What is the Evidence Act?

When I joined Scioto Analysis in 2022, I didn’t have much experience with public policy. I had a background in economics from my undergrad degree and I had a masters degree in statistics. Both of those gave me the foundational skills I needed to do policy work, but only over the past two years have I really started engaging with public policy issues. 

So, while many of you may already know about this, it wasn’t until last month’s Association for Public Policy Analysis and Management conference that I learned about the existence of the Foundations for Evidence Based Policymaking Act (the Evidence Act for short). I learned about this when I attended a panel discussion talking about a Government Accountability Office report summarizing the current state of the Evidence Act.

The conversation was pretty hard for me to follow since I didn’t have the background of what the Evidence Act was. Since then, I’ve tried to learn more about the Evidence Act and what it might mean for federal agencies. Here are some of the most important takeaways:

Evidence-Building and Evaluation

The act emphasizes the importance of systematic evidence building and evaluation plans within federal agencies. It mandates that these plans be part of the agency's strategic plans and annual performance plans. Specifically, it requires covered agencies to develop systematic plans for identifying and addressing policy questions using evidence-based methods. This includes identifying policy-relevant questions, outlining methodologies, data sources, and steps for evidence development, and consulting with stakeholders including the public, other agencies, and researchers.

Open Data and Transparency

The act promotes open government data by requiring federal agencies to make data publicly available by default. This focus on transparency aims to enhance public trust and enable greater collaboration. Title II, known as the Open Government Data Act, emphasizes that all federal agencies must make data open by default and actively engage the public in using and collaborating with open data. The Evidence Act also requires agencies to maintain comprehensive data inventories and publish them on a centralized Federal Data Catalogue, ensuring data is accessible while protecting personally identifiable information.

Data Accessibility and Security

Balancing data accessibility for statistical purposes with the protection of confidential information is a core focus of the Evidence Act. Title III, the Confidential Information Protection and Statistical Efficiency Act of 2018, addresses this by expanding secure access to data for statistical purposes while protecting confidentiality. Agencies have to focus on expanding secure access to data, including categorizing data based on sensitivity, conducting risk assessments, and using de-identification techniques to protect privacy.

Strengthening Agency Capacity

The Evidence Act seeks to bolster federal agencies' capacity for evidence-based policymaking by establishing key roles and promoting data expertise. Agencies are required to designate senior Evaluation Officers responsible for implementing evidence-building plans and assessing the agency's evaluation capacity. Additionally, the Evidence Act mandates the appointment of statistical officials within agencies to advise on statistical matters and serve on the Interagency Council on Statistical Policy.

I hope going forward that these types of changes are not isolated to the federal level. State and local governments should look at some of this guidance and see if they have the capacity to take on some of these mandates voluntarily.

It can be expensive, but these are the types of investments that can generate major returns on investment. Avoiding inefficient rules and regulations while promoting equity, effectiveness, and efficiency is hard to do without first looking at the evidence.