PolicyBrief
H.R. 1535
119th CongressFeb 24th 2025
BAD DOGE Act
IN COMMITTEE

The "BAD DOGE Act" repeals Executive Order 14158, effectively ending the US DOGE Service and US DOGE Service Temporary Organization due to concerns of overreach and violations of laws and regulations.

Dave Min
D

Dave Min

Representative

CA-47

LEGISLATION

BAD DOGE Act: Congress Moves to Shut Down Rogue Executive Order, Citing Overreach by Unappointed 'Administrator'

The "Bolstering Americas Democracy and Demanding Oversight and Government Ethics Act," or BAD DOGE Act (clever, right?), is all about slamming the brakes on what Congress sees as a runaway executive order. Specifically, it aims to repeal Executive Order 14158, which created the United States DOGE Service (USDS) and its temporary arm, the USDSTO. The main goal? To rein in alleged overreach and some seriously questionable actions.

Scrapping the Order: What It Means

This bill straight-up repeals Executive Order 14158. Think of it like hitting the 'delete' button on the whole thing. The order was supposed to be about improving government IT, with a temporary organization (USDSTO) led by an officially appointed USDS Administrator. But, according to the bill's findings (SEC. 2), things went sideways.

The Elon Musk Problem

Here's where it gets interesting. The bill calls out Elon Musk, stating he's been acting as the de facto leader of both USDS and USDSTO without an official appointment. It goes on to list a string of actions – freezing payments, accessing federal employee data (a big no-no!), controlling the Treasury's payment system, and even trying to terminate entire agencies – all supposedly done without proper authorization.

For example, imagine a contractor being given the keys to your office building, letting them shut down departments and mess with payroll. That's the kind of overreach the bill is alleging, but on a federal government scale. It's not just a bad look; the bill argues it violates a whole bunch of laws, including:

  • The Congressional Budget and Impoundment Control Act of 1974
  • Various sections of the U.S. Code related to federal employees, information security, and government ethics (SEC. 2 lists them all, if you're curious)
  • Even the Foreign Affairs Reform and Restructuring Act of 1998

Real-World Impact: Protecting the System (and Your Data)

By repealing the executive order, the BAD DOGE Act aims to:

  1. Reinforce Congressional Oversight: It's a clear message that Congress intends to keep a close eye on how executive power is used, especially when it comes to tech and government operations.
  2. Protect Federal Employees: The bill highlights concerns about unauthorized access to employee data. This repeal would, in theory, shut down any potential for that data to be misused.
  3. Ensure Legal Compliance: The bill is all about making sure everyone plays by the rules, preventing what it describes as violations of the Constitution and numerous federal statutes.

Basically, this bill is Congress saying, "Hold up, we need to fix this." It's a direct response to a situation where an executive order may have been used to bypass established laws and procedures, potentially putting sensitive data and government operations at risk. The BAD DOGE Act is a move to restore the checks and balances, ensuring that no one, regardless of their profile, can operate outside the bounds of the law.