PUBLIC LAW 114–140—MAR. 30, 2016 130 STAT. 317 

Public Law 114–140 

114th Congress 

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, 

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 personallyidentifiable 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 personallyidentifiable 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 personallyidentifiable 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 personallyidentifiable information and data minimization. 

(5) Three shall be appointed by the Minority Leader of 

the Senate, of whom— 

President. 

Evidence-Based 

Policymaking 

Commission Act 

of 2016. 

Mar. 30, 2016 

[H.R. 1831] 


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130 STAT. 318 PUBLIC LAW 114–140—MAR. 30, 2016 

(A) two shall be academic researchers, data experts, 

or have experience in administering programs; and 

(B) one shall be an expert in protecting personallyidentifiable 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; 

Evaluation. 

Recommendations. 

Deadline. 

President. 


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PUBLIC LAW 114–140—MAR. 30, 2016 130 STAT. 319 

(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. 

Consultation. 

Recommendations. 


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130 STAT. 320 PUBLIC LAW 114–140—MAR. 30, 2016 

(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. 

Appointment. 

Deadline. 


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PUBLIC LAW 114–140—MAR. 30, 2016 130 STAT. 321 

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. 

Æ 

SEC. 8. TERMINATION. 

The Commission shall terminate not later than 18 months 

after the date of enactment of this Act. 

Approved March 30, 2016. 


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