H.R.1099 - Consistent Legal Expectations and Access to Records Act; CLEAR Act (119th Congress)
Summary
H.R. 1099, the CLEAR Act, aims to clarify the applicability of the Freedom of Information Act (FOIA) to certain federally established entities, specifically those established under section 3161 of title 5, United States Code. The bill amends section 552(f)(1) of title 5 to include these entities under FOIA. The amendment applies to any request made on or after the date of enactment, regardless of when the records were created.
Expected Effects
The primary effect of this bill would be to increase transparency and accountability of federally established entities by making their records subject to FOIA requests. This would allow the public greater access to information about the operations and decisions of these entities. The bill seeks to ensure consistent legal expectations regarding access to records.
Potential Benefits
- Increased transparency in government operations.
- Greater accountability for federally established entities.
- Enhanced public access to information.
- Potential for more informed public discourse.
- Alignment with principles of open government.
Potential Disadvantages
- Potential increase in administrative burden for the affected entities.
- Possible costs associated with processing FOIA requests.
- Risk of disclosing sensitive information that could harm national security or competitive interests (though FOIA has exemptions for these).
- Possible delays in the operation of the affected entities due to FOIA compliance.
- Potential for misuse of information obtained through FOIA.
Constitutional Alignment
The bill aligns with the spirit of the First Amendment, which protects freedom of speech and the press, by promoting greater access to government information. While the Constitution does not explicitly mention FOIA, the principle of government transparency is consistent with the idea of an informed citizenry, which is essential for self-governance. The bill does not appear to infringe on any specific constitutional provision.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).