---
kind: "section"
citation: "5 U.S.C. § 312"
title: "5"
title_heading: "Government Organization and Employees"
number: "312"
heading: "Agency evidence-building plan"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/312"
units:
  - "Part I — The Agencies Generally"
  - "Chapter 3 — Powers"
  - "Subchapter II — Federal Evidence-Building Activities"
---

# §312. Agency evidence-building plan

- (a) **Requirement.—** The head of each [agency](/usc/5/311.md?p=1) shall include in the strategic plan required under [section 306](/usc/5/306.md) a systematic plan for identifying and addressing policy questions relevant to the programs, policies, and regulations of the [agency](/usc/5/311.md?p=1). Such plan shall contain the following:
  - (1) A list of policy-relevant questions for which the [agency](/usc/5/311.md?p=1) intends to develop [evidence](/usc/5/311.md?p=4) to support policymaking.
  - (2) A list of data the [agency](/usc/5/311.md?p=1) intends to collect, use, or acquire to facilitate the use of [evidence](/usc/5/311.md?p=4) in policymaking.
  - (3) A list of methods and analytical approaches that may be used to develop [evidence](/usc/5/311.md?p=4) to support policymaking.
  - (4) A list of any challenges to developing [evidence](/usc/5/311.md?p=4) to support policymaking, including any statutory or other restrictions to accessing relevant data.
  - (5) A description of the steps the [agency](/usc/5/311.md?p=1) will take to accomplish paragraphs [(1)](#a-1) and [(2)](#a-2).
  - (6) Any other information as required by guidance issued by the [Director](/usc/5/311.md?p=2).
- (b) **Evaluation Plan.—** The head of each [agency](/usc/5/311.md?p=1) shall issue in conjunction with the performance plan required under [section 1115(b) of title 31](/usc/31/1115.md?p=b), an [evaluation](/usc/5/311.md?p=3) plan describing activities the [agency](/usc/5/311.md?p=1) plans to conduct pursuant to [subsection (a)](#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](/usc/5/311.md?p=3) study that the [agency](/usc/5/311.md?p=1) plans to begin in the next fiscal year;
  - (2) describe key information collections or acquisitions the [agency](/usc/5/311.md?p=1) plans to begin in the next fiscal year; and
  - (3) any[^1] other information included in guidance issued by the [Director](/usc/5/311.md?p=2) under [subsection (a)(6)](#a-6).
- (c) **Consultation.—** In developing the plan required under [subsection (a)](#a), the head of an [agency](/usc/5/311.md?p=1) shall consult with stakeholders, including the public, [agencies](/usc/5/311.md?p=1), [State](/usc/5/311.md?p=5) and local governments, and representatives of non-governmental researchers.

## Footnotes

[^1]: So in original.

## Source credit

(Added Pub. L. 115–435, title I, § 101(a)(2), Jan. 14, 2019, 132 Stat. 5530.)

## Notes

### 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.
