H.R. 7219 Text - Reported in House - 118th Congress (2023-2024)

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:
“§ 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.”.