Information Quality Assurance Act
This bill requires the Office of Management and Budget to revise the guidelines for federal agencies with respect to the dissemination or use of influential information or evidence, which includes scientific, technical, demographic, economic, financial, and statistical information or evidence that has (or reasonably will have) a clear or substantial impact in developing, issuing, or informing the public about a rule or guidance of the agency.
The guidelines must ensure that federal agencies rely on the best reasonably available influential information and evidence in developing, issuing, or informing the public about the rules and guidance of the agency.
An agency also must publish any model, methodology, or source of scientific or technical information relied on in issuing or developing any rule or guidance.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7219 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 7219
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 5, 2024
Mrs. McClain (for herself and Ms. Porter) introduced the following
bill; which was referred to the Committee on Oversight and
Accountability, and in addition to the Committee on the Judiciary, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
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 of
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:
``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 of 2024, 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.''.
<all>
Ordered to be Reported (Amended) by the Yeas and Nays: 41 - 0.
Reported (Amended) by the Committee on Oversight and Accountability. H. Rept. 118-475, Part I.
Reported (Amended) by the Committee on Oversight and Accountability. H. Rept. 118-475, Part I.
Committee on the Judiciary discharged.
Committee on the Judiciary discharged.
Placed on the Union Calendar, Calendar No. 394.
Mr. LaTurner moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H2842-2844)
DEBATE - The House proceeded with forty minutes of debate on H.R. 7219.
Considered as unfinished business.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H2858-2859)
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Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 377 - 4 (Roll no. 177). (text: CR H2842-2843)
Roll Call #177 (House)On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 377 - 4 (Roll no. 177). (text: CR H2842-2843)
Roll Call #177 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Homeland Security and Governmental Affairs. Reported by Senator Peters with an amendment in the nature of a substitute. With written report No. 118-284.
Committee on Homeland Security and Governmental Affairs. Reported by Senator Peters with an amendment in the nature of a substitute. With written report No. 118-284.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 687.