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Establishing And Implementing The President’s “Department Of Government Efficiency”

Published on January 20, 2025

Summary

This Executive Order establishes the Department of Government Efficiency (DOGE) by reorganizing the United States Digital Service into the US DOGE Service, creating a temporary organization within the Executive Office of the President that will terminate on July 4, 2026. The order mandates that all federal agencies create DOGE teams and grants USDS broad access to agencies' unclassified records, software systems, and IT infrastructure, ostensibly to modernize and improve government technology efficiency.

Analysis

The order's structure suggests a concerning power consolidation under the Executive branch, masked as a technological modernization initiative. By placing the USDS directly under White House control and granting it sweeping access to agency systems while simultaneously displacing prior executive orders that might limit such access, the order creates a centralized authority with unprecedented access to government data and systems. The temporary nature of the organization, combined with its broad mandate and authority, could enable rapid and irreversible changes to federal information systems before oversight mechanisms can respond effectively.

Conclusion

While presented as a technological modernization effort, this Executive Order effectively creates a powerful new entity with expansive access to federal information systems and minimal oversight. The combination of broad authority, centralized control, and a self-imposed deadline suggests this could be a mechanism for rapidly implementing systemic changes to federal information infrastructure that would be difficult to reverse once the temporary organization dissolves.

Full Content

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered: Section 1.  Purpose.  This Executive Order establishes the Department of Government Efficiency to implement the President’s DOGE Agenda, by modernizing Federal technology and software to maximize governmental efficiency and productivity. Sec. 2.  Definitions.  As used in this order: (a)  “Agency” has the meaning given to it in section 551 of title 5, United States Code, except that such term does not include the Executive Office of the President or any components thereof. (b)  “Agency Head” means the highest-ranking official of an agency, such as the Secretary, Administrator, Chairman, or Director, unless otherwise specified in this order. Sec. 3.  DOGE Structure.  (a)  Reorganization and Renaming of the United States Digital Service.  The United States Digital Service is hereby publicly renamed as the United States DOGE Service (USDS) and shall be established in the Executive Office of the President. (b)  Establishment of a Temporary Organization.  There shall be a USDS Administrator established in the Executive Office of the President who shall report to the White House Chief of Staff. There is further established within USDS, in accordance with section 3161 of title 5, United States Code, a temporary organization known as “the U.S. DOGE Service Temporary Organization”.  The U.S. DOGE Service Temporary Organization shall be headed by the USDS Administrator and shall be dedicated to advancing the President’s 18-month DOGE agenda.  The U.S. DOGE Service Temporary Organization shall terminate on July 4, 2026. The termination of the U.S. DOGE Service Temporary Organization shall not be interpreted to imply the termination, attenuation, or amendment of any other authority or provision of this order. (c)  DOGE Teams.  In consultation with USDS, each Agency Head shall establish within their respective Agencies a DOGE Team of at least four employees, which may include Special Government Employees, hired or assigned within thirty days of the date of this Order. Agency Heads shall select the DOGE Team members in consultation with the USDS Administrator.  Each DOGE Team will typically include one DOGE Team Lead, one engineer, one human resources specialist, and one attorney.  Agency Heads shall ensure that DOGE Team Leads coordinate their work with USDS and advise their respective Agency Heads on implementing the President ‘s DOGE Agenda. Sec. 4.  Modernizing Federal Technology and Software to Maximize Efficiency and Productivity.  (a)  The USDS Administrator shall commence a Software Modernization Initiative to improve the quality and efficiency of government-wide software, network infrastructure, and information technology (IT) systems.  Among other things, the USDS Administrator shall work with Agency Heads to promote inter-operability between agency networks and systems, ensure data integrity, and facilitate responsible data collection and synchronization. (b)  Agency Heads shall take all necessary steps, in coordination with the USDS Administrator and to the maximum extent consistent with law, to ensure USDS has full and prompt access to all unclassified agency records, software systems, and IT systems.  USDS shall adhere to rigorous data protection standards. (c)  This Executive Order displaces all prior executive orders and regulations, insofar as they are subject to direct presidential amendment, that might serve as a barrier to providing USDS access to agency records and systems as described above. Sec. 5.  General Provisions.  (a)  Nothing in this order shall be construed to impair or otherwise affect: (i)   the authority granted by law to an executive department or agency, or the head thereof; or (ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b)  This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c)  This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE,       January 20, 2025.