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Consultation.>> 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.
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(12) Any other agency, as determined by the Commission.
(b) <<NOTE: Deadline.>> 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) <<NOTE: Appointment.>> 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 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.
[[Page 130 STAT. 321]]
SEC. 8. TERMINATION.
The Commission shall terminate not later than 18 months after the
date of enactment of this Act.
Approved March 30, 2016.
LEGISLATIVE HISTORY--H.R. 1831 (S. 991):
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HOUSE REPORTS: No. 114-211 (Comm. on Oversight and Government Reform).
SENATE REPORTS: No. 114-151 (Comm. on Homeland Security and Governmental
Affairs) accompanying S. 991.
CONGRESSIONAL RECORD:
Vol. 161 (2015):
July 27, considered and passed
House.
Vol. 162 (2016):
Mar. 16, considered and passed
Senate, amended.
Mar. 17, House concurred in Senate
amendment.
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