```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7219 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 687
118th CONGRESS
  2d Session
                                H. R. 7219

                          [Report No. 118-284]

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 7, 2024

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

                            December 9, 2024

               Reported by Mr. 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. SHORT TITLE.

    This Act may be cited as the ``Information Quality Assurance Act''.

SEC. 2. INFORMATION QUALITY ASSURANCE.

    (a) In General.--Subchapter I 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) update the guidelines issued under subsection (a) of 
        section 515 of the Consolidated Appropriations Act, 2001 
        (commonly known as the `Information Quality Act') (Public Law 
        106-554; 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; 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; 132 Stat. 5529); 
                        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 that is fit-
        for-purpose 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 subsection (b)(2) of the Information 
        Quality Act are made 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 guidance made 
        available to the public, 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); 
        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.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of this section, the Director shall 
                issue guidance, which may be included in the guidelines 
                updated under subsection (a), that directs the head of 
                the Federal agency to make available, except as 
                provided under paragraph (2), in the docket for the 
                rulemaking of any rule of the Federal agency, or in the 
                public administrative record for any guidance--
                            ``(i) the critical factual material upon 
                        which the head of the Federal agency relied as 
                        part of the rulemaking or guidance development 
                        process; and
                            ``(ii) a citation to any other source used 
                        to inform the rulemaking or guidance 
                        development process.
                    ``(B) Process.--
                            ``(i) In general.--Except as provided under 
                        clause (ii), the guidance required under 
                        subparagraph (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 issues guidance.
                            ``(ii) Notice and comment.--If a Federal 
                        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 guidance required under 
                        subparagraph (A) shall direct the Federal 
                        agency to provide notice and an opportunity to 
                        comment on the critical factual material upon 
                        which the head of the Federal agency relied.
                    ``(C) Revisions.--If the critical factual material 
                under subparagraph (A)(i) is revised in a manner that 
                may materially affect the rulemaking or guidance 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 shall make the revision available in the 
                docket for the rulemaking or in the applicable 
                administrative record for the guidance in a timely 
                manner.
            ``(2) Exception.--
                    ``(A) In general.--The guidance under paragraph (1) 
                shall direct the head of the Federal agency--
                            ``(i) to implement paragraph (1), 
                        consistent with this chapter, sections 552 and 
                        552a of title 5, and any rights under titles 17 
                        and 35;
                            ``(ii) to implement paragraph (1) to the 
                        maximum extent feasible, considering costs to 
                        the Federal Government; and
                            ``(iii) in implementing paragraph (1), to 
                        not make available in the docket for the 
                        rulemaking of any rule of the Federal agency, 
                        or in the public administrative record for any 
                        guidance, as applicable, 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 critical factual material 
                available under paragraph (1), subject to subparagraph 
                (A) of this paragraph, the head of the Federal agency 
                shall include in the docket for the rulemaking or the 
                public administrative record, if applicable, for the 
                guidance--
                            ``(i) an explanation as to why such 
                        information cannot be made publicly available; 
                        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 critical factual material.--
                    ``(A) In general.--Subject to paragraph (2) and 
                subparagraph (B), the head of each Federal agency shall 
                make available any critical factual material required 
                to be made available under paragraph (1)(A) as an open 
                Government data asset.
                    ``(B) Exception.--If an exception under paragraph 
                (2)(A) applies, the head of a Federal agency may--
                            ``(i) maximize public access to the 
                        critical factual material to the extent 
                        permitted by law;
                            ``(ii) make the critical factual material 
                        available by citation or description; and
                            ``(iii) place in the docket for the 
                        rulemaking or the administrative record for the 
                        guidance a specification of the identity of the 
                        entity that holds a legal right to prohibit or 
                        limit reproduction, distribution, or public 
                        display of the information and the means by 
                        which a member of the public may request to 
                        obtain a full copy of the information from such 
                        holder.
    ``(d) Limitation on Judicial Review.--Nothing in this section shall 
be construed to authorize rights to judicial review, other than to 
those rights in existence on the day before the date of enactment of 
the Information Quality Assurance Act, or create any additional rights 
under chapter 5 or 7 of title 5 (commonly referred to as the 
`Administrative Procedure Act').
    ``(e) Definitions.--In this section:
            ``(1) Evidence.--The term `evidence' has the meaning given 
        that term in section 3561.
            ``(2) 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 Sections.--The table of sections 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.''.
    (c) No Additional Funds.--No additional funds are authorized to be 
appropriated for the purpose of carrying out this Act or the amendments 
made by this Act.
                                                       Calendar No. 687

118th CONGRESS

  2d Session

                               H. R. 7219

                          [Report No. 118-284]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            December 9, 2024

                       Reported with an amendment
```