Commission on Evidence-Based Policymaking the Promise of Evidence-Based Policymaking Report of the Commission on Evidence-Based Policymaking
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THE PROMISE OF EVIDENCE-BASED POLICYMAKING Report of the Commission on Evidence-Based Policymaking The Promise of Evidence-Based Policymaking Report of the Commission on Evidence-Based Policymaking September 2017 The Promise of Evidence-Based Policymaking i COMMISSIONERS KATHARINE G. ABRAHAM SHERRY GLIED ROBERT M. GROVES CHAIR ROBERT HAHN HILARY HOYNES JEFFREY B. LIEBMAN BRUCE D. MEYER RON HASKINS PAUL OHM CO-CHAIR NANCY POTOK KATHLEEN RICE MOSIER Commission on Evidence-Based Policymaking ROBERT J. SHEA LATANYA SWEENEY 4600 SILVER HILL ROAD WASHINGTON, DC 20233 KENNETH R. TROSKE WASHINGTON, DC 20233 KIM R. WALLIN September 7, 2017 The President of the United States The Speaker of the House The President of the Senate Dear Sirs: On behalf of the Commission on Evidence-Based Policymaking, and pursuant to Public Law 114- 140, we are pleased to submit the following report detailing our findings and recommendations. We believe that adoption of the recommendations contained in our report will prove transformational, improving both the privacy protections afforded to the American public and the availability of rigorous evidence to inform policymaking. Over the course of its work, the Commission heard from numerous expert witnesses and members of the public, received extensive written public comment, and fielded a survey of Federal agencies. This fact-finding phase was followed by several months of deliberations. The recommendations contained in the report have been agreed to unanimously by the 15 Members of the Commission. The Commission envisions a future in which rigorous evidence is created efficiently, as a routine part of government operations, and used to construct effective public policy. Advances in technology and statistical methodology, coupled with a modern legal framework and a commitment to trans- parency, make it possible to do this while simultaneously providing stronger protections for the privacy and confidentiality of the people, businesses, and organizations from which the government collects information. We call on the Congress and the President to act to ensure that this vision becomes a reality. Respectfully yours, Katharine G. Abraham, Chair Ron Haskins, Co-Chair Sherry Glied Robert M. Groves Robert Hahn Hilary Hoynes Jeffrey B. Liebman Bruce D. Meyer Paul Ohm Nancy Potok Kathleen Rice Mosier Robert J. Shea Latanya Sweeney Kenneth R. Troske Kim R. Wallin The Promise of Evidence-Based Policymaking iii Contents Executive Summary: The Promise of Evidence-Based Policymaking .....................................1 Commission on Evidence-Based Policymaking Recommendations ...................................... 5 Chapter 1. Introduction: Vision for Evidence-Based Policymaking ................................... 7 Defining Evidence-Based Policymaking ....................................................................................8 Evolution of Evidence Building in the United States .............................................................12 Commission’s Charge and Process ............................................................................................. 16 Realizing the Promise of Evidence-Based Policymaking ....................................................17 Chapter 2. Secure, Restricted Access to Confidential Data ............................................. 23 Findings .............................................................................................................................................. 24 Recommendations .........................................................................................................................40 Chapter 3. Enhancing Privacy Protections for Federal Evidence Building .................. 47 Findings .............................................................................................................................................. 50 Recommendations .........................................................................................................................60 Chapter 4. Modernizing America’s Data Infrastructure for Accountability and Privacy ...................................................................................................................................... 65 Findings ............................................................................................................................................. 68 Recommendations .........................................................................................................................80 Chapter 5. Strengthening the Evidence-Building Capacity within the Federal Government .................................................................................................................... 87 Findings .............................................................................................................................................. 88 Recommendations .........................................................................................................................101 Chapter 6. Conclusion: Possibilities with More and Better Evidence .......................... 105 Acronyms ..............................................................................................................................................107 Appendix A: Evidence-Based Policymaking Commission Act of 2016 ..............................109 Appendix B: Commissioner Biographies .......................................................................................115 Appendix C: Commission’s Fact-Finding and Deliberative Processes ............................... 119 Appendix D: Examples of Data Productive for Evidence Building ...................................... 125 The Promise of Evidence-Based Policymaking 1 Executive Summary: The Promise of Evidence-Based Policymaking he American people want a government that and statistical methods, combined with trans- T functions efficiently and responsibly ad- parency and a strong legal framework, create dresses the problems that face this country. Pol- the opportunity to use data for evidence build- icymakers must have good information on which ing in ways that were not possible in the past. to base their decisions about improving the viabil- This report describes the Commission’s findings ity and effectiveness of government programs and and presents recommendations for fundamental policies. Today, too little evidence is produced to improvements to the Federal government’s evi- meet this need. dence-building systems and capabilities. Specif- The Commission on Evidence-Based Policy- ically, the Commission’s report includes recom- making (the “Commission”) envisions a future in mendations on (1) how the Federal government which rigorous evidence is created efficiently, as a can provide the infrastructure for secure access to routine part of government operations, and used data, (2) the mechanisms to improve privacy pro- to construct effective public policy. The Federal tections and transparency about the uses of data government has already taken important steps for evidence building, and (3) the institutional towards accomplishing this vision, but much capacity to support evidence building. work remains. The growing interest in producing more and higher-quality evidence to support de- Recommendations for cision-making led the Congress and the President to enact the Evidence-Based Policymaking Com- Improving Secure, Private, and mission Act of 2016, creating the Commission. Confidential Data Access The Commission was provided just over a year to study and develop a strategy for strengthening There are many barriers to the effective use of gov- government’s evidence-building and policymak- ernment data to generate evidence. Better access ing efforts. During the Commission’s fact-finding to these data holds the potential for substantial phase, numerous experts, researchers, govern- gains for society. The Commission’s recommenda- ment leaders, public and private organizations, tions recognize that the country’s laws and prac- and members of the public offered their perspec- tices are not currently optimized to support the tives on the Commission’s charge. use of data for evidence building, nor in a manner Based on this collective input, the Commission that best protects privacy. To correct these prob- determined that greater use of existing data is now lems, the Commission makes the following rec- possible in conjunction with stronger privacy and ommendations: legal protections, as well as increased transparen- cy and accountability. The Commission believes • Establish a National Secure Data Service to that improved access to data under more priva- facilitate access to data for evidence building cy-protective conditions can lead to an increase while ensuring privacy and transparency in in both the quantity and the quality of evidence to how those data are used. As a state-of-the-art inform important program and policy decisions. resource for improving government’s capacity Traditionally, increasing access to confidential to use the data it already collects, the National data presumed significantly increasing privacy Secure Data Service will be able to temporarily risk. The Commission rejects that idea. The Com- link existing data and provide secure access to mission believes there are steps that can be tak- those data for exclusively statistical purposes en to improve data security and privacy protec- in connection with approved projects. The Na- tions beyond what exists today, while increasing tional Secure Data Service