§ 301. Departmental regulations

The head of an Executive department or military department may prescribe regulations for the government of his department, the conduct of its employees, the distribution and performance of its business, and the custody, use, and preservation of its records, papers, and property. This section does not authorize withholding information from the public or limiting the availability of records to the public.

§ 302. Delegation of authority

• (a) For the purpose of this section, “agency” has the meaning given it by section 5721 of this title .
• (b) In addition to the authority to delegate conferred by other law, the head of an agency may delegate to subordinate officials the authority vested in him—
  • (1) by law to take final action on matters pertaining to the employment, direction, and general administration of personnel under his agency; and
  • (2) by section 3702 of title 44 to authorize the publication of advertisements, notices, or proposals.

§ 303. Oaths to witnesses

• (a) An employee of an Executive department lawfully assigned to investigate frauds on or attempts to defraud the United States, or irregularity or misconduct of an employee or agent of the United States, may administer an oath to a witness attending to testify or depose in the course of the investigation.
• (b) An employee of the Department of Defense lawfully assigned to investigative duties may administer oaths to witnesses in connection with an official investigation.

§ 304. Subpenas

• (a) The head of an Executive department or military department or bureau thereof in which a claim against the United States is pending may apply to a judge or clerk of a court of the United States to issue a subpena for a witness within the jurisdiction of the court to appear at a time and place stated in the subpena before an individual authorized to take depositions to be used in the courts of the United States, to give full and true answers to such written interrogatories and cross-interrogatories as may be submitted with the application, or to be orally examined and cross-examined on the subject of the claim.
• (b) If a witness, after being served with a subpena, neglects or refuses to appear, or, appearing, refuses to testify, the judge of the district in which the subpena issued may proceed, on proper process, to enforce obedience to the subpena, or to punish for disobedience, in the same manner as a court of the United States may in case of process of subpena ad testificandum issued by the court.

§ 305. Systematic agency review of operations

• (a) For the purpose of this section, “agency” means an Executive agency, but does not include—
  • (1) a Government controlled corporation;
  • (2) the Tennessee Valley Authority;
  • (3) the Virgin Islands Corporation;
  • (4) the Atomic Energy Commission;
  • (5) the Central Intelligence Agency;
  • (6) the Panama Canal Commission; or
  • (7) the National Security Agency, Department of Defense.
• (b) Under regulations prescribed and administered by the President, each agency shall review systematically the operations of each of its activities, functions, or organization units, on a continuing basis.
• (c) The purpose of the reviews includes—
  • (1) determining the degree of efficiency and economy in the operation of the agency’s activities, functions, or organization units;
  • (2) identifying the units that are outstanding in those respects; and
  • (3) identifying the employees whose personal efforts have caused their units to be outstanding in efficiency and economy of operations.

§ 306. Agency strategic plans

• (a) Not later than the first Monday in February of any year following the year in which the term of the President commences under section 101 of title 3 , the head of each agency shall make available on the public website of the agency a strategic plan and notify the President and Congress of its availability. Such plan shall contain—
  • (1) a comprehensive mission statement covering the major functions and operations of the agency;
  • (2) general goals and objectives, including outcome-oriented goals, for the major functions and operations of the agency;
  • (3) a description of how any goals and objectives contribute to the Federal Government priority goals required by section 1120(a) of title 31 ;
  • (4) a description of how the goals and objectives are to be achieved, including—
    • (A) a description of the operational processes, skills and technology, and the human, capital, information, and other resources required to achieve those goals and objectives; and
    • (B) a description of how the agency is working with other agencies to achieve its goals and objectives as well as relevant Federal Government priority goals;
  • (5) a description of how the goals and objectives incorporate views and suggestions obtained through congressional consultations required under subsection (d);
  • (6) a description of how the performance goals provided in the plan required by section 1115(a) of title 31 , including the agency priority goals required by section 1120(b) of title 31 , if applicable, contribute to the general goals and objectives in the strategic plan;
  • (7) an identification of those key factors external to the agency and beyond its control that could significantly affect the achievement of the general goals and objectives;
  • (8) a description of the program evaluations used in establishing or revising general goals and objectives, with a schedule for future program evaluations to be conducted, and citations to relevant provisions of the plans required under section 312; and
  • (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.
• (b) The strategic plan shall cover a period of not less than 4 years following the fiscal year in which the plan is submitted. As needed, the head of the agency may make adjustments to the strategic plan to reflect significant changes in the environment in which the agency is operating, with appropriate notification of Congress.
• (c) The performance plan required by section 1115(b) of title 31 shall be consistent with the agency’s strategic plan. A performance plan may not be submitted for a fiscal year not covered by a current strategic plan under this section.
• (d) When developing or making adjustments to a strategic plan, the agency shall consult periodically with the Congress, including majority and minority views from the appropriate authorizing, appropriations, and oversight committees, and shall solicit and consider the views and suggestions of those entities potentially affected by or interested in such a plan. The agency shall consult with the appropriate committees of Congress at least once every 2 years.
• (e) The functions and activities of this section shall be considered to be inherently governmental functions. The drafting of strategic plans under this section shall be performed only by Federal employees.
• (f) For purposes of this section the term “agency” means an Executive agency defined under section 105, but does not include the Central Intelligence Agency, the Government Accountability Office, the United States Postal Service, and the Postal Regulatory Commission.

§ 311. Definitions

In this subchapter:

• (1) The term “agency” means an agency referred to under section 901(b) of title 31 .
• (2) The term “Director” means the Director of the Office of Management and Budget.
• (3) 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) The term “evidence” has the meaning given that term in section 3561 of title 44 .
• (5) 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) The terms “statistical activities”, “statistical agency or unit”, and “statistical purpose” have the meanings given those terms in section 3561 of title 44 .

§ 312. Agency evidence-building plan

• (a) 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) 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 1 So in original. other information included in guidance issued by the Director under subsection (a)(6).
• (c) 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.

§ 313. Evaluation Officers

• (a) The head of each agency shall designate a senior employee of the agency as the Evaluation Officer of the agency.
• (b) 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) 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) 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.

§ 314. Statistical expertise

• (a) 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) 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 .

§ 315. Advisory Committee on Data for Evidence Building

• (a) 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) 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 1 So in original. Probably should be “Interagency Council on 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)
  • (1) Each member of the Advisory Committee shall serve for a term of 2 years.
  • (2) 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) Members of the Advisory Committee shall serve without compensation.
• (e) 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) 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) The Advisory Committee shall terminate not later than two years after the date of the first meeting.