119-hr1535

[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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