The CLEAR Act amends Title 5 of the United States Code, Section 552(f)(1), to include any entity established under Section 3161 within the scope of the Freedom of Information Act (FOIA).
Hillary Scholten
Representative
MI-3
The CLEAR Act amends the Freedom of Information Act (FOIA) to include entities established under Section 3161, ensuring their records are accessible to the public. This change applies to all FOIA requests made after the Act's enactment, regardless of when the records were created.
CLEAR Act: New Law Makes More Government Records Available to the Public
The Consistent Legal Expectations and Access to Records Act, or CLEAR Act, expands the Freedom of Information Act (FOIA) to cover more government-related entities. Specifically, it pulls in any entity set up under Section 3161 of Title 5, United States Code, making these organizations subject to public records requests. The main point? Increasing transparency in government operations.
Shining a Light: What the CLEAR Act Changes
This act directly amends a key part of the U.S. Code (5 U.S.C. § 552(f)(1)) to include these previously exempt entities under FOIA. This means that starting the day the CLEAR Act is enacted, any FOIA requests made to these entities will apply, regardless of when the records were originally created. For example, if a nonprofit organization was established under Section 3161 to manage a federal grant program, all of its records—past and present—become subject to public request, so long as the request is made after the enactment of the CLEAR Act (SEC. 2.).
Real-World Ripple Effects
Imagine a local community group that wants to understand how federal funds are being used by one of these newly covered entities. Before the CLEAR Act, accessing detailed records might have been impossible. Now, they can file a FOIA request to get the information they need, like how a contractor is spending the money, or internal emails discussing project decisions. This is a big win for anyone who wants to keep an eye on how taxpayer money is being spent or how policies are being carried out.
The Bottom Line
This change is all about making sure the public can see what these government-related organizations are up to. By expanding FOIA, the CLEAR Act aims to boost transparency and accountability. While agencies can still sometimes withhold information under existing FOIA exemptions—like to protect personal privacy or national security—this law opens up a lot more information to public view. It's a move that could make it easier for citizens, journalists, and watchdog groups to keep tabs on a wider range of government activities.