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Standard Summary
Comprehensive overview in 1-2 paragraphs
The CLEAR Act would expand the scope of the Freedom of Information Act (FOIA) by broadening which entities are considered “agencies” for FOIA purposes. Specifically, it amends 5 U.S.C. § 552(f)(1) to include, in addition to the Executive Office of the President, any entity established under section 3161 of title 5. This change means that records held by those section 3161-created entities would become subject to FOIA requests, just like other federal agencies. The amendment applies to FOIA requests submitted on or after the enactment date, regardless of when the requested records were created, ensuring immediate applicability to new requests.
Key Points
- 1Short title: The bill may be cited as the Consistent Legal Expectations and Access to Records Act (CLEAR Act).
- 2Main change to FOIA: Expands the definition of “agency” in 5 U.S.C. § 552(f)(1) to include any entity established under section 3161 of Title 5.
- 3Effective date for requests: The expanded coverage applies to FOIA requests submitted on or after enactment, not retroactively to earlier requests.
- 4Scope of impact: Applies to entities created under section 3161, extending FOIA access to their records.
- 5Limitation: The text provided does not alter FOIA exemptions or other requirements beyond expanding which entities are subject to FOIA.
Impact Areas
Primary group/area affected: Members of the public, journalists, researchers, and watchdog organizations seeking access to records from federally established entities created under section 3161; those entities themselves will now be subject to FOIA requests.Secondary group/area affected: Federal agencies and their FOIA offices, which will need to apply FOIA processes to the newly covered entities, including processing requests and maintaining records in accordance with FOIA.Additional impacts: Potentially increased transparency and public access to records from the newly covered entities, alongside possible administrative workload and costs associated with processing FOIA requests and managing disclosures for these entities.
Generated by gpt-5-nano on Nov 18, 2025