Requirements

There are various statutory and regulatory requirements for agencies to engage stakeholders. Though such requirements should not be the sole motivation for stakeholder engagement activities, it is important for agencies to understand the law, regulations, and guidance that exist that will impact their efforts.

The Foundations for Evidence-Based Policymaking Act (Evidence Act) prompted sweeping changes across agencies, directing them to develop better processes for generating and using evidence for decision-making. Among the various provisions, the Evidence Act focuses on the importance of stakeholder engagement. It specifically requires stakeholders engagement when developing evidence-building plans and maintaining open data plans. Additionally, the Evidence Act instructs the Chief Data Officer Council to consult with external stakeholders to increase access to federal data. Implementation guidance for the Evidence Act from the Office of Management and Budget has also included strategies for engagement to help clarify agencies’ responsibilities. 

The Biden Administration also demonstrated a commitment to improving stakeholder engagement in a number of areas. The 2022 President’s Management Agenda encourages agencies to engage with external stakeholders, and various Executive Orders have directed agencies to solicit stakeholder feedback to inform policy and programmatic decisions.