(Press Release)
Today, U.S. Congresswoman Hillary Scholten (MI03)
introduced the Consistent Legal Expectations and Access to Records
(CLEAR) Act, which clarifies that temporary organizations created under 5
USC 3161, like DOGE, are subject to FOIA. Given the breadth of power
these organizations wield, they should be subject to the same standard
of scrutiny and public information sharing that other agencies are
beholden to.
As it currently stands, DOGE does not need to comply with
FOIA requests from the American public. Scholten is joined by House
Committee on Oversight and Reform Ranking Member Gerry Connolly (VA11),
Dave Min (CA47), and Kweisi Mfume (MD07) as co-leads on her legislation.
“In
the first two weeks of Trump’s second term, chaos has reigned and has
many asking… what is happening? An unelected businessman with numerous
conflicts of interest has been given unprecedented access to government
data and Americans' personal information. These are taxpayer dollars
he’s controlling, and the American people deserve to know what’s
happening. Knowledge is power, and in America, that power belongs to the
people. My bill will make sure that no president, Republican or
Democrat, can hide their actions from the American people,” said Rep. Scholten.
President
Trump created DOGE through an executive order using an authority that
allows the president to set up "temporary organizations." Congresswoman
Scholten introduced this legislation to make it clear that any
organization created this way is automatically subject to FOIA. The bill
would apply retroactively, meaning all of DOGE’s records since it was
formed would become public if the legislation is signed into law.
[Editor's note: The Higher Education Inquirer has requested digital copies of all emails between the White House and DOGE sent or received on February 5, 2025.]