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Statutory Text

SEC. 5605 ø36 U.S.C. 150303 note¿. KEY NATIONAL INDICATORS.
(a) DEFINITIONS.—In this section:
(1) ACADEMY.—The term ‘‘Academy’’ means the National
Academy of Sciences.
(2) COMMISSION.—The term ‘‘Commission’’ means the Commission
on Key National Indicators established under subsection
(b).
(3) INSTITUTE.—The term ‘‘Institute’’ means a Key National
Indicators Institute as designated under subsection
(c)(3).
(b) COMMISSION ON KEY NATIONAL INDICATORS.—
(1) ESTABLISHMENT.—There is established a ‘‘Commission
on Key National Indicators’’.
(2) MEMBERSHIP.—
(A) NUMBER AND APPOINTMENT.—The Commission
shall be composed of 8 members, to be appointed equally
by the majority and minority leaders of the Senate and the
Speaker and minority leader of the House of Representatives.
(B) PROHIBITED APPOINTMENTS.—Members of the Commission
shall not include Members of Congress or other
elected Federal, State, or local government officials.
(C) QUALIFICATIONS.—In making appointments under
subparagraph (A), the majority and minority leaders of the
Senate and the Speaker and minority leader of the House
of Representatives shall appoint individuals who have
shown a dedication to improving civic dialogue and decision-
making through the wide use of scientific evidence
and factual information.
(D) PERIOD OF APPOINTMENT.—Each member of the
Commission shall be appointed for a 2-year term, except
that 1 initial appointment shall be for 3 years. Any vacancies
shall not affect the power and duties of the Commission
but shall be filled in the same manner as the original
appointment and shall last only for the remainder of that
term.
(E) DATE.—Members of the Commission shall be appointed
by not later than 30 days after the date of enactment
of this Act.
(F) INITIAL ORGANIZING PERIOD.—–Not later than 60
days after the date of enactment of this Act, the Commission
shall develop and implement a schedule for completion
of the review and reports required under subsection
(d).
(G) CO-CHAIRPERSONS.—The Commission shall select 2
Co-Chairpersons from among its members.
(c) DUTIES OF THE COMMISSION.—
(1) IN GENERAL.—The Commission shall—
(A) conduct comprehensive oversight of a newly established
key national indicators system consistent with the
purpose described in this subsection;
(B) make recommendations on how to improve the key
national indicators system;
(C) coordinate with Federal Government users and information
providers to assure access to relevant and quality
data; and
(D) enter into contracts with the Academy.
(2) REPORTS.—
(A) ANNUAL REPORT TO CONGRESS.—Not later than 1
year after the selection of the 2 Co-Chairpersons of the
Commission, and each subsequent year thereafter, the
Commission shall prepare and submit to the appropriate
Committees of Congress and the President a report that
contains a detailed statement of the recommendations,
findings, and conclusions of the Commission on the activities
of the Academy and a designated Institute related to
the establishment of a Key National Indicator System.
(B) ANNUAL REPORT TO THE ACADEMY.—
(i) IN GENERAL.—Not later than 6 months after
the selection of the 2 Co-Chairpersons of the Commission,
and each subsequent year thereafter, the Commission
shall prepare and submit to the Academy and
a designated Institute a report making recommenda-
tions concerning potential issue areas and key indicators
to be included in the Key National Indicators.
(ii) LIMITATION.—The Commission shall not have
the authority to direct the Academy or, if established,
the Institute, to adopt, modify, or delete any key indicators.
(3) CONTRACT WITH THE NATIONAL ACADEMY OF
SCIENCES.—
(A) IN GENERAL.—–As soon as practicable after the selection
of the 2 Co-Chairpersons of the Commission, the
Co-Chairpersons shall enter into an arrangement with the
National Academy of Sciences under which the Academy
shall—
(i) review available public and private sector research
on the selection of a set of key national indicators;
(ii) determine how best to establish a key national
indicator system for the United States, by either creating
its own institutional capability or designating an
independent private nonprofit organization as an Institute
to implement a key national indicator system;
(iii) if the Academy designates an independent Institute
under clause (ii), provide scientific and technical
advice to the Institute and create an appropriate
governance mechanism that balances Academy involvement
and the independence of the Institute; and
(iv) provide an annual report to the Commission
addressing scientific and technical issues related to
the key national indicator system and, if established,
the Institute, and governance of the Institute’s budget
and operations.
(B) PARTICIPATION.—In executing the arrangement
under subparagraph (A), the National Academy of Sciences
shall convene a multi-sector, multi-disciplinary process to
define major scientific and technical issues associated with
developing, maintaining, and evolving a Key National Indicator
System and, if an Institute is established, to provide
it with scientific and technical advice.
(C) ESTABLISHMENT OF A KEY NATIONAL INDICATOR
SYSTEM.—
(i) IN GENERAL.—In executing the arrangement
under subparagraph (A), the National Academy of
Sciences shall enable the establishment of a key national
indicator system by—
(I) creating its own institutional capability; or
(II) partnering with an independent private
nonprofit organization as an Institute to implement
a key national indicator system.
(ii) INSTITUTE.—If the Academy designates an Institute
under clause (i)(II), such Institute shall be a
non-profit entity (as defined for purposes of section
501(c)(3) of the Internal Revenue Code of 1986) with
an educational mission, a governance structure that
emphasizes independence, and characteristics that
make such entity appropriate for establishing a key
national indicator system.
(iii) RESPONSIBILITIES.—Either the Academy or
the Institute designated under clause (i)(II) shall be
responsible for the following:
(I) Identifying and selecting issue areas to be
represented by the key national indicators.
(II) Identifying and selecting the measures
used for key national indicators within the issue
areas under subclause (I).
(III) Identifying and selecting data to populate
the key national indicators described under subclause
(II).
(IV) Designing, publishing, and maintaining a
public website that contains a freely accessible
database allowing public access to the key national
indicators.
(V) Developing a quality assurance framework
to ensure rigorous and independent processes and
the selection of quality data.
(VI) Developing a budget for the construction
and management of a sustainable, adaptable, and
evolving key national indicator system that reflects
all Commission funding of Academy and, if
an Institute is established, Institute activities.
(VII) Reporting annually to the Commission
regarding its selection of issue areas, key indicators,
data, and progress toward establishing a
web-accessible database.
(VIII) Responding directly to the Commission
in response to any Commission recommendations
and to the Academy regarding any inquiries by
the Academy.
(iv) GOVERNANCE.—Upon the establishment of a
key national indicator system, the Academy shall create
an appropriate governance mechanism that incorporates
advisory and control functions. If an Institute
is designated under clause (i)(II), the governance
mechanism shall balance appropriate Academy involvement
and the independence of the Institute.
(v) MODIFICATION AND CHANGES.—The Academy
shall retain the sole discretion, at any time, to alter its
approach to the establishment of a key national indicator
system or, if an Institute is designated under
clause (i)(II), to alter any aspect of its relationship
with the Institute or to designate a different non-profit
entity to serve as the Institute.
(vi) CONSTRUCTION.—Nothing in this section shall
be construed to limit the ability of the Academy or the
Institute designated under clause (i)(II) to receive private
funding for activities related to the establishment
of a key national indicator system.
(D) ANNUAL REPORT.—As part of the arrangement
under subparagraph (A), the National Academy of Sciences
shall, not later than 270 days after the date of enactment
of this Act, and annually thereafter, submit to the Co-
Chairpersons of the Commission a report that contains the
findings and recommendations of the Academy.
(d) GOVERNMENT ACCOUNTABILITY OFFICE STUDY AND REPORT.—
(1) GAO STUDY.—The Comptroller General of the United
States shall conduct a study of previous work conducted by all
public agencies, private organizations, or foreign countries with
respect to best practices for a key national indicator system.
The study shall be submitted to the appropriate authorizing
committees of Congress.
(2) GAO FINANCIAL AUDIT.—If an Institute is established
under this section, the Comptroller General shall conduct an
annual audit of the financial statements of the Institute, in accordance
with generally accepted government auditing standards
and submit a report on such audit to the Commission and
the appropriate authorizing committees of Congress.
(3) GAO PROGRAMMATIC REVIEW.—The Comptroller General
of the United States shall conduct programmatic assessments
of the Institute established under this section as determined
necessary by the Comptroller General and report the
findings to the Commission and to the appropriate authorizing
committees of Congress.
(e) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized to be appropriated
to carry out the purposes of this section, $10,000,000 for fiscal
year 2010, and $7,500,000 for each of fiscal year 2011 through
2018.
(2) AVAILABILITY.—Amounts appropriated under paragraph
(1) shall remain available until expended.