The CLEAR Act, or H.R. 1099, is a proposed law that aims to make certain government records more accessible to the public. By changing a small part of the Freedom of Information Act (FOIA), it ensures that temporary federal organizations must share their records when requested, promoting transparency and accountability.
What This Bill Does
The CLEAR Act amends the Freedom of Information Act (FOIA), which is a law that allows people to request access to records from the federal government. Specifically, this bill changes a part of FOIA to include temporary government entities. These are organizations set up for specific tasks, like handling a crisis or conducting a study, and they were not always required to share their records with the public.
By including these temporary entities under FOIA, the CLEAR Act ensures that their records can be requested by anyone, just like records from other federal agencies. This means that if a temporary task force is created to handle a natural disaster, its records would be available to journalists, researchers, and the public.
The bill applies to any FOIA requests made after it becomes law, even if the records were created before the law was passed. This retroactive application helps close any gaps in transparency, ensuring that all relevant records are accessible, regardless of when they were created.
Why It Matters
The CLEAR Act is important because it promotes transparency in government operations. By making more records available, it allows the public to see how temporary federal entities are using taxpayer money. This can lead to greater accountability and help prevent misuse of funds.
Journalists and researchers benefit from this change because it makes it easier for them to investigate government actions and report on them. For everyday Americans, this means more oversight on how their tax dollars are spent, potentially leading to better government efficiency and less waste.
Key Facts
- Cost/Budget Impact: No specific budget impact is available, but the bill likely imposes minimal costs related to processing FOIA requests.
- Timeline for Implementation: The provisions take effect immediately upon enactment, applying to all FOIA requests made thereafter.
- Number of People Affected: The bill primarily affects federal entities and those seeking information from them, such as journalists and researchers.
- Key Dates: Introduced on February 6, 2025, with no further actions or votes as of now.
- Bipartisan Support?: Introduced by Democrats, with no Republican cosponsors, indicating limited bipartisan support.
- Ultra-Narrow Focus: The bill is notably short, targeting a specific part of FOIA to expand its scope.
- Historical Context: Similar FOIA amendments have been made in the past to address transparency issues, reflecting ongoing efforts to improve government openness.
Arguments in Support
- Enhances Government Transparency: Supporters argue that the bill closes loopholes that allowed certain government entities to operate without public scrutiny.
- Promotes Accountability: By subjecting more entities to FOIA, the bill ensures that all government operations are open to public review, preventing secretive practices.
- Retroactive Clarity: The bill applies to all future FOIA requests, regardless of when the records were created, ensuring consistent access to information.
Arguments in Opposition
- Administrative Burden: Critics worry that requiring temporary entities to comply with FOIA could slow down their operations due to the added workload.
- Chilling Sensitive Work: There is concern that mandatory disclosure might hinder the efficiency of entities handling sensitive or time-critical tasks.