H.R. 1099 — CLEAR Act

This section establishes the short title of the Act as the “Consistent Legal Expectations and Access to Records Act” or the “CLEAR Act.”

This section revises the definition of “agency” under the Freedom of Information Act (FOIA) in 5 U.S.C. § 552(f)(1) to include any entity established under 5 U.S.C. § 3161, in addition to entities in the Executive Office of the President. As a result, those federally established entities become subject to FOIA’s public-records disclosure requirements, including the obligation to make certain records available for public inspection and to respond to requests for agency records. This section applies the amendment to any FOIA request made on or after the date of enactment, regardless of when the requested records were created.