CLEAR Act
- Bill Number
- H.R. 1099
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Government Operations and Politics
- Status
- Introduced
- Latest Action
- 2025-02-06: Referred to the House Committee on Oversight and Government Reform.
- Last Updated
- 2025-06-09T17:48:38Z
AI-Generated Summary
Purpose of the Legislation
The Consistent Legal Expectations and Access to Records Act (CLEAR Act), H.R. 1099, aims to ensure greater transparency in federal government operations by clarifying that the Freedom of Information Act (FOIA)—a law allowing public access to certain federal records—applies to specific entities created by federal statute. It targets entities established under section 3161 of title 5, U.S. Code, which refers to offices of inspectors general (independent watchdogs within federal agencies that investigate waste, fraud, and abuse).
Key Provisions
- Amendment to FOIA: The bill modifies section 552(f)(1) of title 5, U.S. Code, by adding language that explicitly includes "any entity established under section 3161 of this title" (inspector general offices) as subject to FOIA, alongside entities in the Executive Office of the President.
- Effective Date: The change applies to all FOIA requests submitted on or after the date the bill becomes law, even if the requested records were created earlier.
Significant Changes to Existing Law
- Prior to this bill, FOIA's applicability to inspector general offices may have been unclear or inconsistently applied, as the law already covers most federal agencies but specifies certain exemptions or inclusions (e.g., for the Executive Office of the President).
- This amendment removes potential ambiguity by directly incorporating these entities into FOIA's scope, ensuring they must disclose records unless specific exemptions (like national security or personal privacy) apply.
Potential Impacts
- On Government Agencies: Inspector general offices will face new or clarified obligations to process and respond to FOIA requests, potentially increasing administrative workload and costs for record management and legal reviews.
- On Citizens: Enhances public access to information about government oversight activities, such as investigations into agency misconduct, promoting accountability without directly affecting international relations.
- Broader Effects: Could lead to more timely public scrutiny of federal operations, but might also strain resources in smaller inspector general offices.
Main Stakeholders Affected
- Citizens and the Public: Primary beneficiaries, gaining clearer rights to request records from inspector general entities.
- Federal Agencies and Inspector General Offices: Directly impacted, as they must comply with FOIA disclosures, potentially altering internal processes for handling sensitive information.
- Congress and Oversight Committees: Indirectly involved, as the bill was referred to the House Committee on Oversight and Government Reform, supporting their role in promoting government transparency.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens FOIA's framework by closing a potential loophole, aligning with the law's core goal of open government while respecting existing exemptions. No direct challenge to constitutional principles like separation of powers, but it reinforces the First Amendment's emphasis on informed public discourse.
- Constitutional: Supports the constitutional value of transparency in executive branch activities without infringing on executive privileges.
- Political: As a bipartisan bill introduced by representatives focused on oversight, it signals a push for accountability in government, potentially influencing future transparency reforms without major partisan divides. It could set a precedent for extending FOIA to other quasi-independent federal bodies.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Scholten, Hillary J. [D-MI-3]
Cosponsors (55)
Rep. Connolly, Gerald E. [D-VA-11], Rep. Min, Dave [D-CA-47], Rep. Mfume, Kweisi [D-MD-7], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Riley, Josh [D-NY-19], Rep. Tlaib, Rashida [D-MI-12], Rep. Brown, Shontel M. [D-OH-11], Rep. Jacobs, Sara [D-CA-51], Rep. Castro, Joaquin [D-TX-20], Rep. Williams, Nikema [D-GA-5], Rep. Morrison, Kelly [D-MN-3], Rep. Titus, Dina [D-NV-1], Rep. Barragán, Nanette Diaz [D-CA-44], Rep. Velázquez, Nydia M. [D-NY-7], Rep. Cleaver, Emanuel [D-MO-5], Rep. Balint, Becca [D-VT-At Large], Rep. Mullin, Kevin [D-CA-15], Rep. Cherfilus-McCormick, Sheila [D-FL-20], Rep. Ryan, Patrick [D-NY-18], Rep. Foster, Bill [D-IL-11], Rep. Davis, Danny K. [D-IL-7], Rep. Foushee, Valerie P. [D-NC-4], Rep. Waters, Maxine [D-CA-43], Rep. Bishop, Sanford D. [D-GA-2], Rep. Panetta, Jimmy [D-CA-19], Rep. Moore, Gwen [D-WI-4], Rep. Johnson, Julie [D-TX-32], Rep. Deluzio, Christopher R. [D-PA-17], Rep. Friedman, Laura [D-CA-30], Rep. Castor, Kathy [D-FL-14], Rep. Courtney, Joe [D-CT-2], Rep. Cisneros, Gilbert Ray, Jr. [D-CA-31], Rep. McCollum, Betty [D-MN-4], Rep. Omar, Ilhan [D-MN-5], Rep. Levin, Mike [D-CA-49], Rep. McBride, Sarah [D-DE-At Large], Rep. Moskowitz, Jared [D-FL-23], Rep. Landsman, Greg [D-OH-1], Rep. Smith, Adam [D-WA-9], Rep. Elfreth, Sarah [D-MD-3], Rep. Norcross, Donald [D-NJ-1], Rep. Fletcher, Lizzie [D-TX-7], Rep. Wasserman Schultz, Debbie [D-FL-25], Rep. Underwood, Lauren [D-IL-14], Rep. Lynch, Stephen F. [D-MA-8], Rep. Lee, Summer L. [D-PA-12], Rep. Keating, William R. [D-MA-9], Rep. Bera, Ami [D-CA-6], Rep. Adams, Alma S. [D-NC-12], Rep. Stansbury, Melanie A. [D-NM-1] and 5 more
Recent Actions
- 2025-02-06: Referred to the House Committee on Oversight and Government Reform.
- 2025-02-06: Introduced in House
- 2025-02-06: Introduced in House
Bill Versions
- Consistent Legal Expectations and Access to Records Act — issued 2025-02-06 — PDF (2 pages)