Ensuring the Quality of Information in Federal Regulations

Today, the House Oversight Committee is marking up the Information Quality Assurance Act (IQAA), which builds on and strengthens the information quality framework established by the Information Quality Act (IQA) and the Foundations for Evidence-Based Policymaking Act. The IQAA, introduced by Congresswoman Lisa McClain (R-MI-09), would help to ensure that data underpinning federal rules and guidance are accurate, transparent, and verifiable. EPIC has long called for this reform – which previously passed the House with overwhelming bipartisan support – and is pleased to see it moving forward again. High quality information plays a key role in the regulatory development process. New federal regulations and important guidance are often, to a significant degree, grounded in technical, scientific, statistical, economic, and other similar analytical information. These data are especially important when an agency has been given a mandate to regulate but must exercise its professional judgment to determine how best to develop and implement regulatory standards. If foundational data or research is inaccurate, biased, or unavailable for public review, then the quality, rationality, and effectiveness of agency rules and guidance can be materially degraded. Technical data can help to fill in statutory gaps and guide the judgement of regulators, but to do so most effectively, the data must be accurate, transparent, and verifiable. The IQAA would intensify existing requirements in this regard, primarily from the IQA and the Evidence-Based Policymaking Act, but also from Executive Branch standards such as Executive Order 12,866 and OMB Circular A-4. Whenever possible, Congress should articulate precisely how it wishes for an agency to regulate in a specific domain. The power being exercised by the agency is, after all, Congress’s power to set federal policy in a particular area. Less delegation of power to agencies means fewer judgement calls by regulators and less need for technical information to inform and guide new rulemakings. Where it has failed to do so in the past, Congress can and generally should narrow, qualify, particularize, time-bound, or provide other guard rails for the exercise of delegated lawmaking power, which agencies use to develop new regulations. Where delegation-specific narrowing or other retooling is not yet possible, and where agencies retain regulatory mandates without clear congressional instruction for how to exercise that authority, agencies should generally allow their regulatory policy choices to be informed by the best available, publicly verifiable information. The IQAA helps to ensure the quality of that information, which is critical to the development of many rules and guidance documents. Congress should be applauded for taking this step toward greater rationality and accountability in federal regulatory policy.