[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7219 Referred in Senate (RFS)]
<DOC>
118th CONGRESS
2d Session
H. R. 7219
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 7, 2024
Received; read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
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,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Information Quality Assurance Act''.
SEC. 2. INFORMATION QUALITY ASSURANCE.
(a) In General.--Subchapter 1 of chapter 35 of title 44, United
States Code, is amended by adding at the end the following:
``Sec. 3522. Information Quality Assurance.
``(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 the Information
Quality Act--
``(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; or
``(ii) disseminated to the public to inform
the public about the nature and bases of such
rules and guidance; and
``(B) in a manner consistent with--
``(i) this chapter; and
``(ii) the amendments made by the
Foundations for Evidence-Based Policymaking Act
of 2018 (Public Law 115-435); and
``(2) make the guidelines updated under paragraph (1)
available on the website of the Office of Management and
Budget.
``(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 is relied on
in developing, issuing, or informing the public about the rules
and guidance of the Federal agency;
``(2) publish the guidelines updated by the head of the
Federal agency under paragraph (1) on the website of the
Federal agency;
``(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
``(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.
``(c) Public Disclosure.--
``(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--
``(A) any model, methodology, or source of
scientific, technical, demographic, economic, or
statistical information or evidence upon which the head
of the Federal agency--
``(i) relied on in developing or issuing
such rule or guidance; or
``(ii) proposes to rely on in developing or
issuing such rule or guidance; and
``(B) an identification of whether each such model,
methodology, or source constitutes, or may constitute,
influential information or evidence.
``(2) Exception.--
``(A) In general.--The head of the Federal agency--
``(i) shall implement paragraph (1) in a
manner consistent with this chapter and section
552a of title 5; and
``(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.
``(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--
``(i) an explanation as to why such
information cannot be made publicly available,
including a citation to the applicable law and
policy; and
``(ii) a description of any steps being
taken to increase access to such information,
even if the information cannot be made public.
``(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.
``(d) Definitions.--In this section:
``(1) Evidence.--The term `evidence' has the meaning given
that term in section 3561.
``(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--
``(A) developing or issuing a proposed or final
rule of the Federal agency; or
``(B) informing the public of the nature and basis
of any rule or guidance of the Federal agency.
``(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).''.
(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:
``3522. Information Quality Assurance.''.
Passed the House of Representatives May 6, 2024.
Attest:
KEVIN F. MCCUMBER,
Clerk.