PolicyBrief
H.R. 994
119th CongressFeb 5th 2025
Stop Musk Act
IN COMMITTEE

The "Stop Musk Act" protects federal employees from retaliation if they act to prevent Elon Musk or his associates from taking unlawful or unconstitutional actions against federal agencies. This protection applies retroactively from the date of enactment.

Maxine Dexter
D

Maxine Dexter

Representative

OR-3

LEGISLATION

"Stop Musk Act": New Bill Shields Federal Employees Who Block Elon Musk

The "Stop Musk Act" directly prohibits retaliation against federal employees who resist or prevent actions taken by Elon Musk, or those under his direction, against federal agencies that are deemed unlawful or unconstitutional. This law is specifically focused on protecting federal workers from any backlash for actions taken on or after the bill's enactment date, as outlined in SEC. 2.

Pushback Protection

This bill is all about shielding federal employees who stand up to Elon Musk. If a federal worker believes Musk or his entities are doing something illegal or unconstitutional against a federal agency, they're protected from retaliation if they try to stop it. This could range from refusing to comply with directives to actively working to circumvent those actions. For example, if a federal employee at a regulatory agency believes a directive influenced by Musk would illegally weaken environmental protections, they could resist implementing it without fear of losing their job or facing other penalties, provided their resistance is based on a reasonable belief that the action is unlawful or unconstitutional.

Real-World Rollout

Imagine a scenario where a federal agency is pressured to approve a permit for a new project linked to Musk, and an employee believes the approval process is being improperly rushed due to his influence, violating established procedures. Under this law, that employee could potentially refuse to sign off on the permit, citing the "Stop Musk Act" as protection against any resulting disciplinary action. Or, consider a federal IT worker who believes that data requests from one of Musk's companies are overreaching and potentially violate privacy laws. That worker could resist handing over the data, shielded by this new legislation. The law specifies that these protections kick in from the date of enactment, meaning any alleged retaliation happening after the bill becomes law would be covered (SEC. 2).

The Accountability Angle & Potential Challenges

While the bill aims to protect federal employees, the terms "unlawful" and "unconstitutional" can be open to interpretation. This could lead to situations where an employee's resistance, while protected under this law, is based on a misunderstanding of the legality of Musk's, or his organization's, actions. Further, it could create a chilling effect, where legitimate interactions between Musk's companies and federal agencies are hampered by fear of triggering the law's protections, even if those interactions are entirely lawful. It's also worth noting that the bill's focus on a single individual is unusual in federal legislation and raises questions about the broader implications of targeting specific private citizens in law. The bill is not about a specific type of unlawful or unconstitutional action, but rather any such action connected to a named individual, which is a pretty broad mandate.