Evidence-Based Policymaking Commission Act of 2016
PL 114-140 (H.R.1831), enacted 03/30/2016

130 STAT. 317 
PUBLIC LAW 114–140—MAR. 30, 2016 
Public Law 114–140 
114th Congress 
An Act 
To establish the Commission on Evidence-Based Policymaking, and for other pur-
poses. 
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 com-
prised 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 Manage-
ment 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— 
President. 
Evidence-Based 
Policymaking 
Commission Act 
of 2016. 
Mar. 30, 2016 
[H.R. 1831] 
VerDate Sep 11 2014 
06:31 Jul 18, 2022
Jkt 059194
PO 00001
Frm 00315
Fmt 6580
Sfmt 6581
G:\STATUTES\2016\PT1\59194PT1.001
59194PT1
dkrause on LAP5T8D0R2PROD with DISTILLER (1)
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 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, confiden-
tiality, 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 Commis-
sion shall be made not later than 45 days after the date of enact-
ment 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 com-
prehensive study of the data inventory, data infrastructure, data-
base security, and statistical protocols related to Federal policy-
making and the agencies responsible for maintaining that data 
to— 
(1) determine the optimal arrangement for which adminis-
trative 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 anal-
yses 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 out-
comes 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 rel-
evant for program evaluation and Federal policy-making 
and should be included in a potential clearinghouse; 
Evaluation. 
Recommenda- 
tions. 
Deadline. 
President. 
VerDate Sep 11 2014 
06:31 Jul 18, 2022
Jkt 059194
PO 00001
Frm 00316
Fmt 6580
Sfmt 6581
G:\STATUTES\2016\PT1\59194PT1.001
59194PT1
dkrause on LAP5T8D0R2PROD with DISTILLER (1)
130 STAT. 319 
PUBLIC LAW 114–140—MAR. 30, 2016 
(B) which survey data the administrative data identi-
fied 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 institu-
tions 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-quar-
ters 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 sub-
mitted not later than the date that is 15 months after the date 
a majority of the members of the Commission are appointed pursu-
ant 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. 
Recommenda- 
tions. 
VerDate Sep 11 2014 
06:31 Jul 18, 2022
Jkt 059194
PO 00001
Frm 00317
Fmt 6580
Sfmt 6581
G:\STATUTES\2016\PT1\59194PT1.001
59194PT1
dkrause on LAP5T8D0R2PROD with DISTILLER (1)
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 Commis-
sion, which shall include a quorum requirement to conduct the 
business of the Commission. 
(d) HEARINGS.—The Commission may, for the purpose of car-
rying 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 com-
pensate 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 agen-
cies 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, pub-
lished 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 phys-
ical 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 addi-
tional 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. 
VerDate Sep 11 2014 
06:31 Jul 18, 2022
Jkt 059194
PO 00001
Frm 00318
Fmt 6580
Sfmt 6581
G:\STATUTES\2016\PT1\59194PT1.001
59194PT1
dkrause on LAP5T8D0R2PROD with DISTILLER (1)
130 STAT. 321 
PUBLIC LAW 114–140—MAR. 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. 
SEC. 8. TERMINATION. 
The Commission shall terminate not later than 18 months 
after the date of enactment of this Act. 
Approved March 30, 2016. 
VerDate Sep 11 2014 
06:31 Jul 18, 2022
Jkt 059194
PO 00001
Frm 00319
Fmt 6580
Sfmt 6580
G:\STATUTES\2016\PT1\59194PT1.001
59194PT1
dkrause on LAP5T8D0R2PROD with DISTILLER (1)