5 U.S.C. § 312 — Agency evidence-building plan

Page 27 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 312 date on which each strategic plan required under sec- tion 306(a) of title 5, United States Code, is published, the Comptroller General of the United States shall sub- mit to Congress a report that— ‘‘(1) summarizes agency findings and highlights trends in the assessment conducted pursuant to sub- section (a)(9) of section 306 of title 5, United States Code, as added by subsection (c); and ‘‘(2) if appropriate, recommends actions to further improve agency capacity to use evaluation tech- niques and data to support evaluation efforts.’’ [For definitions of ‘‘agency’’ and ‘‘evaluation’’ as used in section 101(d) of Pub. L. 115–435, set out above, see section 101(e)(4) of Pub. L. 115–435, set out as a note under section 311 of this title.] BIENNIAL OMB REPORT Pub. L. 115–435, title II, § 202(g)(2), Jan. 14, 2019, 132 Stat. 5544, provided that: ‘‘Not later than 1 year after [the] date of the enactment of this Act [Jan. 14, 2019], and biennially thereafter, the Director of the Office of Management and Budget shall electronically publish a report on agency performance and compliance with this Act [see Short Title of 2019 Amendment note set out under section 101 of this title] and the amendments made by this Act.’’ [For definition of ‘‘agency’’ as used in section 202(g)(2) of Pub. L. 115–435, set out above, see section 101(e)(4)(A) of Pub. L. 115–435, set out as a note under section 311 of this title.] USE OF EXISTING RESOURCES Pub. L. 115–435, title IV, § 402, Jan. 14, 2019, 132 Stat. 5557, provided that: ‘‘To the extent practicable, the head of each agency shall use existing procedures and systems to carry out agency requirements and shall se- lect existing employees for appointments under this Act [see Short Title of 2019 Amendment note set out under section 101 of this title] and the amendments made by this Act.’’ [For definition of ‘‘agency’’ as used in section 402 of Pub. L. 115–435, set out above, see section 101(e)(4)(A) of Pub. L. 115–435, set out as a note under section 311 of this title.] SUBCHAPTER II—FEDERAL EVIDENCE- BUILDING ACTIVITIES § 311. Definitions In this subchapter: (1) AGENCY.—The term ‘‘agency’’ means an agency referred to under section 901(b) of title 31. (2) DIRECTOR.—The term ‘‘Director’’ means the Director of the Office of Management and Budget. (3) EVALUATION.—The term ‘‘evaluation’’ means an assessment using systematic data collection and analysis of one or more pro- grams, policies, and organizations intended to assess their effectiveness and efficiency. (4) EVIDENCE.—The term ‘‘evidence’’ has the meaning given that term in section 3561 of title 44. (5) STATE.—The term ‘‘State’’ means each of the several States, the District of Columbia, each territory or possession of the United States, and each federally recognized gov- erning body of any Indian Tribe, band, nation, pueblo, or other organized group or commu- nity which is recognized as eligible for the spe- cial programs and services provided by the United States to Indians because of their sta- tus as Indians. (6) STATISTICAL ACTIVITIES; STATISTICAL AGENCY OR UNIT; STATISTICAL PURPOSE.—The terms ‘‘statistical activities’’, ‘‘statistical agency or unit’’, and ‘‘statistical purpose’’ have the meanings given those terms in sec- tion 3561 of title 44. (Added Pub. L. 115–435, title I, § 101(a)(2), Jan. 14, 2019, 132 Stat. 5530.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 180 days after Jan. 14, 2019, see sec- tion 403 of Pub. L. 115–435, set out as an Effective Date of 2019 Amendment note under section 306 of this title. EVALUATION AND PERSONNEL STANDARDS Pub. L. 115–435, title I, § 101(e), Jan. 14, 2019, 132 Stat. 5534, provided that: ‘‘(1) REQUIREMENT.—Not later than 1 year after the date of enactment of this Act [Jan. 14, 2019], the Direc- tor of the Office of Management and Budget, in con- sultation with any interagency council relating to evaluation, shall— ‘‘(A) issue guidance for program evaluation for agencies consistent with widely accepted standards for evaluation; and ‘‘(B) identify best practices for evaluation that would improve Federal program evaluation. ‘‘(2) GUIDANCE.—Not later than 90 days after the date on which the guidance under paragraph (1) is issued, the head of each agency shall oversee the implementa- tion of such guidance. ‘‘(3) OPM GUIDANCE.—Not later than 180 days after the date on which the guidance under paragraph (1) is issued, the Director of the Office of Personnel Manage- ment, in consultation with the Director of the Office of Management and Budget, shall— ‘‘(A) identify key skills and competencies needed for program evaluation in an agency; ‘‘(B) establish a new occupational series, or update and improve an existing occupational series, for pro- gram evaluation within an agency; and ‘‘(C) establish a new career path for program eval- uation within an agency. ‘‘(4) DEFINITIONS.—In this Act [see Short Title of 2019 Amendment note set out under section 101 of this title]: ‘‘(A) AGENCY.—Except as otherwise provided, the term ‘agency’ has the meaning given the term ‘Exec- utive agency’ under section 105 [probably means sec- tion 105 of title 5, United States Code]. ‘‘(B) EVALUATION.—The term ‘evaluation’ has the meaning given that term in section 311 of title 5, United States Code, as added by subsection (a).’’ § 312. Agency evidence-building plan (a) REQUIREMENT.—The head of each agency shall include in the strategic plan required under section 306 a systematic plan for identi- fying and addressing policy questions relevant to the programs, policies, and regulations of the agency. Such plan shall contain the following: (1) A list of policy-relevant questions for which the agency intends to develop evidence to support policymaking. (2) A list of data the agency intends to col- lect, use, or acquire to facilitate the use of evidence in policymaking. (3) A list of methods and analytical ap- proaches that may be used to develop evidence to support policymaking. (4) A list of any challenges to developing evi- dence to support policymaking, including any statutory or other restrictions to accessing relevant data. (5) A description of the steps the agency will take to accomplish paragraphs (1) and (2). Page 28 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 313 1 So in original. 1 So in original. Probably should be ‘‘Interagency Council on Statistical Policy’’. (6) Any other information as required by guidance issued by the Director. (b) EVALUATION PLAN.—The head of each agen- cy shall issue in conjunction with the perform- ance plan required under section 1115(b) of title 31, an evaluation plan describing activities the agency plans to conduct pursuant to subsection (a) of this section during the fiscal year fol- lowing the year in which the performance plan is submitted. Such plan shall— (1) describe key questions for each signifi- cant evaluation study that the agency plans to begin in the next fiscal year; (2) describe key information collections or acquisitions the agency plans to begin in the next fiscal year; and (3) any 1 other information included in guid- ance issued by the Director under subsection (a)(6). (c) CONSULTATION.—In developing the plan re- quired under subsection (a), the head of an agen- cy shall consult with stakeholders, including the public, agencies, State and local govern- ments, and representatives of non-governmental researchers. (Added Pub. L. 115–435, title I, § 101(a)(2), Jan. 14, 2019, 132 Stat. 5530.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 180 days after Jan. 14, 2019, see sec- tion 403 of Pub. L. 115–435, set out as an Effective Date of 2019 Amendment note under section 306 of this title. § 313. Evaluation Officers (a) ESTABLISHMENT.—The head of each agency shall designate a senior employee of the agency as the Evaluation Officer of the agency. (b) QUALIFICATIONS.—The Evaluation Officer of an agency shall be appointed or designated with- out regard to political affiliation and based on demonstrated expertise in evaluation method- ology and practices and appropriate expertise to the disciplines of the agency. (c) COORDINATION.—The Evaluation Officer of an agency shall, to the extent practicable, co- ordinate activities with agency officials nec- essary to carry out the functions required under subsection (d). (d) FUNCTIONS.—The Evaluation Officer of each agency shall— (1) continually assess the coverage, quality, methods, consistency, effectiveness, independ- ence, and balance of the portfolio of evalua- tions, policy research, and ongoing evaluation activities of the agency; (2) assess agency capacity to support the de- velopment and use of evaluation; (3) establish and implement an agency eval- uation policy; and (4) coordinate, develop, and implement the plans required under section 312. (Added Pub. L. 115–435, title I, § 101(a)(2), Jan. 14, 2019, 132 Stat. 5531.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 180 days after Jan. 14, 2019, see sec- tion 403 of Pub. L. 115–435, set out as an Effective Date of 2019 Amendment note under section 306 of this title. § 314. Statistical expertise (a) IN GENERAL.—The head of each agency shall designate the head of any statistical agen- cy or unit within the agency, or in the case of an agency that does not have a statistical agen- cy or unit, any senior agency official with ap- propriate expertise, as a statistical official to advise on statistical policy, techniques, and pro- cedures. Agency officials engaged in statistical activities may consult with any such statistical official as necessary. (b) MEMBERSHIP ON INTERAGENCY COUNCIL ON STATISTICAL POLICY.—Each statistical official designated under subsection (a) shall serve as a member of the Interagency Council on Statis- tical Policy established under section 3504(e)(8) of title 44. (Added Pub. L. 115–435, title I, § 101(a)(2), Jan. 14, 2019, 132 Stat. 5531.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 180 days after Jan. 14, 2019, see sec- tion 403 of Pub. L. 115–435, set out as an Effective Date of 2019 Amendment note under section 306 of this title. § 315. Advisory Committee on Data for Evidence Building (a) ESTABLISHMENT.—The Director, or the head of an agency designated by the Director, shall establish an Advisory Committee on Data for Evidence Building (in this section referred to as the ‘‘Advisory Committee’’) to review, analyze, and make recommendations on how to promote the use of Federal data for evidence building. (b) MEMBERSHIP.—The members of the Advi- sory Committee shall consist of the Chief Stat- istician of the United States, who shall serve as the Chair of the Advisory Committee, and other members appointed by the Director as follows: (1) One member who is an agency Chief In- formation Officer. (2) One member who is an agency Chief Pri- vacy Officer. (3) One member who is an agency Chief Per- formance Officer. (4) Three members who are agency Chief Data Officers. (5) Three members who are agency Evalua- tion Officers. (6) Three members who are members of the Interagency Council for Statistical Policy 1 es- tablished under section 3504(e)(8) of title 44. (7) At least 10 members who are representa- tives of State and local governments and non- governmental stakeholders with expertise in government data policy, privacy, technology, transparency policy, evaluation and research methodologies, and other relevant subjects, of whom—