Evidence-Based Policymaking Commission Act of 2016

Summary: Evidence-Based Policymaking Commission Act of 2016 (Sec. 2) This bill establishes in the executive branch a Commission on Evidence-Based Policymaking.  (Sec. 3) The bill provides for a 15 member Commission appointed by the President and congressional leaders with consideration given to individuals with expertise in economics, statistics, program evaluation, data security, confidentiality, or database management. (Sec. 4) The Commission must 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:  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;  make recommendations on how data infrastructure, database security, and statistical protocols should be modified to best fulfill those objectives; and  make recommendations on how best to incorporate outcomes measurement, institutionalize randomized controlled trials, and rigorous impact analysis into program design.  The Commission shall consider whether a clearinghouse for program and survey data should be established and how to create such clearinghouse.  The Commission shall evaluate:  what administrative data and survey data are relevant for program evaluation and federal policy-making and should be included in a clearinghouse;  which survey data such administrative data may be linked to, in addition to linkages across administrative data series;  what are the legal and administrative barriers to including or linking these data series;  what data-sharing infrastructure should be used to facilitate data merging and access for research purposes;  how a clearinghouse could be self-funded;  which researchers, officials, and institutions should have access to data;  what limitations should be placed on the use of data;  how to protect information and ensure individual privacy and confidentiality;  how data and results of research can be used to inform program administrators and policymakers to improve program design; what incentives may facilitate interagency sharing of information to improve programmatic effectiveness and enhance data accuracy and comprehensiveness; and how individuals whose data are used should be notified of its usages.   The Commission shall, upon the affirmative vote of at least three-quarters of its members, submit to the President and Congress a detailed statement of its findings and conclusions, together with its recommendations for appropriate legislation or administrative actions. (Sec. 5) The following agencies shall advise and consult with the Commission on matters within their respective areas of responsibility:  the Bureau of the Census; the Internal Revenue Service; the Social Security Administration; the Departments of Health and Human Services, Agriculture, Housing and Urban Development, Education, and Justice; the Office of Management and Budget; the Bureau of Economic Analysis; and  the Bureau of Labor Statistics.  (Sec. 6) The agencies identified as Principal Statistical Agencies in the report entitled "Statistical Programs of the United States Government, Fiscal Year 2015," published by the Office of Management and Budget, shall transfer up to $3 million to the Bureau of the Census, upon request, for carrying out the activities of the Commission. The Bureau of the Census shall provide administrative support to the Commission.  No additional funds may be authorized to carry out this Act.  (Sec. 8) The Commission shall terminate not later than 18 months after enactment of this Act.

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) 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.
SEC. 4. DUTIES OF THE COMMISSION.
    (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.
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).
    (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.
SEC. 8. TERMINATION.
    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.