EO 14158: Establishing And Implementing The President’s “Department Of Government Efficiency”

Executive Orders

TLDR

This executive order reorganizes federal tech infrastructure under the “DOGE Agenda,” renaming USDS (now under White House control), creating an 18-month task force, requiring agency DOGE teams, and mandating software modernization - though it faces potential timeline, legal, and funding challenges.

Executive Order 14158 establishes a rapid reorganization of federal technology infrastructure under the “DOGE Agenda” with several structural and operational changes:

Core Components

  1. Rebranding of USDS: The United States Digital Service is renamed the United States DOGE Service (USDS) and placed under White House oversight via a new Administrator reporting to the Chief of Staff.
  2. Temporary Task Force: Creates an 18-month “U.S. DOGE Service Temporary Organization” (terminating July 4, 2026) to execute the agenda.
  3. Mandatory Agency Teams: Requires all federal agencies to establish four-person DOGE Teams (engineer, HR specialist, attorney, lead) within 30 days.

Key Modernization Requirements

  • Centralized software modernization initiative for interoperability and data synchronization
  • Full agency compliance with USDS access demands for unclassified systems
  • Explicit override of prior executive orders conflicting with these provisions

Critical Considerations

  1. Timeline Feasibility: The 30-day mandate for staffing DOGE Teams conflicts with federal hiring processes that typically take 80+ days for technical roles.
  2. Temporary Structure Risks: An 18-month timeline for complex IT modernization contradicts GAO findings that federal tech overhauls require 3-5 year cycles.
  3. Access Authority: Section 4(b) grants USDS unprecedented access to agency systems without defining oversight mechanisms, creating potential FISMA compliance conflicts.
  4. Legal Conflicts: Section 4©'s blanket override of prior orders could violate 44 U.S.C. § 3505(b) requirements for OMB coordination on federal IT policy.
  5. Funding Ambiguity: No dedicated appropriations are specified despite requiring agencies to redirect staff/resources.

The order centralizes federal IT authority under White House control while implementing aggressive timelines that may strain existing statutory frameworks and operational realities.

REFERENCES

ACTIONS

LITIGATION

  • 2025-01-20: 1:25-cv-00164 - Public Citizen, State Democracy Defenders Fund, and the American Federation of Government Employees sued President Trump and the OMB to esure the Department of Government Efficiency complies with the Federal Advisory Committee Act.
  • 1:25-cv-00167 - 2025-01-20: The American Public Health Association, American Federation of Teachers, Minority Veterans of America, VoteVets Action Fund, Center for Auto Safety, and Citizens for Responsibility and Ethics in Washington sued OMB and DOGE for vioaltions of the Federal Advisory Committee Act.
  • 2025-01-20: 1:25-cv-00165 - The Center for Biological Diversity sued OMB to compel it to release records of its communitcations with the Department of Government Efficiency under the Freedom of Information Act.
  • 2025-02-05: 1:25-cv-00339 - Multiple federal government employee unions, represented by Democracy Forward, sued the Department of Labor, U.S. Digital Service (U.S. DOGE Service), and U.S. DOGE Service Temporary Organization over DOGE’s expected attempt to access “highly sensitive data” at the Department of Labor.
  • 2025-02-07: 1:25-cv-01144 - The attorneys general of New York, Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, North Carolina, Oregon, Rhode Island, Vermont, and Wisconsin sued President Trump, the Treasury Department, and Treasury Secretary Bessent over DOGE’s access to the Department of Treasury. Plaintiffs are requesting the court grant a temporary restraining order and preliminary and permanent injunctions preventing non-Treasury employees from haining access to to any Treasury Department payment systems or data systems at Treasury.
  • 1:25-cv-00313 - The Alliance for Retired Americans, the American Federation of Government Employees, and the Service Employees International Union, represented by Public Citizen Litigation Group, sued the Treasury Department over the Department of Government Efficiency gaining access to confidential data within the department.
  • 1:25-cv-00354 - The University of California Student Association, represented by Public Citizen and the National Student Legal Defense Network, sued Acting Education Secretary Denise Carter and the Department of Education over its disclosure of “sensitive personal and financial information” to DOGE. The plaintiffs allege this disclosure violates the Administrative Procedures Act and requests that the court prevent DOGE from accessing those records.

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.

© 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.

© 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.

© 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.