Information Quality Assurance Act of 2025
Floor Speech
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Mr. TIMMONS. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 6329) 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.
The Clerk read the title of the bill.
The text of the bill is as follows: H.R. 6329
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 2025''. SEC. 2. INFORMATION QUALITY ASSURANCE.
(a) In General.--Subchapter I 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 2025, the Director shall--
``(1) update the guidelines issued under 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 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.
``(b) Content of Guidelines.--Not later than 1 year after the Director updates the guidelines under subsection (a), the head of each Federal agency to which the guidelines apply shall--
``(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.
``(c) Public Disclosure.--
``(1) Availability.--
``(A) In general.--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, including a citation to any public comment that is referenced in a final rulemaking action.
``(B) Process.--
``(i) In general.--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.
``(ii) Notice and comment.--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.
``(C) Revisions.--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.
``(2) Implementation of public disclosure requirement exceptions.--
``(A) In general.--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.
``(B) Explanation to be included in docket or administrative record.--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.
``(3) Format of critical factual material.--
``(A) In general.--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.
``(B) Exception.--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.
``(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 about which an agency can reasonably determine that reliance on or dissemination of the information will have or does have a clear and substantial impact on important public actions, policies or statements or on important private sector decisions.
``(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 Sections.--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: ``3522. Information Quality Assurance.''.
(c) No Additional Funds.--No additional funds are authorized to be appropriated for the purpose of carrying out this Act or the amendments made by this Act.
Mr. Speaker, I rise in support of H.R. 6329, the Information Quality Assurance Act of 2025.
Historically, thousands of Federal regulations have been imposed each year as an added burden on the American public.
The Code of Federal Regulations, in which these rules are housed, spans 243 volumes that contain over 180,000 single-spaced pages. Agency guidance explaining these regulations to the public likely spans millions more pages.
If we must have rules imposed by Federal regulatory agencies, we should, at the very least, ensure that regulatory agencies rely on the best available information.
Unfortunately, agencies frequently do not rely on the best available information to create their regulations. Year after year, the Federal courts are clogged with litigation brought by regulated parties who point out that Federal agencies have acted based on flawed information.
Over the years, Congress has tried to improve this situation.
In 2000, Congress enacted the Information Quality Act, which charged the Office of Management and Budget and each Federal agency to adopt guidelines to ensure agencies relied on high-quality information.
In 2015, Congress enacted the Foundations for Evidence-Based Policymaking Act, expanding on the Information Quality Act to further ensure agencies use high-quality information in their program administration.
Still, year after year, disputes arise over whether regulators are basing their decisions on the best-quality information available. Every year, courts strike down agency rules that do not rely on adequate information.
The Information Quality Assurance Act takes several major but straightforward steps to solve that problem. For the first time, it requires that the information which agencies use to form their rules and guidance be the best reasonably available information.
It also includes several additional terms to make sure agencies are finally held to that standard. This legislation will improve the quality of agency decisionmaking, improve the acceptability of new rules and guidance, and avoid the need for many disputes over agencies' use of information to go to court.
Mr. Speaker, I urge my colleagues to support this bill and thank Representative Lisa McClain for her reintroduction of this important legislation.
Mr. Speaker, I strongly support this bill. It is a simple, commonsense measure that is sure to improve the quality of Federal rulemaking for our constituents.
In the 118th Congress, a similar version of this legislation passed the House on an overwhelming bipartisan vote of 377-4. I urge my colleagues on both sides of the aisle to join me in support of this important legislation.
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Mr. TIMMONS. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
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