Data Quality Act

From dKosopedia

The Data Quality Act, or the Information Quality Act was passed by the Congress in 2001, without debate, as a rider to an appropriations bill. It requires that Federal agencies base any findings, recommendations or regulations on solid science:

SEC. 515. (a) IN GENERAL- The Director of the Office of Management and Budget shall, by not later than September 30, 2001, and with public and Federal agency involvement, issue guidelines under sections 3504(d)(1) and 3516 of title 44,United States Code, that provide policy and procedural guidance to Federal agencies for ensuring and maximizing the quality, objectivity, utility, and integrity ofi nformation (including statistical information) disseminated by Federal agencies in fulfillment of the purposes and provisions of chapter 35 of title 44, UnitedStates Code, commonly referred to as the Paperwork Reduction Act. source, *pdf format

The legislation was not drafted by legislators, but by lobbyist James J. Tozzi, one of the founders of the Center for Regulatory Effectiveness.

The act is now being tested in the courts. Industry has filed suits challenging the science used in governmental regulations, and even against purely hortatory advisories. No suit has been effective, and one initiated by the Salt Institute is being considered for appeal to the Supreme Court. The fear is that this act, if sustained by the Supreme Court, could effectively mire governmental regulations in lawsuits over the underlying science behind the regulations, effectively shutting portions of the government down, something Big Business and Grover Norquist type conservatives would really like.

The act, however, would seem to be a two edged sword. Suits have been filed challenging the Interior Department over species excluded from protection under the Endangered Species Act. Similarly, suits have been filed over the government's unwillingness to recognize the medical uses of marijuana.

There will be efforts in Congress to change the act, but unlike the late-night way it snuck its way into law, a rather interesting coalition of liberals and Big Business types will unite to bend things to their own way of thinking. The act has indeed opened a can of worms.

Sources

Can of Worms from the Center for Regulatory Effectiveness.
Paul Raeburn, "A Regulation on Regulations", The Atlantic, July 2006, pp. 18-20.

Data Quality Act

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See also