H.R. 1099 (119th)Bill Overview

CLEAR Act

Government Operations and Politics|Freedom of informationGovernment Operations and Politics
Cosponsors
Support
Democratic
Introduced
Feb 6, 2025
Discussions
Bill Text
Current stageCommittee

Referred to the House Committee on Oversight and Government Reform.

Introduced
Committee
Floor
President
Law
Congressional Activities
01 · The brief
Plain-English summaryWhat this bill actually does

The CLEAR Act amends 5 U.S.C. §552(f)(1) to expressly include "any entity established under section 3161 of this title" in the Freedom of Information Act's definition of agency. The amendment applies to FOIA requests made on or after enactment, regardless of when the records were created.

Why people may split

Transparency and accountability (left) vs. executive confidentiality (right)

Watch point

Relative to its intended legislative type, this bill is a narrowly focused amendment to FOIA that is textually specific and integrated with existing statutory provisions; it sets a clear effective date but omits fiscal analysis and detailed handling of some boundary questions.

The CLEAR Act amends 5 U.S.C. §552(f)(1) to expressly include "any entity established under section 3161 of this title" in the Freedom of Information Act's definition of agency.

The amendment applies to FOIA requests made on or after enactment, regardless of when the records were created.

Passage45/100

Narrow, low‑cost transparency amendment improves FOIA clarity and could attract bipartisan support, but uncertainty about affected entities and potential institutional pushback lowers odds.

CredibilityAligned

Relative to its intended legislative type, this bill is a narrowly focused amendment to FOIA that is textually specific and integrated with existing statutory provisions; it sets a clear effective date but omits fiscal analysis and detailed handling of some boundary questions.

Contention65/100

Transparency and accountability (left) vs. executive confidentiality (right)

02 · What it does

Who stands to gain, and who may push back.

Likely benefits vs burdens50% / 50%
Likely helpedLikely burdened

These are examples from the analysis, not a ranked list of the most-affected groups.

Likely helped
  • Potential benefitExpands public access to records of entities created under section 3161, enhancing transparency and oversight.
  • Potential benefitReduces legal ambiguity about FOIA applicability to these entities, likely lowering jurisdictional disputes.
  • Potential benefitEnables journalists, researchers, and watchdogs to obtain historical records via FOIA requests.
Likely burdened
  • Potential burdenIncreases administrative workload and compliance costs for entities newly subject to FOIA.
  • Potential burdenRetroactive application allows requests for older records, raising privacy and confidentiality risks.
  • Potential burdenSmaller or specialized entities may divert staff from core missions to meet disclosure obligations.
03 · Why people split

Why the argument around this bill splits.

Transparency and accountability (left) vs. executive confidentiality (right)
Progressive85%

Likely supportive because the bill expands transparency and makes FOIA coverage clearer.

The retroactive language is seen as strengthening accountability by allowing access to older records when requested after enactment.

Leans supportive
Centrist65%

Generally favorable to clearer FOIA boundaries but cautious about operational costs and national-security/privacy exemptions.

Views this as an incremental fix that should be paired with implementation details and funding clarity.

Split reaction
Conservative25%

Likely skeptical or somewhat opposed because expanding FOIA coverage can intrude on executive branch confidentiality and add regulatory burden.

Might accept a narrowly tailored or amended version protecting deliberative materials.

Likely resistant
04 · Can it pass?

The path through Congress.

Introduced

Reached or meaningfully advanced

Committee

Reached or meaningfully advanced

Floor

Still ahead

President

Still ahead

Law

Still ahead

Passage likelihood45/100

Narrow, low‑cost transparency amendment improves FOIA clarity and could attract bipartisan support, but uncertainty about affected entities and potential institutional pushback lowers odds.

Scope and complexity
24%
Scopenarrow
24%
Complexitylow
Why this could stall
  • Which specific entities are created under section 3161
  • Whether affected entities will assert separation‑of‑powers or national security objections
05 · Recent votes

Recent votes on the bill.

No vote history yet

The bill has not accumulated any surfaced votes yet.

06 · Go deeper

Go deeper than the headline read.

Included on this page

Transparency and accountability (left) vs. executive confidentiality (right)

Narrow, low‑cost transparency amendment improves FOIA clarity and could attract bipartisan support, but uncertainty about affected entities…

Unlocked analysis

Relative to its intended legislative type, this bill is a narrowly focused amendment to FOIA that is textually specific and integrated with existing statutory provisions; it sets a clear effective date but omits fiscal…

Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.

Perspective breakdownsPassage barriersLegislative design reviewStakeholder impact map
Open full analysis