PolicyBrief
H.R. 1145
119th CongressFeb 7th 2025
Nobody Elected Elon Musk Act
IN COMMITTEE

Makes the special Government employee in charge of the Department of Government Efficiency personally liable for any claims against the Federal Government related to the Department's activities.

Melanie Stansbury
D

Melanie Stansbury

Representative

NM-1

LEGISLATION

"Nobody Elected Elon Musk Act" Makes One Person Liable for Whole Department's Actions

The "Nobody Elected Elon Musk Act" (SEC. 1) does exactly what it sounds like—it singles out the special government employee running the Department of Government Efficiency and puts them on the hook for everything that department does. We're not just talking about minor slip-ups; this bill (SEC. 2) makes that individual personally responsible for any claim against the Federal Government stemming from the department's actions.

What's the Exposure?

This isn't small claims court. The designated individual would be liable for violations of Federal labor laws, data privacy laws, and even actions that threaten national or domestic security. Think about a data breach leaking personal info or a decision that violates a major appropriations law. This bill says the person in charge, not the government, is responsible. It covers "any other statutes," (SEC. 2) which is about as broad as it gets.

Real-World Fallout

Imagine you're a top-tier manager offered this leadership role. Now picture taking on that job knowing you're personally liable for any legal claim arising from your entire department's actions. This isn't about shared responsibility; it's about one person carrying the full weight. For example, If a department programmer makes a coding error that exposes sensitive data, the department head could be held personally liable for damages. Or, if a new policy, implemented by a team of 20 within the department, is found to violate labor laws, it’s the department head on the hook, personally.

The Big Picture

While accountability sounds good in theory, this bill raises some serious questions. How can one person realistically oversee every action of an entire department to that degree? The bill doesn't offer any extra oversight tools or resources, just the liability. This could lead to a department paralyzed by fear of making any decision, hindering the efficiency the department is supposed to promote. It also sets a precedent—could this approach be applied to other government roles? The bill's sweeping language and focus on individual liability, rather than systemic safeguards, make it a significant departure from how government accountability usually works.