Evidence-Based Policymaking (5 U.S.C. Sections 311-315)

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

§ 311

SUBCHAPTER II—FEDERAL EVIDENCEBUILDING 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 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.
(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 section 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 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.

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‘‘(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 ‘Executive agency’ under section 105 [probably means section 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 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 1 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.
(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 section 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.
1 So

in original.

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TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

(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.
(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 section 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 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.
(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 section 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.

§ 315

(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 1 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.
1 So in original. Probably should be ‘‘Interagency Council on
Statistical Policy’’.

§ 500

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

(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 section 403 of Pub. L. 115–435, set out as an Effective Date
of 2019 Amendment note under section 306 of this title.

CHAPTER 5—ADMINISTRATIVE PROCEDURE
SUBCHAPTER I—GENERAL PROVISIONS
Sec.

500.
501.
502.
503.
504.

Administrative practice; general provisions.
Advertising practice; restrictions.
Administrative practice; Reserves and National Guardsmen.
Witness fees and allowances.
Costs and fees of parties.

SUBCHAPTER II—ADMINISTRATIVE PROCEDURE
551.
552.
552a.
552b.
553.
554.
555.
556.

557.

558.

559.

Definitions.
Public information; agency rules, opinions,
orders, records, and proceedings.
Records about individuals.1
Open meetings.
Rule making.
Adjudications.
Ancillary matters.
Hearings; presiding employees; powers and
duties; burden of proof; evidence; record as
basis of decision.
Initial decisions; conclusiveness; review by
agency; submissions by parties; contents of
decisions; record.
Imposition of sanctions; determination of applications for licenses; suspension, revocation, and expiration of licenses.
Effect on other laws; effect of subsequent
statute.

SUBCHAPTER III—NEGOTIATED RULEMAKING
PROCEDURE
561.
562.
563.
564.
565.
566.
567.
568.
569.
570.
570a.

Purpose.
Definitions.
Determination of need for negotiated rulemaking committee.
Publication of notice; applications for membership on committees.
Establishment of committee.
Conduct of committee activity.
Termination of committee.
Services, facilities, and payment of committee member expenses.
Encouraging negotiated rulemaking.
Judicial review.
Authorization of appropriations.

SUBCHAPTER IV—ALTERNATIVE MEANS OF DISPUTE RESOLUTION IN THE ADMINISTRATIVE
PROCESS
571.
572.
573.
574.
575.
576.
577.
578.
579.
580.
581.
[582.
583.
584.
1 So

Definitions.
General authority.
Neutrals.
Confidentiality.
Authorization of arbitration.
Enforcement of arbitration agreements.
Arbitrators.
Authority of the arbitrator.
Arbitration proceedings.
Arbitration awards.
Judicial review.
Repealed.]
Support services.
Authorization of appropriations.
in original. Does not conform to section catchline.

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SUBCHAPTER V—ADMINISTRATIVE CONFERENCE
OF THE UNITED STATES
591.
592.
593.
594.
595.
596.

Purposes.
Definitions.
Administrative Conference of the
States.
Powers and duties of the Conference.
Organization of the Conference.
Authorization of appropriations.

United

Editorial Notes
AMENDMENTS
2004—Pub. L. 108–401, § 2(b)(2), Oct. 30, 2004, 118 Stat.
2255, substituted ‘‘Purposes’’ for ‘‘Purpose’’ in item 591.
1996—Pub. L. 104–320, §§ 4(b)(2), 10(b), 11(b)(2), (d)(2),
Oct. 19, 1996, 110 Stat. 3871, 3873, 3874, in item 569 substituted ‘‘Encouraging negotiated rulemaking’’ for
‘‘Role of the Administrative Conference of the United
States and other entities’’, added items 570a and 584,
and struck out item 582 ‘‘Compilation of information’’.
1992—Pub. L. 102–354, § 4, Aug. 26, 1992, 106 Stat. 945,
substituted headings of subchapters III, IV, and V and
items 561 to 570, 571 to 583, and 591 to 596 for former
heading of subchapter III and former items 571 to 576
relating to Administrative Conference of the United
States, former heading of subchapter IV and former
items 581 to 593 relating to alternative means of dispute
resolution in the administrative process, and former
heading of subchapter IV and former items 581 to 590 relating to negotiated rulemaking procedure.
1990—Pub. L. 101–648, § 3(b), Nov. 29, 1990, 104 Stat.
4976, added heading of subchapter IV and items 581 to
590 relating to negotiated rulemaking procedure.
Pub. L. 101–552, § 4(c), Nov. 15, 1990, 104 Stat. 2745,
added heading of subchapter IV and items 581 to 593 [renumbered 571 to 583] relating to alternative means of
dispute resolution.
1986—Pub. L. 99–470, § 2(b), Oct. 14, 1986, 100 Stat. 1198,
substituted ‘‘Authorization of appropriations’’ for ‘‘Appropriations’’ in item 576.
1985—Pub. L. 99–80, § 6, Aug. 5, 1985, 99 Stat. 186, revived item 504 and repealed Pub. L. 96–481, title II,
§ 203(c), Oct. 21, 1980, 94 Stat. 2327, which provided for
the repeal, effective Oct. 1, 1984, of item 504.
1980—Pub. L. 96–481, title II, § 203(a)(2), (c), Oct. 21,
1980, 94 Stat. 2327, added item 504 ‘‘Costs and fees of parties’’, and repealed that item effective Oct. 1, 1984.
1976—Pub. L. 94–409, § 3(b), Sept. 13, 1976, 90 Stat. 1246,
added item 552b.
1974—Pub. L. 93–579, § 4, Dec. 31, 1974, 88 Stat. 1905,
added item 552a.
1967—Pub. L. 90–83, § 1(1)(B), Sept. 11, 1967, 81 Stat. 195,
added item 500.
Pub. L. 90–23, § 2, June 5, 1967, 81 Stat. 56, substituted
‘‘Public information; agency rules, opinions, orders,
records and proceedings’’ for ‘‘Publication of information, rules, opinions, orders, and public records’’ in
item 552.

SUBCHAPTER I—GENERAL PROVISIONS
§ 500. Administrative practice; general provisions
(a) For the purpose of this section—
(1) ‘‘agency’’ has the meaning given it by
section 551 of this title; and
(2) ‘‘State’’ means a State, a territory or
possession of the United States including a
Commonwealth, or the District of Columbia.
(b) An individual who is a member in good
standing of the bar of the highest court of a
State may represent a person before an agency
on filing with the agency a written declaration
that he is currently qualified as provided by this
subsection and is authorized to represent the
particular person in whose behalf he acts.