HR 7219 — Information Quality Assurance Act

7219 ReferredReported in Senate (RFS)](RS)] <DOC> 118thCalendar CONGRESSNo. 2d Session H.

687 118th CONGRESS 2d Session H.

7219 _______________________________________________________________________[Report INNo. THE SENATE OF THE UNITED STATES May 7, 2024 Received;

read118-284] twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ ANIN ACTTHE ToSENATE ensureOF thatTHE FederalUNITED agenciesSTATES relyMay on7, the2024 bestReceived; reasonably available scientific, technical, demographic, economic, and statistical information and evidence to develop, issue or inform the public of the nature and bases of Federal agency rules and guidance, and for other purposes.

Beread ittwice enactedand byreferred to the SenateCommittee andon HouseHomeland ofSecurity Representativesand ofGovernmental theAffairs UnitedDecember States9, of2024 AmericaReported inby CongressMr. assembled, SECTION 1.

Peters, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] _______________________________________________________________________ AN ACT To ensure that Federal agencies rely on the best reasonably available scientific, technical, demographic, economic, and statistical information and evidence to develop, issue or inform the public of the nature and bases of Federal agency rules and guidance, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1.

SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Information Quality Assurance Act''.</DELETED> <DELETED>SEC.

2.

INFORMATION QUALITY ASSURANCE.</DELETED> <DELETED> (a) In General.--Subchapter 1 of chapter 35 of title 44, United States Code, is amended by adding at the end the following:</DELETED> <DELETED>``Sec.

3522.

Information Quality Assurance.</DELETED> <DELETED> ``(a) In General.--Not later than 1 year after the date of the enactment of the Information Quality Assurance Act, the Director shall--</DELETED> <DELETED> ``(1) with public and Federal agency involvement, update the guidelines issued under subsection (a) of the Information Quality Act--</DELETED> <DELETED> ``(A) to provide policy and procedural guidance to the heads of Federal agencies for better ensuring and maximizing the quality, objectivity, utility, and integrity of influential information or evidence--</DELETED> <DELETED> ``(i) used by the heads of Federal agencies to develop or issue rules and guidance;

or</DELETED> <DELETED> ``(ii) disseminated to the public to inform the public about the nature and bases of such rules and guidance;

and</DELETED> <DELETED> ``(B) in a manner consistent with-- </DELETED> <DELETED> ``(i) this chapter;

and</DELETED> <DELETED> ``(ii) the amendments made by the Foundations for Evidence-Based Policymaking Act of 2018 (Public Law 115-435);

and</DELETED> <DELETED> ``(2) make the guidelines updated under paragraph (1) available on the website of the Office of Management and Budget.</DELETED> <DELETED> ``(b) Content of Guidelines.--In updating the guidelines under subsection (a), the Director shall require that the head of each Federal agency to which the guidelines apply, not later than 1 year after the Director updates such guidelines--</DELETED> <DELETED> ``(1) update any guidelines issued by the head of the Federal agency under the Information Quality Act to ensure that, in the case of influential information or evidence, the best reasonably available information and evidence is relied on in developing, issuing, or informing the public about the rules and guidance of the Federal agency;</DELETED> <DELETED> ``(2) publish the guidelines updated by the head of the Federal agency under paragraph (1) on the website of the Federal agency;</DELETED> <DELETED> ``(3) ensure the administrative mechanisms established under subparagraph (B) of section (b)(2) of the Information Quality Act are available with respect to seeking and obtaining the correction of any influential information or evidence that the Federal agency uses to develop or issue a rule or guideline, or disseminates to the public to inform the public of the nature and basis of any rule or guidance of the Federal agency, that does not comply with the guidelines issued under paragraph (1);

and</DELETED> <DELETED> ``(4) include in the report required under subparagraph (C) of subsection (b)(2) of the Information Quality Act the information described under that subparagraph with respect to any complaints received by the Federal agency related to the accuracy of influential information or evidence the Federal agency uses to develop, issue, or inform the public of the nature and bases of rules or guidance.</DELETED> <DELETED> ``(c) Public Disclosure.--</DELETED> <DELETED> ``(1) Availability.--Except as provided under paragraph (2), the head of the Federal agency shall make available in the docket for the rulemaking of any rule of the Federal agency, or in the administrative record for any guidance, in a timely manner before the promulgation of the rule or issuance of the guidance document--</DELETED> <DELETED> ``(A) any model, methodology, or source of scientific, technical, demographic, economic, or statistical information or evidence upon which the head of the Federal agency--</DELETED> <DELETED> ``(i) relied on in developing or issuing such rule or guidance;

or</DELETED> <DELETED> ``(ii) proposes to rely on in developing or issuing such rule or guidance;

and</DELETED> <DELETED> ``(B) an identification of whether each such model, methodology, or source constitutes, or may constitute, influential information or evidence.</DELETED> <DELETED> ``(2) Exception.--</DELETED> <DELETED> ``(A) In general.--The head of the Federal agency--</DELETED> <DELETED> ``(i) shall implement paragraph (1) in a manner consistent with this chapter and section 552a of title 5;

and</DELETED> <DELETED> ``(ii) may not make available in the docket for the rulemaking of any rule of the Federal agency, or in the administrative record for any guidance, information that is prohibited from being disclosed to the public under any statute.</DELETED> <DELETED> ``(B) Explanation to be included in docket or administrative record.--If the head of the Federal agency does not make a model, methodology, or source available under paragraph (1)(A) pursuant to paragraph (2)(A), the head of the Federal agency shall include in the docket for the rulemaking or the administrative record for the guidance document--</DELETED> <DELETED> ``(i) an explanation as to why such information cannot be made publicly available, including a citation to the applicable law and policy;

and</DELETED> <DELETED> ``(ii) a description of any steps being taken to increase access to such information, even if the information cannot be made public.</DELETED> <DELETED> ``(3) Format of source.--The head of each Federal agency shall make any model, methodology, or source required to be made available under paragraph (1)(A) available as an open Government data asset.</DELETED> <DELETED> ``(d) Definitions.--In this section:</DELETED> <DELETED> ``(1) Evidence.--The term `evidence' has the meaning given that term in section 3561.</DELETED> <DELETED> ``(2) Influential information or evidence.--The term `influential information or evidence' means information or evidence (including scientific, technical, demographic, economic, financial, and statistical information or evidence) that the head of the Federal agency can reasonably determine will have or does have a clear or substantial impact on-- </DELETED> <DELETED> ``(A) developing or issuing a proposed or final rule of the Federal agency;

or</DELETED> <DELETED> ``(B) informing the public of the nature and basis of any rule or guidance of the Federal agency.</DELETED> <DELETED> ``(3) Information quality act.--The term `Information Quality Act' means section 515 of the Treasury and General Government Appropriations Act, 2001 (Public Law 106- 554).''.</DELETED> <DELETED> (b) Table of Contents.--The table of contents for subchapter I of chapter 35 of title 44, United States Code, is amended by adding after the item relating to section 3521 the following:</DELETED> <DELETED>``3522.

Information Quality Assurance.''.

SECTION 1.

(a) In General.--Subchapter 1I of chapter 35 of title 44, United States Code, is amended by adding at the end the following:

``(a) In General.--Not later than 1 year after the date of the enactment of the Information Quality Assurance Act, the Director shall-- ``(1) with public and Federal agency involvement, update the guidelines issued under subsection (a) of thesection Information515 Quality Act-- ``(A) to provide policy and procedural guidance to the heads of Federal agencies for better ensuring and maximizing the quality,Consolidated objectivity,Appropriations utility,Act, and2001 integrity(commonly ofknown influentialas information or evidence-- ``(i) used by the heads`Information ofQuality FederalAct') agencies(Public toLaw develop106-554; or issue rules and guidance;

114 Stat.

2763A-153)-- ``(A) to provide policy and procedural guidance to the heads of Federal agencies for better ensuring and maximizing the quality, objectivity, utility, and integrity of influential information or evidence-- ``(i) used by the heads of Federal agencies to develop or issue rules and guidance made available to the public;

and ``(ii) the amendments made by the Foundations for Evidence-Based Policymaking Act of 2018 (Public Law 115-435);115-435;

132 Stat.

5529);

``(b) Content of Guidelines.--In updating the guidelines under subsection (a), the Director shall require that the head of each Federal agency to which the guidelines apply, not later than 1 year after the Director updates such guidelines-- ``(1) update any guidelines issued by the head of the Federal agency under the Information Quality Act to ensure that, in the case of influential information or evidence, the best reasonably available information and evidence that is fit- for-purpose is relied on in developing, issuing, or informing the public about the rules and guidance of the Federal agency;

``(3) ensure the administrative mechanisms established under subparagraph (B) of sectionsubsection (b)(2) of the Information Quality Act are availablemade available, as applicable, with respect to seeking and obtaining the correction of any influential information or evidence disseminated by agencies that the Federal agency uses to develop or issue a rule or guideline,guidance ormade disseminatesavailable to the publicpublic, or to inform the public of the nature and basis of any rule or guidance of the Federal agency, that does not comply with the guidelines issued under paragraph (1);

``(c) Public Disclosure.-- ``(1) Availability.--ExceptAvailability.-- as``(A) providedIn undergeneral.--Not paragraphlater (2),than 1 year after the headdate of theenactment Federalof agencythis section, the Director shall makeissue availableguidance, which may be included in the docketguidelines forupdated theunder rulemakingsubsection of(a), anythat ruledirects the head of the Federal agency,agency orto inmake theavailable, administrativeexcept recordas forprovided anyunder guidance,paragraph (2), in athe timelydocket mannerfor before the promulgationrulemaking of theany rule or issuance of the guidanceFederal document--agency, ``(A)or anyin model,the methodology,public oradministrative sourcerecord offor scientific,any technical,guidance-- demographic,``(i) economic,the orcritical statisticalfactual informationmaterial or evidence upon which the head of the Federal agency--agency ``(i) relied onas inpart developingof orthe issuingrulemaking suchor ruleguidance ordevelopment guidance;process;

orand ``(ii) proposesa citation to relyany onother insource developingused orto issuinginform suchthe rulerulemaking or guidance;guidance development process.

and ``(B) anProcess.-- identification``(i) ofIn whethergeneral.--Except eachas suchprovided model,under methodology,clause or(ii), sourcethe constitutes,guidance orrequired mayunder constitute,subparagraph influential(A) shall direct an agency to make available the information that must be made available under that subparagraph as soon as reasonably possible before, but at a minimum at, the time that the Federal agency promulgates a rule or evidence.issues guidance.

``(2)``(ii) Exception.--Notice ``(A)and Incomment.--If general.--Thea headFederal agency engages in notice and comment rulemaking under section 553 of title 5 or provides for public notice and an opportunity to comment on proposed guidance, the Federalguidance agency--required ``(i)under subparagraph (A) shall implementdirect paragraphthe (1)Federal inagency ato mannerprovide consistentnotice withand thisan chapteropportunity andto sectioncomment 552aon the critical factual material upon which the head of titlethe 5;Federal agency relied.

and``(C) ``(ii)Revisions.--If maythe notcritical makefactual availablematerial under subparagraph (A)(i) is revised in thea docketmanner forthat may materially affect the rulemaking ofor anyguidance after the public is given notice and an opportunity to comment pursuant to subparagraph (B)(ii), but before the rule or guidance is published, the head of the Federal agency,agency orshall inmake the administrativerevision recordavailable forin anythe guidance,docket informationfor thatthe isrulemaking prohibitedor fromin beingthe disclosedapplicable toadministrative record for the publicguidance underin anya statute.timely manner.

``(B)``(2) ExplanationException.-- to``(A) beIn includedgeneral.--The inguidance docket or administrative record.--If the head of the Federal agency does not make a model, methodology, or source available under paragraph (1)(A)(1) pursuantshall todirect paragraph (2)(A), the head of the Federal agencyagency-- shall``(i) includeto inimplement theparagraph docket(1), forconsistent thewith rulemakingthis orchapter, thesections administrative552 recordand for552a theof guidancetitle document--5, ``(i)and anany explanationrights asunder totitles why17 such information cannot be made publicly available, including a citation to the applicable law and policy;35;

``(ii) to implement paragraph (1) to the maximum extent feasible, considering costs to the Federal Government;