H.R. 6329

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6329 Referred in Senate (RFS)]

<DOC>
119th CONGRESS
2d Session
H. R. 6329

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

February 25, 2026

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 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.

Passed the House of Representatives February 24, 2026.

Attest:

KEVIN F. MCCUMBER,

Clerk.