[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.