To clarify the applicability of the Freedom of Information Act to certain federally established entities, and for other purposes.
Sponsors
Legislative Progress
IntroducedMs. Scholten (for herself, Mr. Connolly, Mr. Min, and Mr. …
Summary
What This Bill Does
The CLEAR Act (Consistent Legal Expectations and Access to Records Act) extends Freedom of Information Act (FOIA) transparency requirements to presidential transition teams. Currently, these teams operate in the Executive Office of the President but aren't subject to the same public records disclosure rules that apply to other federal agencies. This bill closes that gap by legally classifying transition teams as "agencies" under FOIA, meaning they must respond to public records requests just like any other federal agency.
Who Benefits and How
Transparency advocates, journalists, and the general public benefit by gaining legal access to records from presidential transition teams. Media organizations and government watchdog groups can now file FOIA requests to obtain documents about who transition teams are meeting with, what policy recommendations they're making, and how taxpayer dollars are being spent during the transition period. This provides unprecedented visibility into the often-secretive process of a new administration taking power.
Who Bears the Burden and How
Presidential transition teams face new administrative burdens by having to establish FOIA processing procedures, hire staff to handle records requests, and potentially disclose sensitive transition planning documents. The Executive Office of the President will need additional staff and resources to manage the influx of FOIA requests related to transition activities. Political campaigns transitioning to government must also adjust their record-keeping practices, knowing that internal communications and meeting notes could become public through FOIA requests.
Key Provisions
- Amends 5 USC 552(f)(1) to include "any entity established under section 3161" (transition teams) in the definition of "agency" for FOIA purposes
- Applies retroactively to all FOIA requests made after the law's enactment, regardless of when the requested records were created
- Requires transition teams to comply with the same disclosure timelines and exemption rules as other federal agencies
- Creates a new category of government records subject to public disclosure that was previously exempt from FOIA
Evidence Chain:
This summary is derived from the structured analysis below. See "Detailed Analysis" for per-title beneficiaries/burden bearers with clause-level evidence links.
Primary Purpose
Extends Freedom of Information Act (FOIA) transparency requirements to presidential transition teams and other entities established under 5 USC 3161
Policy Domains
Legislative Strategy
"Increase transparency of presidential transition process by subjecting transition teams to FOIA requests"
Likely Beneficiaries
- Government transparency advocates
- Media organizations
- Public interest groups
- Citizens seeking transition team records
Likely Burden Bearers
- Presidential transition teams
- Executive Office of the President staff managing FOIA requests
- Political campaigns transitioning to government
Bill Structure & Actor Mappings
Who is "The Secretary" in each section?
Key Definitions
Terms defined in this bill
Any entity established under section 3161 of title 5 (Presidential transition teams and related entities)
We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.
Learn more about our methodology