Overview
Title
To clarify the applicability of the Freedom of Information Act to certain federally established entities, and for other purposes.
ELI5 AI
H.R. 1099, called the "CLEAR Act," is a new rule that lets people ask for information from some special government groups that weren't included before. This means that if someone wants to know something from these groups, they can use this rule to ask, even if the information is old.
Summary AI
H.R. 1099, also known as the "Consistent Legal Expectations and Access to Records Act" or the "CLEAR Act," seeks to clarify the application of the Freedom of Information Act (FOIA) to certain entities established by the federal government. Specifically, the bill amends FOIA's definition section to include entities set up under section 3161 of title 5 in the United States Code. This change means that people can request information under FOIA from these entities, even for records created before the Act's enactment, as long as the request is made after the Act becomes law.
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AnalysisAI
The bill titled "Consistent Legal Expectations and Access to Records Act" or "CLEAR Act" proposes amendments to the Freedom of Information Act (FOIA). Introduced in the House of Representatives, this bill seeks to expand the scope of FOIA to include certain federally established entities. Specifically, the bill targets entities created under federal law, thereby mandating them to comply with requests for information similar to the entities within the Executive Office of the President.
General Summary
The CLEAR Act is structured around the importance of transparency and access to public records held by federal entities. The bill amends Section 552 of Title 5 of the United States Code by including any entity established under section 3161 of the same code. This adjustment aims to enforce FOIA requests on a broader range of federally established entities, ensuring that these entities provide records when requested, regardless of when these records were initially created.
Summary of Significant Issues
The primary issue with this bill is its lack of clarity regarding the exact scope of entities that fall under its amendment. Since the bill mentions entities established under section 3161 without detailing which entities these are or their functions, it leaves room for confusion among both the entities and individuals making information requests.
Another concern is the vague phrasing regarding the timeframe for which information can be requested. By stating that requests apply "regardless of when the records requested were created," the amendment may inadvertently place extensive archival burdens on the entities tasked with fulfilling these requests. There is no clear guidance on processing such requests, potentially leading to inconsistency in how different entities handle FOIA requests.
Additionally, the bill does not discuss the financial implications of expanding access to records. Without designated funding or resource allocations, entities could struggle with the financial burden of processing an increased volume of information requests, which may result in delayed responses or inadequate compliance.
Impact on the Public
For the general public, especially those interested in government transparency and accountability, the bill could be a positive step toward greater access to governmental records. It reinforces the public's right to know and enhances efforts to hold federally established entities accountable by promoting transparency.
However, if the issues within the bill are not addressed, the public might face challenges in consistently receiving timely and complete information. The lack of specificity and potential burdens on entities might result in slower response times to FOIA requests.
Impact on Specific Stakeholders
Federal entities designated under section 3161 would bear the direct impact of this legislative change. They may face increased administrative demands, potentially straining existing manpower and financial resources. If additional support or clear guidelines are not provided, these entities might experience operational inefficiencies.
Conversely, entities focused on transparency and good governance may find the bill aligns with their missions. They would likely support a legislative step ensuring that federally established entities maintain accountability through accessible information sharing. It is essential that the bill provides a balanced approach, addressing operational challenges while fostering transparency and public access to information.
In conclusion, while the CLEAR Act offers a promising path toward improved transparency, it requires more detailed provisions to minimize administrative uncertainties and potential financial burdens on federally involved entities. Properly addressing these issues would enhance the bill's efficacy in meeting its intended goals.
Issues
Section 2: The amendment language lacks clarity on the exact scope and implications for entities established under section 3161. It does not specify which entities these are or their functions, leading to potential confusion and administrative challenges in implementation.
Section 2: The phrase 'regardless of when the records requested were created' may introduce ambiguity concerning how far back into the archives requests can be made. This could impose a heavy burden on entities responsible for processing Freedom of Information Act requests without clear limits or guidelines.
Section 2: There is a lack of specific measures or guidelines on how entities should handle and process Freedom of Information Act requests, which might lead to inconsistent practices across different federally established entities. This inconsistency could affect the efficiency and effectiveness of information disclosure.
Section 2: There is no mention of any fiscal implications or funding necessary to support the expanded access to records. This omission may lead to unfunded mandates, placing financial strain on entities tasked with fulfilling potentially increased requests for information.
Section 1: Although the title 'Consistent Legal Expectations and Access to Records Act' or 'CLEAR Act' is clear, the lack of additional context makes it difficult to assess potential concerns regarding ambiguity or complexity in language. This lack of details could lead to challenges in understanding the Act's full scope and impact.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of the bill explains that the official title of the act is the “Consistent Legal Expectations and Access to Records Act,” which can also be abbreviated as the “CLEAR Act.”
2. Application of the freedom of information act to certain federally established entities Read Opens in new tab
Summary AI
The section amends the Freedom of Information Act to include certain entities created under federal law, specifically mentioning that these entities, along with those in the Executive Office of the President, must comply with information requests starting from the enactment date of this amendment, regardless of when the requested records were originally made.