Sec. 101. FEDERAL EVIDENCE-BUILDING ACTIVITIES
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## SEC. 101 FEDERAL EVIDENCE-BUILDING ACTIVITIES ###
(a)In General Chapter 3 of part I of title 5, United States Code, is amended— ####
(1)by inserting before section 301 the following: > > ### “SUBCHAPTER I GENERAL PROVISIONS”” > ; and ####
(2)by adding at the end the following: > > ### “SUBCHAPTER II FEDERAL EVIDENCE-BUILDING ACTIVITIES > > > ## “SEC. § 311 Definition > > “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 programs, 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 governing body of any Indian Tribe, band, nation, pueblo, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status 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 section 3561 of title 44. > > > ## “SEC. § 312 Agency evidence-building pla > > > ### “(a) Requirement > > The head of each agency shall include in the strategic plan required under section 306 a systematic plan for identifying 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 collect, use, or acquire to facilitate the use of evidence in policymaking. > > > #### “(3) > > A list of methods and analytical approaches that may be used to develop evidence to support policymaking. > > > #### “(4) > > A list of any challenges to developing evidence 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). > > > #### “(6) > > Any other information as required by guidance issued by the Director. > > > ### “(b) Evaluation Plan > > The head of each agency shall issue in conjunction with the performance 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 following the year in which the performance plan is submitted. Such plan shall— > > > #### “(1) > > describe key questions for each significant 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 other information included in guidance issued by the Director under subsection (a)(6). > > > ### “(c) Consultation > > In developing the plan required under subsection (a), the head of an agency shall consult with stakeholders, including the public, agencies, State and local governments, and representatives of non-governmental researchers. > > > ## “SEC. § 313 Evaluation Officer > > > ### “(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 without regard to political affiliation and based on demonstrated expertise in evaluation methodology and practices and appropriate expertise to the disciplines of the agency. > > > ### “(c) Coordination > > The Evaluation Officer of an agency shall, to the extent practicable, coordinate activities with agency officials necessary 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, independence, and balance of the portfolio of evaluations, policy research, and ongoing evaluation activities of the agency; > > > #### “(2) > > assess agency capacity to support the development and use of evaluation; > > > #### “(3) > > establish and implement an agency evaluation policy; and > > > #### “(4) > > coordinate, develop, and implement the plans required under section 312. > > > ## “SEC. § 314 Statistical expertis > > > ### “(a) In General > > The head of each agency shall designate the head of any statistical agency or unit within the agency, or in the case of an agency that does not have a statistical agency or unit, any senior agency official with appropriate expertise, as a statistical official to advise on statistical policy, techniques, and procedures. 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 Statistical Policy established under section 3504(e)(8) of title 44. > > > ## “SEC. § 315 Advisory Committee on Data for Evidence Buildin > > > ### “(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 Advisory Committee shall consist of the Chief Statistician 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 Information Officer. > > > #### “(2) > > One member who is an agency Chief Privacy Officer. > > > #### “(3) > > One member who is an agency Chief Performance Officer. > > > #### “(4) > > Three members who are agency Chief Data Officers. > > > #### “(5) > > Three members who are agency Evaluation Officers. > > > #### “(6) > > Three members who are members of the Interagency Council for Statistical Policy established under section 3504(e)(8) of title 44. > > > #### “(7) > > At least 10 members who are representatives of State and local governments and nongovernmental stakeholders with expertise in government data policy, privacy, technology, transparency policy, evaluation and research methodologies, and other relevant subjects, of whom— > > > ##### “(A) > > at least one shall have expertise in transparency policy; > > > ##### “(B) > > at least one shall have expertise in privacy policy; > > > ##### “(C) > > at least one shall have expertise in statistical data use; > > > ##### “(D) > > at least one shall have expertise in information management; > > > ##### “(E) > > at least one shall have expertise in information technology; and > > > ##### “(F) > > at least one shall be from the research and evaluation community. > > > ### “(c) Term of Service > > > #### “(1) In general > > Each member of the Advisory Committee shall serve for a term of 2 years. > > > #### “(2) Vacancy > > Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. > > > ### “(d) Compensation > > Members of the Advisory Committee shall serve without compensation. > > > ### “(e) Duties > > The Advisory Committee shall— > > > #### “(1) > > assist the Director in carrying out the duties of the Director under part D of subchapter III of chapter 35 of title 44; > > > #### “(2) > > evaluate and provide recommendations to the Director on how to facilitate data sharing, enable data linkage, and develop privacy enhancing techniques; and > > > #### “(3) > > review the coordination of data sharing or availability for evidence building across all agencies. > > > ### “(f) Reports > > The Advisory Committee shall submit to the Director and make publicly available an annual report on the activities and findings of the Advisory Committee. > > > ### “(g) Termination > > The Advisory Committee shall terminate not later than two years after the date of the first meeting.” > . ###
(b)Technical and Conforming Amendments **[**[5 U.S.C. 301](/us/usc/t5/s301)**]** The table of sections for chapter 3 of part I of title 5, United States Code, is amended— ####
(1)by inserting before the item relating to section 301 the following:" “subchapter i—general provisions” "; and ####
(2)by adding at the end the following:" “subchapter ii—federal evidence-building activities “311. Definitions. “312. Agency evidence-building plan. “313. Evaluation Officers. “314. Statistical expertise. “315. Advisory Committee on Data for Evidence Building.” ". ###
(c)Agency Strategic Plans Section 306(a) of title 5, United States Code, is amended— ####
(1)in paragraph (7), by striking “; and” at the end and inserting a semicolon; ####
(2)in paragraph (8), by— #####
(A)striking the period at the end; and #####
(B)inserting after “to be conducted” the following: “, and citations to relevant provisions of the plans required under section 312; and”; and ####
(3)by adding at the end the following: > > #### “(9) > > an assessment of the coverage, quality, methods, effectiveness, and independence of the statistics, evaluation, research, and analysis efforts of the agency, including— > > > ##### “(A) > > a list of the activities and operations of the agency that are currently being evaluated and analyzed; > > > ##### “(B) > > the extent to which the evaluations, research, and analysis efforts and related activities of the agency support the needs of various divisions within the agency; > > > ##### “(C) > > the extent to which the evaluation research and analysis efforts and related activities of the agency address an appropriate balance between needs related to organizational learning, ongoing program management, performance management, strategic management, interagency and private sector coordination, internal and external oversight, and accountability; > > > ##### “(D) > > the extent to which the agency uses methods and combinations of methods that are appropriate to agency divisions and the corresponding research questions being addressed, including an appropriate combination of formative and summative evaluation research and analysis approaches; > > > ##### “(E) > > the extent to which evaluation and research capacity is present within the agency to include personnel and agency processes for planning and implementing evaluation activities, disseminating best practices and findings, and incorporating employee views and feedback; and > > > ##### “(F) > > the extent to which the agency has the capacity to assist agency staff and program offices to develop the capacity to use evaluation research and analysis approaches and data in the day-to-day operations.” > . ###
(d)GAO Report **[**[5 U.S.C. 306 note](/us/usc/t5/s306)**]** Not later than 2 years after the date on which each strategic plan required under section 306(a) of title 5, United States Code, is published, the Comptroller General of the United States shall submit to Congress a report that— ####
(1)summarizes agency findings and highlights trends in the assessment conducted pursuant to subsection (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 techniques and data to support evaluation efforts. ###
(e)Evaluation and Personnel Standards **[**[5 U.S.C. 311 note](/us/usc/t5/s311)**]** ####
(1)Requirement Not later than 1 year after the date of enactment of this Act, the Director of the Office of Management and Budget, in consultation 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 implementation 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 Management, 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 program evaluation within an agency; and #####
(C)establish a new career path for program evaluation within an agency. ####
(4)Definitions In this Act: #####
(A)Agency Except as otherwise provided, the term “agency” has the meaning given the term “Executive agency” under section 105. #####
(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). # TITLE II OPEN GOVERNMENT DATA ACT
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