[House Report 114-211]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 114-211
======================================================================
EVIDENCE-BASED POLICYMAKING COMMISSION ACT OF 2015
_______
July 16, 2015.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Chaffetz, from the Committee on Oversight and Government Reform,
submitted the following
R E P O R T
[To accompany H.R. 1831]
[Including cost estimate of the Congressional Budget Office]
The Committee on Oversight and Government Reform, to whom
was referred the bill (H.R. 1831) to establish the Commission
on Evidence-Based Policymaking, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
CONTENTS
Page
Committee Statement and Views.................................... 4
Section-by-Section............................................... 5
Explanation of Amendments........................................ 6
Committee Consideration.......................................... 7
Roll Call Votes.................................................. 7
Application of Law to the Legislative Branch..................... 7
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 7
Statement of General Performance Goals and Objectives............ 7
Duplication of Federal Programs.................................. 7
Disclosure of Directed Rule Makings.............................. 7
Federal Advisory Committee Act................................... 7
Unfunded Mandate Statement....................................... 8
Earmark Identification........................................... 8
Committee Estimate............................................... 8
Budget Authority and Congressional Budget Office Cost Estimate... 8
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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'').
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
and related 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
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 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.
Subject to 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 provide funds, in a total
amount not to exceed $3,000,000, to the Director 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.
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 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.
Committee Statement and Views
PURPOSE AND SUMMARY
H.R. 1831, the Evidence-Based Policymaking Commission Act
of 2015, establishes a 15-member commission to study how best
to expand the use of data to evaluate the effectiveness of
federal programs and tax expenditures. The commission would
study data inventories, data infrastructure, and statistical
protocols across the federal government, and make
recommendations on how to incorporate outcomes measurements,
randomized controlled trials, and rigorous impact analyses into
program design. The commission would consider whether a data
clearinghouse should be established to ensure federal data is
available to policymakers, and also study how best to protect
the privacy rights of individuals who interact with federal
agencies. The commission's authority would terminate 18 months
after enactment of the bill.
BACKGROUND AND NEED FOR LEGISLATION
The erosion of American leadership in empirical research
reinforces concerns about the effectiveness of government.\1\
The federal government administers more than 1,500 different
programs\2\ and is on track to spend more than $4 trillion
annually by 2017.\3\ Annual federal spending is estimated to
grow by another trillion dollars less than five years later.\4\
According to the U.S. Government Accountability Act, only 37
percent of program managers said that an evaluation of their
programs had been completed in the last five years.\5\
---------------------------------------------------------------------------
\1\Expanding Opportunity by Funding What Works: Using Evidence to
Help Low-Income Individuals and Families Get Ahead: Hearing Before the
H. Comm. on Ways and Means Subcomm. on Human Resources, 114th Cong.
(Mar. 17, 2015) (statement of David B. Muhlhausen, Research Fellow in
Empirical Policy Analysis, Heritage Foundation)
\2\U.S. Gov't Accountability Office, GAO-15-83, Government
Efficiency and Effectiveness: Inconsistent Definitions and Information
Limit the Usefulness of Federal Program Inventories (2014), available
at: http://www.gao.gov/products/GAO-15-83.
\3\ Cong. Budget Office, An Update to the Budget and Economic
Outlook: 2014 to 2024, available at: https://www.cbo.gov/sites/default/
files/45653-OutlookUpdate_2014_Aug.pdf.
\4\Id.
\5\ U.S. Gov't Accountability Office, GAO-13-570, Program
Evaluation: Strategies to Facilitate Agencies' Use of Evaluation in
Program Management and Policymaking (2013), available at: http://
www.gao.gov/assets/660/655518.pdf.
---------------------------------------------------------------------------
Without evidence, the federal government is an ineffective
fiduciary on behalf of the taxpayer. Unfortunately, in many
instances, federal decision-makers do not have access to the
data necessary to best inform decisions. In such instances,
agencies are unable to show the benefits or impacts of the
programs they administer and cannot determine what, if any,
unintended consequences are created by programs, or whether
programs can be improved.
Ensuring policymakers have access to high quality
administrative data is essential for evidence-based
policymaking. Administrative data already exists and tested
protocols are in place to facilitate merging of information and
ensure confidentiality, yet agencies fail to share data with
each other in ways that might improve program outcomes.
Further,
Statutory restrictions often prevent agencies from sharing
data with researchers who may be in a position to help the
federal government identify needed solutions.
The first step in creating a culture of evidence-based
policymaking is to determine what data is available and how to
best get the data to policymakers. The Evidence-Based Policy
Commission Act of 2015 will bring together leading researchers,
program administrators, and experts to conduct a thorough study
of existing infrastructure and statistical protocols. These
individuals will consider various methods of ensuring that
policymakers have the access they need while balancing personal
privacy and data integrity interests, and make recommendations
on how to best approach the issue of federal data access.
LEGISLATIVE HISTORY
H.R. 1831, the Evidence-Based Policymaking Commission Act
of 2015, was introduced on April 16, 2015 by Congressman Paul
Ryan (R-WI) and referred to the Committee on Oversight and
Government Reform. On May 19, 2015, the Committee ordered H.R.
1831 favorably reported, as amended. S. 991, the Senate
companion bill, was introduced by Senator Patty Murray (D-WA)
on April 16, 2015 and referred to the Senate Committee on
Homeland Security and Governmental Affairs.
In the 113th Congress, similar legislation, H.R. 5754, the
Evidence Based-Policymaking Commission Act of 2014, was
introduced in the House on November 20, 2015 and referred to
the Committee. S. 2952, the Senate companion bill, was
introduced in the Senate.
Section-by-Section
Section 1. Short title
Designates the short title of the bill as the ``Evidence-
Based Policymaking Commission Act of 2015.''
Section 2. Establishment
Establishes the new Commission on Evidence-Based
Policymaking within the Executive Branch.
Section 3. Members of the Commission
Requires the President and Congressional leaders to appoint
a total of 15 members within 45 days, who will serve without
pay for the duration of the Commission.
Requires the President to designate the Chairperson and the
Speaker of the House of Representatives to designate the co-
chairperson.
Section 4. Duties of the Commission
Requires the Commission to study data related to federal
policy making and the agencies responsible for maintaining data
to determine the optimal arrangement of federal data, make
recommendations on necessary changes to data infrastructure and
protocols, and make recommendations on how to best incorporate
performance measures, controlled trials, and impact analysis
into program design.
Requires the Commission to consider whether and how to
establish a federal data clearinghouse.
Requires the Commission to submit to the President and to
Congress a detailed statement of its findings and conclusion as
a result of the study and consideration of the clearinghouse.
Section 5. Operation and powers of the Commission
Provides for Federal agencies to advise and consult with
the Commission.
Requires the Commission to meet within 30 days of the
appointment of a majority of the members and to establish
written rules of procedure.
Provides the Commission with the authority to hold
hearings, take testimony, and receive evidence.
Provides the Commission with the authority to contract, use
the mail, and accept gifts.
Section 6. Funding
Requires statistical agencies to provide funds at the
request of the Director of the Census for purposes of the
carrying out the activities of the Commission and requires the
Bureau of the Census to provide administrative support.
Section 7. Personnel
Provides a director, appointed by the chairperson with the
concurrence of the co-chairperson, who may appoint staff and
retain experts and consultants.
Section 8. Termination
Ends the Commission 18 months after enactment of the Act.
Explanation of Amendments
Congressman Mark Meadows (R-NC) offered an amendment in the
nature of a substitute to the bill. The amendment was adopted
by voice vote. The bill, as amended, was then adopted and
favorably reported to the House by voice vote.
Committee Consideration
On May 19, 2015 the Committee met in open session and
ordered reported favorably the bill, H.R. 1831, as amended, by
voice vote, a quorum being present.
Roll Call Votes
There were no recorded votes during Full Committee
consideration of H.R. 1831.
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch where the bill relates to the terms and conditions of
employment or access to public services and accommodations.
This bill establishes the Commission on Evidence-Based
Policymaking. As such this bill does not relate to employment
or access to public services and accommodations.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goal or objective of this bill is to establish the Commission
on Evidence-Based Policymaking.
Duplication of Federal Programs
No provision of this bill establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
The Committee estimates that enacting this bill does not
direct the completion of any specific rule makings within the
meaning of 5 U.S.C. 551.
Federal Advisory Committee Act
The Committee finds that the legislation does establish or
authorize the establishment of an advisory committee within the
definition of 5 U.S.C. App., Section 5(b).
Unfunded Mandate Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandate Reform Act, P.L. 104-4) requires a statement as to
whether the provisions of the reported include unfunded
mandates. In compliance with this requirement the Committee has
received a letter from the Congressional Budget Office included
herein.
Earmark Identification
This bill does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI.
Committee Estimate
Clause 3(d)(1) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs that would be incurred in carrying out
this bill. However, clause 3(d)(2)(B) of that rule provides
that this requirement does not apply when the Committee has
included in its report a timely submitted cost estimate of the
bill prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974.
Budget Authority and Congressional Budget Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has received
the following cost estimate for this bill from the Director of
Congressional Budget Office:
H.R. 1831--Evidence-Based Policymaking Commission Act of 2015
H.R. 1831 would establish the Commission on Evidence-Based
Policymaking (commission) to study the inventory and
infrastructure of data related to federal programs. The 15-
member commission would be directed to determine the best
structure for information that is collected and maintained by
federal agencies to effectively analyze and evaluate federal
programs. In addition, the commission would consider whether to
establish a clearinghouse for information collected by federal
agencies. Finally, the bill would require the commission to
report to the President and the Congress, no later than 15
months after a majority of members have ben appointed, a
statement of its findings along with recommendations for
legislation or administrative actions it considers appropriate.
The commission's authority would terminate 18 months after
enactment of the bill.
CBO estimates that implementing H.R. 1831 would cost $3
million over the 2016-2020 period, assuming appropriation of
the necessary amounts. The bill would authorize several federal
agencies to contribute up to $3 million from appropriated funds
to carry out the duties of the commission. Enacting H.R. 1831
would not affect direct spending or revenues; therefore, pay-
as-you-go procedures do not apply.
H.R. 1831 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Susan Willie.
The estimate was approved by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
[all]