(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.]
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