OMB Official Says Evidence Act Implementation Guidance May Come in Early 2021

OMB Official Says Evidence Act Implementation Guidance May Come in Early 2021

An official from the Office of Management and Budget couldn’t pin down a specific date for the release of implementation guidance required under the Foundations for Evidence-Based Policymaking Act at a meeting for a federal advisory board, but indicated the guidance will be released in the coming months. 


OMB’s Shelly Wilkie Martinez briefed members during the first meeting of the Advisory Committee on Data for Evidence Building Friday on the agency’s efforts to implement the Evidence Act. When asked by a committee member when guidance for implementing the Evidence Act would be released, Martinez suggested early 2021.


A recent Government Accountability Office Audit found OMB is behind schedule on releasing some of the required implementation guidance for Title II of the Evidence Act in particular. That portion of the bill—the Open, Public, Electronic, and Necessary Government Data Act—took effect in July 2019. But GAO found OMB still hasn’t released implementation guidance or conducted required reports on agency performance. The first biennial report was due in January of this year. 


Martinez said OMB is currently working on this guidance, known as Phase 2 implementation guidance. Martinez indicated at least three regulations and several guidance documents are in the works. She added OMB is also working on Phase 3 regulations, which deal with data access for statistical purposes. 


“I am confident that they will all come out for public comment during the life of this committee, I would hope in the front end,” Martinez said. “We are at the moment kind of describing the three regulations as three distinct ones but that will probably go out kind of as a set in early [2021].” ..

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