The Foundations for Evidence-Based Policymaking Act: Law Explained

We can all agree that evidence-based policymaking is critical for effective governance and responsible use of taxpayer dollars.

This article will explain the key provisions of the Foundations for Evidence-Based Policymaking Act, passed in 2018, which aims to improve government data and evaluation to enable better-informed federal policies and programs.

You'll learn about the Act's requirements for federal agencies to develop learning agendas, evaluation plans, and open data initiatives, along with privacy safeguards, helping bring greater transparency, efficiency, and impact to federal policies that affect us all.

Introduction to the Foundations for Evidence-Based Policymaking Act

The Foundations for Evidence-Based Policymaking Act of 2018 (Evidence Act) aims to improve government decision-making and accountability by facilitating data access, emphasizing data quality, and promoting the use of evidence to inform policy. This law has the potential to transform how data is leveraged to serve the public good.

Overview of the Foundations for Evidence-Based Policymaking Act of 2018

The Evidence Act establishes several key requirements for federal agencies, including:

• Creation of multi-year learning agendas to identify policy questions that evidence could help inform
• Development of capacity for program evaluation and policy research
• Expansion of access to data while protecting privacy
• Appointment of senior officials to lead evaluation and data analysis efforts

New advisory committees, guidance, and initiatives like the Standard Application Process for accessing restricted data also further the law's open data approach.

Legislative Context: From the 115th Congress to Public Law 115-435

The Evidence Act originated from recommendations by the U.S. Commission on Evidence-Based Policymaking. Congress formally introduced it in the 115th United States Congress, passing it with bipartisan support. It was signed into law on January 14, 2019 as Public Law 115-435.

The Purpose and Impact of Evidence-Based Policymaking

By prioritizing data quality, accessibility, and evaluation capacity, the Evidence Act aims to bolster accountability, transparency, and the use of statistical evidence to inform policy decisions. This focus on learning and adaptation promises to improve government responsiveness and effectiveness over time.

What is the Foundations for Evidence-Based Policymaking Act?

The Foundations for Evidence-Based Policymaking Act of 2018 (Evidence Act) was passed by the 115th United States Congress and signed into law by President Trump on January 14, 2019 as Public Law 115-435. The Evidence Act aims to improve government decision-making and policy outcomes by facilitating data access, enhancing data infrastructure, and expanding agency capacity for evidence-building.

Specifically, the Evidence Act:

• Establishes a presumption of open government data while protecting privacy
• Requires federal agencies to name a Chief Data Officer and Evaluation Officer
• Creates an Advisory Committee on Data for Evidence Building
• Expands access to restricted data for evidence building while ensuring privacy
• Requires research and evaluation plans for major government policies

In summary, the Evidence Act opens up government data, expands agency capacity to build evidence, and strengthens privacy protections - with the goal of enabling more rigorous evaluations of public policies and programs. Proponents argue this will lead to more effective uses of taxpayer dollars.

What is the concept of evidence-based policymaking?

Evidence-based policymaking relies on using objective data and scientific evidence to inform the development and evaluation of public policies and programs. The goal is to move away from decision-making based on assumptions, opinions, or anecdotes, and instead ground policies in facts and empirical research.

Some key principles of evidence-based policymaking include:

• Basing decisions on rigorous, systematic evaluations of policy and program effectiveness, rather than intuition or ideology alone. This requires high-quality evidence on "what works."

• Transparency and accessibility of government data and research to policymakers and the public, enabling evidence to be more readily available and applied.

• Building capacity for policy evaluation and data analysis across government agencies through investments in skills, methods, and infrastructure.

• Continuous learning and improvement by testing policies and programs, learning from experience, and adapting based on new evidence and social conditions over time.

• Stakeholder participation and input from researchers, practitioners, and people impacted by policies to inform evidence needs and use.

The concept recognizes that public policy shapes people’s lives and requires careful examination of potential impacts. An evidence-based approach aims to create more effective policies, improve accountability, and foster open, democratic debate grounded in facts.

What is the Federal Evidence-Based Policymaking Act?

The Foundations for Evidence-Based Policymaking Act (Evidence Act) was passed by the 115th United States Congress and signed into law as Public Law 115-435 on January 14, 2019. The key goals of the Evidence Act are to:

• Require federal agencies to develop evidence-building capacity to support policymaking
• Streamline and improve access to federal data to facilitate evidence-building
• Strengthen privacy protections and confidentiality for such data

Specifically, the Evidence Act mandates federal agencies to develop Learning Agendas, which are plans to identify and address policy questions relevant to their mission. These Learning Agendas must be developed annually in coordination with the Office of Management and Budget (OMB) and Congress.

The Evidence Act also calls for improved data management, availability, and transparency across federal agencies. This includes the development of an open data plan and the use of open data formats. Guidance from the OMB directs agencies to prioritize openness and machine-readability for government data.

Overall, the Evidence Act aims to build capacity for evidence-based policymaking across the federal government. By improving data practices and formalizing evidence-building procedures, the goal is to inform policy decisions using objective insights and empirical analysis.

What is the Foundations of Evidence Act 2018?

The Foundations for Evidence-Based Policymaking Act of 2018 (Evidence Act) was signed into law on January 14, 2019. This bipartisan legislation aims to improve government decision making and policy outcomes by facilitating data access, promoting data sharing, and supporting the development of evidence.

Some key provisions of the Evidence Act include:

• Requires federal agencies to develop Learning Agendas to identify priority research questions that support their policy and programmatic decisions. Agencies must also develop multi-year Evaluation Plans.

• Expands access to government data by requiring agencies to publish their data in machine-readable formats and open licenses. However, confidential or sensitive data will remain protected.

• Creates an Advisory Committee that provides recommendations to the government on expanding data access and building evidence.

• Requires the designation of Chief Data Officers and Evaluation Officers in federal agencies to coordinate data and evidence-building activities.

• Directs the Office of Management and Budget (OMB) to issue guidance for implementing the Evidence Act across government agencies. So far, OMB has released Statistical Policy Directive No. 1 and the Federal Data Strategy's 2020 Action Plan.

The Evidence Act aims to improve government accountability, transparency, and outcomes by making more of its data assets accessible to policymakers, researchers, innovators, and the public. Overall, it lays the foundation for more data-driven and evidence-based policy decisions.

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The Evidence Act Summary: Key Provisions and Directives

The Foundations for Evidence-Based Policymaking Act (Evidence Act) was passed by the 115th United States Congress and signed into law as Public Law 115-435 on January 14, 2019. The key goal of the Act is to improve government effectiveness and accountability by promoting open data sharing, strengthening privacy protections, and standardizing program evaluation standards across federal agencies.

Some of the major provisions and directives of the Evidence Act include:

OMB Evidence Act Guidance and Implementation

The Office of Management and Budget (OMB) plays a lead role in providing guidance and oversight for Evidence Act implementation. Key OMB directives include:

• Statistical Policy Directive No. 1: Provides guidance to federal statistical agencies for ensuring the quality, objectivity, and integrity of disseminated information.

• Trust Directive: Outlines responsibilities of agencies to ensure the integrity, objectivity, impartiality, utility, and confidentiality of information, including statistical data.

Statistical and Evaluation Standards: From FCSM to M-19-23

The Evidence Act aims to standardize evaluation methods and data practices across federal agencies. It builds upon prior efforts such as:

• Federal Committee on Statistical Methodology (FCSM): Develops methodological guidelines and resources for federal statistical agencies.

• M-19-23: An OMB memorandum outlining standards for evidence-building activities in federal agencies. Provides guidelines for Learning Agendas, Annual Evaluation Plans, capacity building, and more.

The OPEN Government Data Act Component

The OPEN Government Data Act was incorporated into the Evidence Act. Its key requirements include:

• Federal agencies must publish their data online as open data, available in open and machine-readable formats.

• Data must be updated regularly and catalogued on data.gov to facilitate discoverability and access.

• Agencies must develop open data plans and policies to support effective open data release.

The OPEN Government Data Act expands public access to key data for research, innovation, and policymaking.

Major Evidence Act Requirements for Federal Agencies

The Foundations for Evidence-Based Policymaking Act (Evidence Act) of 2018 aims to improve government effectiveness and accountability by promoting open data sharing, strengthening privacy protections, and standardizing agency evaluation practices. Some of the key requirements for federal agencies under this law include:

Developing Agency Learning Agendas and HHS FY 2022 Evaluation Plan

The Evidence Act mandates that federal agencies develop learning agendas to identify priority evidence-building needs that inform strategic plans. For example, the HHS FY 2022 Evaluation Plan outlines key research questions and methods to evaluate programs like Head Start, cancer screenings, COVID-19 relief efforts, and more.

Annual Evaluation Plans and the Role of evaluation.gov

Agencies must publish annual evaluation plans on evaluation.gov detailing scheduled program evaluations and research questions/methods. This platform inventories agency evaluation activities in a centralized way.

Open Data Initiatives and the Contribution of cdo.gov and statspolicy.gov

The Evidence Act pushes open data initiatives through sites like cdo.gov and statspolicy.gov. These platforms help agencies follow new Statistical Policy Directives to release more granular, interoperable data assets while protecting privacy.

Enhancing Data Access and Privacy Under the Evidence Act

The Foundations for Evidence-Based Policymaking Act aims to expand access to government data while strengthening privacy protections.

Mandates for Open Data and Data Sharing

The Evidence Act requires agencies to develop open data plans to make data publicly available when appropriate. Agencies must also publish comprehensive data inventories and facilitate data sharing with researchers to enable evidence-building activities.

Safeguards for Data Privacy and Confidentiality

The Act enhances data privacy through new requirements such as standardized protocols for accessing restricted data and confidential data asset inventories. These provisions allow expanded data access while ensuring proper safeguards are in place.

Standard Application for Restricted Data and Trust Principles

The Evidence Act establishes a process and criteria for researchers to access restricted data for statistical purposes through a Standard Application. Approval depends on adherence to principles of trust, transparency, and confidentiality. This framework facilitates responsible data use.

Case Studies and Real-World Applications of the Evidence Act

The Evidence Act aims to improve government effectiveness and accountability by promoting data-driven policymaking. Various federal agencies have developed policies and strategies aligned with the Act's directives.

EPA's Evaluation and Evidence-Building Policy

The EPA published an evaluation and evidence-building policy in 2021 outlining plans to systematically assess its programs and policies. Key elements include:

• Establishing a learning agenda to prioritize key research questions and evidence needs.
• Embedding evaluators and researchers into program offices to improve evaluation rigor and relevance.
• Expanding access to EPA data assets to enable broader evidence-building.
• Strengthening evaluation capacity through methods guidance, trainings, and communities of practice.

This policy demonstrates how agencies can integrate evaluation and evidence-building to inform decisions, strategies, and operations.

The HHS Evaluation Policy and Its Alignment with the Evidence Act

The Department of Health and Human Services (HHS) updated its evaluation policy in 2020 to align with the Evidence Act. The policy designated the Office of the Assistant Secretary for Planning and Evaluation (ASPE) to coordinate evaluation activities and capacity building across HHS.

Key alignments with the Evidence Act include:

• Publishing an annual evaluation plan to improve transparency.
• Developing a learning agenda to prioritize key policy questions and evidence gaps.
• Expanding access to data assets for evidence-building while protecting privacy.
• Building evaluation expertise through trainings and guidance.

This example illustrates coordination across a large, decentralized agency to systematically strengthen evaluation and data access capabilities.

EPA Learning Agenda in Accordance with the EPA's FY 2022 - FY 2026 Strategic Plan

The EPA published a Learning Agenda in 2021 outlining key research questions and evidence needs aligned with strategic goals in its 5-year strategic plan. High-priority topics include:

• Assessing the impacts of EPA regulations and permitting policies.
• Understanding environmental risks to vulnerable communities.
• Evaluating the performance of voluntary partnership programs.
• Gauging adoption of green technologies and sustainability practices.

This Learning Agenda demonstrates how agencies can prioritize evaluation investments based on policy-relevant questions and strategic priorities.

Conclusion: Reflecting on the Evidence Act's Influence on Policymaking

The Evolving Landscape of Evidence-Based Policymaking

The Evidence Act has set in motion a cultural shift in federal policymaking towards more rigorous use of data and evidence. Agencies are building capacity for evaluation, collecting new data, and instituting policies aligned with the Act's principles. However, progress has been uneven. Some agencies have fully embraced evidence-building, while others lag behind. Sustained leadership commitment and resources are essential to realize the Act's vision.

As agencies expand their evidence-building activities in the coming years, they will confront questions about prioritizing learning agendas, funding evaluations, and ensuring transparency. Striking the right balance between internal learning and external accountability will be an ongoing challenge. Still, the Evidence Act has planted the seeds for a government that continuously learns and improves.

The Role of the U.S. Government Accountability Office in Monitoring Progress

The GAO will play a crucial oversight role in monitoring agency progress under the Evidence Act. Its regular reporting will shed light on implementation gaps and successes across government. The GAO also makes recommendations to OMB and Congress for strengthening evidence-building policies and practices.

Sustained GAO oversight, paired with legislative reauthorization of Evidence Act programs in 2023, will help ingrain evidence-based policymaking into the fabric of government decision-making. With diligent monitoring and support, the Evidence Act's vision of a more empirical, datadriven federal policy apparatus can be fully realized.

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