the public administrative record for any guid-
ance— 
‘‘(i) the critical factual material upon 
which the head of the Federal agency re-
lied 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, including a citation 
to any public comment that is referenced 
in a final rulemaking action. 
‘‘(B) PROCESS.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided under clause (ii), the guidance re-
quired under subparagraph (A) shall direct 
an agency to make available the informa-
tion 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 com-
ment rulemaking under section 553 of title 
5 or provides for public notice and an op-
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portunity to comment on proposed guid-
ance, the guidance required under subpara-
graph (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) IMPLEMENTATION OF PUBLIC DISCLOSURE 
REQUIREMENT EXCEPTIONS.— 
‘‘(A) IN GENERAL.—The guidance under 
paragraph (1) shall direct the head of the Fed-
eral agency— 
‘‘(i) to implement paragraph (1) con-
sistent with this chapter, sections 552 and 
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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, in-
formation 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 crit-
ical factual material available under paragraph 
(1), subject to subparagraph (A) of this para-
graph, the head of the Federal agency shall in-
clude in the docket for the rulemaking or the 
public administrative record, if applicable, for 
the guidance— 
‘‘(i) an explanation as to why such in-
formation cannot be made publicly avail-
able; and 
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‘‘(ii) a description of any steps being 
taken to increase access to such informa-
tion, even if the information cannot be 
made public. 
‘‘(3) FORMAT
OF
CRITICAL
FACTUAL
MATE-
RIAL.— 
‘‘(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 per-
mitted by law; 
‘‘(ii) make the critical factual material 
available by citation or description; and 
‘‘(iii) place in the docket for the rule-
making 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, 
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or public display of the information and 
the means by which a member of the pub-
lic may request to obtain a full copy of the 
information from such holder. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) EVIDENCE.—The term ‘evidence’ has the 
meaning given that term in section 3561. 
‘‘(2) INFLUENTIAL
INFORMATION
OR
EVI-
DENCE.—The term ‘influential information or evi-
dence’ means information or evidence about which 
an agency can reasonably determine that reliance on 
or dissemination of the information will have or does 
have a clear and substantial impact on important 
public actions, policies or statements or on impor-
tant private sector decisions. 
‘‘(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 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.’’. 
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(c) NO ADDITIONAL FUNDS.—No additional funds 
are authorized to be appropriated for the purpose of car-
rying out this Act or the amendments made by this Act. 
Æ 
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