Federal agencies must show their work: new transparency rule for rulemaking

What it does

This bill requires federal agencies to update their guidelines for ensuring that the scientific, technical, and statistical information they use to develop rules and guidance is of high quality and objectively sound. It mandates that agencies disclose the factual material and sources they relied on when making rules, making this information available in public dockets and administrative records before or when rules are issued, with limited exceptions for confidential or legally protected information.

Why we flagged it

The bill's core mechanism is procedural: it mandates disclosure of the factual and evidentiary basis for federal rules and guidance, and requires agencies to rely on the best reasonably available evidence. This is fundamentally a transparency and accountability measure, not a substantive policy change.

What the text implies

• The bill may increase litigation risk for agencies by making the evidentiary record more accessible to challengers, potentially slowing rulemaking or leading to more vacated rules if agencies cannot justify their factual premises.
• Agencies may face pressure to disclose proprietary or confidential business information submitted during rulemaking, even if legally protected, as the bill requires maximizing public access to the extent permitted by law.

The full analysis lists 4 implications of this text.

Who it affects

The bill increases transparency and public access to the factual basis for federal rules, allowing citizens and advocates to scrutinize agency decision-making and challenge rules based on weak or outdated evidence. This strengthens democratic accountability and the ability of the public to participate meaningfully in the rulemaking process.