Information Quality Assurance Act

Subchapter 1 of chapter 35 of title 44, United States Code, is amended by adding at the end the following:

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.

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.

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.

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.

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.

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.

In this section:

The term evidence has the meaning given that term in section 3561.

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.

The term Information Quality Act means section 515 of the Treasury and General Government Appropriations Act, 2001 (Public Law 106–554).

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:

Subchapter I of chapter 35 of title 44, United States Code, is amended by adding at the end the following:

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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).

In this section:

The term evidence has the meaning given that term in section 3561.

The term Information Quality Act means section 515 of the Treasury and General Government Appropriations Act, 2001 (Public Law 106–554).

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:

No additional funds are authorized to be appropriated for the purpose of carrying out this Act or the amendments made by this Act.