[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.

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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):
---------------------------------------------------------------------------

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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