House and Senate Release Bipartisan Evidence-Based Policymaking Bill

On November 1, members of the House and Senate introduced the Foundations for Evidence-Based Policymaking Act, the “down-payment” legislation that would enact some of the less complicated (and less controversial) recommendations of the report from the Commission on Evidence-Based Policymaking (see COSSA’s coverage and statement). The bill was introduced in the House by Speaker Paul Ryan (R-WI) as H.R. 4174 and cosponsored by Representatives Blake Farenthold (R-TX), Trey Gowdy (R-SC), and Derek Kilmer (D-WA), and in the Senate by Sen. Patty Murray (D-WA) as S. 2046 and cosponsored by Sen. Brian Schatz (D-HI). The House Committee on Oversight and Government Reform unanimously approved the House version of the bill on November 2, and the bill is scheduled for consideration by the full chamber on Wednesday, November 15. While the Senate Committee with jurisdiction over the bill (Homeland Security and Governmental Affairs) has not yet scheduled a markup of the Senate’s bill, Speaker Ryan is reportedly keen to see the legislation enacted by the end of the year, so the bill in the Senate could be attached to “must-pass” legislation, like an appropriations bill. COSSA has joined more than 100 organizations and leaders in a letter in support of the bill. Speaker Ryan and Sen. Murray had also pledged to introduce additional legislation to implement some of the more complex recommendations of the Commission, perhaps next year, although that likely depends on the success of the bill introduced this month.

The bill makes progress towards implementing 13 of the Commission’s recommendations, across the three major themes of the Commission’s report: strengthening privacy protections, improving access to data, and enhancing the government’s evidence-building capacity. Highlights include codifying Statistical Policy Directive #1 (which defines the responsibilities of principal statistical agencies as producers of relevant, timely and objective data while protecting the trust and confidentiality of data providers), mandating that agencies create evidence-building plans, establishing the roles of Chief Evaluation Officers and Chief Data Officers, strengthening the coordinating role of the Office of Management and Budget (OMB), and establishing a uniform process for outside researchers to apply for access to restricted federal data. The bill would also begin the process of examining the feasibility of the National Secure Data Service proposed by the Commission by establishing an Advisory Committee on Data for Evidence Building. The bill also incorporates a version of the OPEN Government Data Act (H.R. 1770/S. 760), introduced by Rep. Kilmer and Sen. Schatz, which would require that federal agencies make their data public and accessible by default (unless there were compelling reasons not to) and create inventories of federal data.

The Bipartisan Policy Center, which is housing the ongoing activities of the Commission, has published a thorough summary of the bill and cross-referenced the Commission’s recommendations with the provisions in the legislation.

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Posted in Issue 22 (November 14), Update, Volume 36 (2017)

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