[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1535 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 1535
To repeal President Donald Trump's January 20, 2025, Executive Order
titled ``Establishing and Implementing the President's `Department of
Government Efficiency''', and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 24, 2025
Mr. Min (for himself, Ms. Stansbury, Ms. Ansari, Ms. Pressley, and Ms.
Crockett) introduced the following bill; which was referred to the
Committee on Oversight and Government Reform
_______________________________________________________________________
A BILL
To repeal President Donald Trump's January 20, 2025, Executive Order
titled ``Establishing and Implementing the President's `Department of
Government Efficiency''', and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bolstering America's Democracy and
Demanding Oversight and Government Ethics Act'' or the ``BAD DOGE
Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The United States DOGE Service (in this section
referred to as ``USDS'') (formerly known as the United States
Digital Service) and the U.S. DOGE Service Temporary
Organization (in this section, referred to as ``USDSTO'')
created by Executive Order 14158 (90 Fed. Reg. 8441; relating
to establishing and implementing the President's ``Department
of Government Efficiency'') (in this section referred to as
``the DOGE Executive Order'') are operating beyond the scope of
their authorities and organizational purposes.
(2) The DOGE Executive Order specifically creates the
USDSTO as a ``temporary organization'' in accordance with
section 3161 of title 5, United States Code, which limits the
purpose of such an organization to ``performing a specific
study or other project''.
(3) The DOGE Executive Order specifies that the USDSTO
shall be headed by the USDS Administrator, who is to be
appointed by the Office of Management and Budget, and shall be
dedicated to advancing the President's DOGE agenda.
(4) This DOGE agenda is described in the DOGE Executive
Order as a ``Software Modernization Initiative'' led by the
USDS Administrator to ``improve the quality and efficiency of
government-wide software, network infrastructure, and
information technology (IT) systems''.
(5) The DOGE Executive Order additionally specifies that
USDS shall adhere to rigorous data protection standards.
(6) In fact, both the USDS and USDSTO are being led by Elon
Musk, who was not appointed as USDS Administrator.
(7) There are no government records indicating that Mr.
Musk has any formal role with the Federal Government, or that
he is complying with any disclosure or conflict-of-interest
requirements that would apply to Federal employees or
officials.
(8) The White House subsequently indicated that Mr. Musk is
a ``special government employee'' but has not produced any
evidence that he was retained in this role, or that he is
complying with any rules or laws that would be required for a
Federal employee or the USDS Administrator.
(9) According to numerous media reports and first-hand
accounts, including social media posts and press statements
from Mr. Musk himself, under the leadership of Mr. Musk, the
USDSTO has taken actions that go far beyond what the DOGE
Executive Order authorized either USDS or USDSTO to do,
including freezing payments to different Federal agencies and
programs, acquiring personnel information for all Federal
employees from the Office of Personnel Management (in this
section referred to as ``OPM''), gaining control over and
access to the Department of Treasury's Bureau of Fiscal
Services (in this section referred to as ``BFS'') Federal
payments system and its associated data, locking Federal
employees out of their computer systems, offering Federal
employees a buyout, and ostensibly terminating Federal
agencies, bureaus, and programs created by and funded by
Congress.
(10) These actions are inconsistent with the provisions of
the DOGE Executive Order and also with what a ``temporary
organization'' is statutorily permitted to do.
(11) Mr. Musk's actions and authorities also grossly exceed
what he might be permitted to do as a ``special government
employee''.
(12) The USDS and the USDSTO, under the direction of Mr.
Musk, are repeatedly violating a number of Federal statutes and
provisions of the United States Constitution.
(13) USDS, USDSTO, and Mr. Musk have reportedly gained
access to OPM's personnel files, gained control and access to
BFS's payments systems and associated data, sent a buyout offer
to all Federal employees, attempted to dismantle the United
States Agency for International Development and the Consumer
Financial Protection Bureau without congressional approval, and
removed public health information from the Centers for Disease
Control and Prevention and the Food and Drug Administration
websites, among other things.
(14) These actions violate the Constitution, including
Article I, section 1 (Separation of Powers), Article I, section
7 (Presentment and Appropriations Clause), Article I, section 8
(Spending Clause), and Article II, section 3 (Take Care
Clause).
(15) These actions also violate a broad array of Federal
statutes, including--
(A) the Congressional Budget and Impoundment
Control Act of 1974 (2 U.S.C. 601 et seq.);
(B) chapter 15 of title 31, United States Code
(commonly known as the ``Anti-Deficiency Act'');
(C) section 6329a through 6329c of title 5, United
States Code (commonly known as the ``Administrative
Leave Act of 2016'');
(D) chapter 36 of title 44, United States Code
(commonly known as the ``E-Government Act of 2002'');
(E) section 552a of title 5, United States Code
(commonly known as the ``Privacy Act of 1974'');
(F) subchapter II of chapter 35 of title 44, United
States Code (commonly known as the ``Federal
Information Security Modernization Act of 2014'');
(G) the Foreign Affairs Reform and Restructuring
Act of 1998 (22 U.S.C. 6501 et seq.);
(H) chapter 10 of title 5, United States Code
(commonly known as the ``Federal Advisory Committee
Act'');
(I) chapter 41 of title 44, United States Code
(commonly known as the ``Paperwork Reduction Act of
1995'');
(J) numerous Federal ethics regulations; and
(K) various provisions of subchapter II of chapter
5 of title 5, United States Code (commonly known as the
``Administrative Procedure Act'').
SEC. 3. REPEAL OF EXECUTIVE ORDER 14158.
Executive Order 14158 (90 Fed. Reg. 8441; relating to establishing
and implementing the President's ``Department of Government
Efficiency'') shall have no force or effect.
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