[Congressional Record (Bound Edition), Volume 161 (2015), Part 9]
[House]
[Pages 12758-12761]
[From the U.S. Government Publishing Office, www.gpo.gov]




           EVIDENCE-BASED POLICYMAKING COMMISSION ACT OF 2015

  Mr. CHAFFETZ. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1831) to establish the Commission on Evidence-Based 
Policymaking, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1831

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Evidence-Based Policymaking 
     Commission Act of 2015''.

     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'').

[[Page 12759]]



     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 have expertise in database management, 
     confidentiality, and privacy matters; 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 have expertise in database management, 
     confidentiality, and privacy matters.
       (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 have expertise in database management, 
     confidentiality, and privacy matters.
       (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 have expertise in database management, 
     confidentiality, and privacy matters.
       (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 have expertise in database management, 
     confidentiality, and privacy matters.
       (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, 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;
       (2) make recommendations on how data infrastructure 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 consider whether a 
     clearinghouse for program and survey data should be 
     established and how to create such a clearinghouse. The 
     Commission shall evaluate--
       (1) what administrative data and survey data are relevant 
     for program evaluation and Federal policy-making and should 
     be included in a potential clearinghouse;
       (2) which survey data the administrative data identified in 
     paragraph (1) may be linked to, in addition to linkages 
     across administrative data series;
       (3) what are the legal and administrative barriers to 
     including or linking these data series;
       (4) what data-sharing infrastructure should be used to 
     facilitate data merging and access for research purposes;
       (5) how a clearinghouse could be self-funded;
       (6) which types of researchers, officials, and institutions 
     should have access to data and what their qualifications 
     should be;
       (7) what limitations should be placed on the use of data 
     provided;
       (8) how to protect information and ensure individual 
     privacy and confidentiality;
       (9) how data and results of research can be used to inform 
     program administrators and policymakers to improve program 
     design; and
       (10) what incentives may facilitate interagency sharing of 
     information to improve programmatic effectiveness and enhance 
     data accuracy and comprehensiveness.
       (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 rate of basic pay payable for level V of 
     the Executive Schedule (section 5316 of title 5, United 
     States Code).

[[Page 12760]]

       (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 to 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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Utah (Mr. Chaffetz) and the gentlewoman from Michigan (Mrs. Lawrence) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Utah.


                             General Leave

  Mr. CHAFFETZ. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous materials on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Utah?
  There was no objection.
  Mr. CHAFFETZ. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of H.R. 1831, as amended, 
introduced by the gentleman from Wisconsin (Mr. Ryan), my friend, the 
chairman of the Ways and Means Committee.
  H.R. 1831 establishes a commission to study data across the Federal 
Government in order to approve policymaking. Under the bill, the 
President and the congressional leaders will appoint 15 leading 
researchers, program administrators, and data and privacy experts who 
will have 18 months to complete their work.
  The commission will determine the best way to make the data 
accessible they need to make informed policy decisions. It will 
consider whether or not a clearinghouse would be a more prudent method 
of coordinating and protecting data.
  The commission will also make recommendations on how to incorporate 
outcome data when designing Federal programs. It will help ensure the 
taxpayer can track the value of the program from the very first dollar 
that is spent. Chairman Paul Ryan has tackled many important issues in 
this bill, ensuring access to existing Federal data to improve public 
policy decisionmaking.
  The Government Accountability Office repeatedly calls for more and 
better data for both GAO and agencies to effectively analyze Federal 
programs. Policymakers need access to data for decisionmaking so the 
Federal Government can be an effective steward of the taxpayers' money 
and resources.
  The Federal Government administers more than 1,500 different 
programs, and the Congressional Budget Office estimates the annual 
Federal spending will exceed $4 trillion in just 2 years' time.
  We know that some programs are duplicative or wasteful, but what 
about all the others? Are they working? Do they make taxpayers' lives 
better? For the most part, we simply do not know and have the analytics 
to back it up.
  According to two former Office of Management and Budget Directors--
OMB Directors--Mr. Jim Nussle and Mr. Peter Orszag, less than 1 percent 
of Federal spending is based on such evidence.
  The first step in ensuring evidence-based policy is to understand 
what data the Federal Government already has. From there, we can make 
an informed plan on how to protect the data while ensuring greater 
access for decisionmakers and a more informed public.
  I want to thank Chairman Paul Ryan for his work to give policymakers 
and the taxpayer access to the data needed to improve program results.
  Senator Patty Murray has introduced the companion bill in the United 
States Senate, and President Obama has called for an emphasis on 
evidence-based policies in his budget as well.
  I want to thank, again, Chairman Ryan for his leadership and work on 
the bill, and I urge my colleagues to support H.R. 1831.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. LAWRENCE. Mr. Speaker, I yield myself such time as I may 
consume.
  The Evidence-Based Policymaking Commission Act was introduced in the 
House by Representative Paul Ryan and in the Senate by Senator Patty 
Murray on April 16, 2015. The Committee on Oversight and Government 
Reform ordered the bill reported by voice vote on May 19, 2015.
  The bill, as amended, will create a 15-member commission to study 
ways to improve the use of administrative data on Federal programs and 
tax expenditures. The commission would also consider whether to 
establish a clearinghouse for information collected by Federal 
agencies.
  Federal agencies collect a large amount of data on existing programs, 
and they are also the beneficiaries of those programs. Too often, 
however, Federal agencies do not share data with other agencies or with 
private researchers in a way that can help determine what is working 
and what is not.
  The administration called for greater use of evidence to improve 
Federal programs, especially in the areas of education, health, and 
international development programs. The authors of this bill have 
worked with the administration in drafting this legislation.
  In examining ways to better use administrative data, it is critical 
to ensure that the privacy of individuals continues to be protected. 
That is why the members of this commission would be required to have 
expertise not only in economics and statistics, but also in data 
security and confidentiality.
  This bill is supported by a wide range of private sector 
organizations, from The Heritage Foundation to the Urban Institute.
  I believe an evidence-based policymaking commission would help us 
improve the way the Federal Government works. I urge my colleagues to 
support this bill, and I reserve the balance of my time.
  Mr. CHAFFETZ. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I wanted to highlight the President's budget, on page 
65, where it says: ``The Budget also embraces Representative Paul Ryan 
and Senator Patty Murray's proposal to create a commission that would 
make recommendations about how to fully realize the potential of 
administrative data to improve Federal programs. The proposal 
exemplifies the high-level and bipartisan momentum for doing more to 
tap this important resource.''
  It is important that we come together. In this case, I want to thank 
members on both sides of the aisle, there in the Oversight and 
Government Reform Committee.
  I am somewhat resistant to creating another commission or board; it 
seems like we have an awful lot of these, but here, we see some good 
thinking in a bipartisan way with some support from not only the House 
of Representatives and the United States Senate, but also the President 
of the United States.
  I see fit to pass this out of our committee. It sailed through, and I 
believe that it is a good bill and would urge our Members to vote 
``aye'' in favor of this piece of legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. LAWRENCE. Mr. Speaker, I yield myself such time as I may 
consume.
  I want to state that being a Member of Congress, a freshman, that it 
is refreshing to be able to stand here today on a bipartisan bill and 
be supportive.
  I do want the Record to reflect that the bill would require the 
President and four congressional leaders to each appoint three 
commission members. One of the President's appointees will be the 
Director of the Office of Management and Budget or a designee.
  Some members would have to have experience as academic researchers, 
data experts, or program administrators. Other members would be 
required to have experience with database management confidentiality 
and privacy matters. Individuals with expertise in economics, 
statistics, program, and evaluation will also be considered.
  It is important that we understand that there are currently so many 
of our

[[Page 12761]]

agencies that are collecting data and that now we have understood and 
in the spirit of being efficient and being progressive in our 
government, that this commission will satisfy that.
  I am very much in support of this and urge my colleagues, and I yield 
back the balance of my time.
  Mr. CHAFFETZ. Mr. Speaker, I yield myself such time as I may consume.
  Again, I appreciate the gentlewoman's comments and agree that this is 
a place where we can come together and work together.
  This 15-member commission would be directed to determine the best 
structure for information that is collected and maintained by Federal 
agencies.
  One of the things that we will all have to be cognizant about is not 
only making this information available to congressional researchers and 
people at the GAO or OMB, but also making sure that the public has 
access to this information for they are, ultimately, the ones that have 
paid for it, and they should be able to consume it.
  In this data-driven age, we should be able to find new methods, 
whether it is some new app or some other new way to collectively bring 
this information and have that information that is then passed on and 
accessible by the public.
  I also look forward to Congress receiving the recommendations and 
would highlight one of the things that I think is good about the 
structure of this bill is that it expires 18 months after its 
enactment, so there is a built-in exit here. This does not continue on 
in perpetuity. It is something that has an expiration date, which we 
should probably look at on a more frequent basis.
  Again, I would urge my colleagues to vote in favor of H.R. 1831.
  Mr. Speaker, I yield back the balance of my time.
  Mr. RYAN of Wisconsin. Mr. Speaker, I just want to say a few words 
about what we're trying to do here.
  We're trying to change the mindset in Washington.
  Right now, when we're making policy, we focus on inputs . . . on 
effort--like how much money we're spending, how many people we're 
serving, how many programs we're creating.
  What we need to do is focus on outcomes . . . on results--like how 
many people we're getting out of poverty.
  Creating this commission is the first step in a long-term effort.
  We're going to bring together the best minds on data collection and 
figure out how we can up our game.
  Let's use the data we're already collecting to improve how government 
works.
  How can we use data to evaluate policy?
  How can we protect people's privacy?
  How can we get the best results for the American people?
  If we do this right, we'll stop having debates over what's Republican 
and what's Democrat . . . or what's liberal and conservative . . .
  And we'll start having debates over what works and what doesn't work.
  Those are the kinds of debates we need to have. So I urge all my 
colleagues to support his bill.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Utah (Mr. Chaffetz) that the House suspend the rules and 
pass the bill, H.R. 1831, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________