[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1831 Enrolled Bill (ENR)]
H.R.1831
One Hundred Fourteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the fourth day of January, two thousand and sixteen
An Act
To establish the Commission on Evidence-Based Policymaking, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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

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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'').

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(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.

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(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.

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(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.

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(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).

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(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 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.

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The Commission shall terminate not later than 18 months after the
date of enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Evidence-Based Policymaking Commission Act of 2015 — HR. 1831

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