DOGE administrator is named – and it’s not Musk. How this ‘department’ works.

Elon Musk’s waste-slashing initiative has pushed the operations of the federal government into the spotlight in a way that hasn’t been seen in modern history.

The entity called the Department of Government Efficiency has moved rapidly from an idea Mr. Musk pitched to Donald Trump while he was campaigning last summer to an aggressive reality of the second Trump term. The president has empowered DOGE to access government databases, initiate layoffs, and halt diversity, equity, and inclusion programs.

The effort faces some speed bumps as it barrels forward: Several federal agencies directed their staff not to reply to an email requesting a list of weekly accomplishments by Monday night, even after Mr. Musk said on social media that failure to respond would be taken as a resignation. On Tuesday, some DOGE employees quit in protest of the unit’s actions. Courts have also blocked DOGE’s access to sensitive records at the Education and Treasury departments.

And, while not denying the guiding hand of Mr. Musk, the White House Tuesday announced who is serving as acting administrator of DOGE: Amy Gleason, whose background includes work for the U.S. Digital Service during the first Trump administration.

These actions have stirred up debate around topics that don’t usually make everyday conversation: What are hiring rules for the civil service? Where does agency authority come from? Arcane government laws are suddenly front and center as Mr. Trump and Mr. Musk attempt a dramatic reshaping of the federal government.

“These are some of the wonkiest questions that really experts in government and policy would only know,” says Roger Nober, director of the Regulatory Studies Center at George Washington University. But “Now these are everyday, banner-headline matters.”

Even DOGE’s name creates confusion – the Department of Government Efficiency is not really a “department” at all. (The name allows for an acronym that sounds like a cryptocurrency that Mr. Musk has been a fan of.) But what exactly is it? Here’s a look at how federal agencies and departments work, and how DOGE fits in.

How are agencies created?

The United States has more than 400 federal agencies. Fifteen of those are Cabinet departments, like the Department of State. The rest are a scattering of organizations that administer various government activities.

Some of these agencies are nested within Cabinet departments. For example, the FBI functions under the Department of Justice. Others are independent, meaning they’re still part of the executive branch, but are intended by Congress to be freer from presidential control.

Typically, Congress creates government agencies. Article 1 of the Constitution gives Congress power to “make all Laws which shall be necessary and proper” for carrying out the powers that it’s granted by the Constitution. Since the days of the Founding Fathers, courts have interpreted that phrase to mean that it’s Congress’ role to pass laws that put federal agencies into place.

However, it’s the president’s job to make sure laws are “faithfully executed.” Presidents get to select the heads of agencies, with the caveat that top leadership positions must be approved by the Senate – a compromise that dates back to the Constitutional Convention. The president can also make changes in the day-to-day operations of an agency, such as creating new offices or eliminating specific divisions.

“The president has great latitude to create his own staff and the structure of his advisers,” says Mr. Nober.

Is DOGE a government agency?

Many people expected that Mr. Trump would create DOGE as an outside advisory body. Instead, he signed an executive order to rename an existing organization, the U.S. Digital Service, as the U.S. DOGE Service.

The U.S. Digital Service was established within the Executive Office of the President in 2014 after the Obama administration’s failed HealthCare.gov launch. Its goal was to create better user experiences through modern technology. According to the wording of Mr. Trump’s executive order, the mission of the newly renamed service is, “modernizing Federal technology and software to maximize governmental efficiency and productivity.”

Within the new U.S. DOGE Service, Mr. Trump established the DOGE Service Temporary Organization – which is the effort that Mr. Musk has touted. Its role is to “be dedicated to advancing the President’s 18-month DOGE agenda.” The temporary organization will expire July 4, 2026, the date Mr. Musk had previously advertised, but the overall U.S. DOGE Service will stay in place.

On Tuesday, 21 employees who worked for the original Digital Service office resigned, according to The Associated Press. “We will not lend our expertise to carry out or legitimize DOGE’s actions,” the employees wrote in a letter to White House chief of staff Susie Wiles.

Additionally, Mr. Trump’s order called for “DOGE teams” to operate within every government agency. The teams must consist of at least four employees and include a team lead, engineer, human resources specialist, and attorney. The teams are appointed by agency heads and the U.S. DOGE Service administrator, and will ostensibly work with the agencies to manage waste. An executive order Feb. 11 gave DOGE teams additional authority to create hiring plans.

Is DOGE operating like a normal federal agency?

DOGE has been acting with an unprecedented degree of authority. It has accessed sensitive government data and been given veto power over hiring decisions.

Many of DOGE’s operations have been shrouded in mystery, including the people who have lead roles. Mr. Musk's influence is evident, yet many had assumed until recently that he was officially in charge, since Mr. Trump has previously said Mr. Musk would “lead” the department.

But in a recent court document, a top White House official revealed that Mr. Musk is not DOGE’s administrator. In fact, he’s not even a DOGE employee. Instead, Mr. Musk is a “special government employee” – essentially a part-time federal employee – and an adviser to the president. Now Ms. Gleason has been publicly named – more than a month since DOGE was launched – as acting administrator.

Mr. Musk has taken credit for most of DOGE’s actions. “We spent the weekend feeding USAID into the wood chipper,” he said in a social media post.

Most government agencies are also subject to certain transparency requirements. But it’s unclear if those will apply to this initiative. For example, the Freedom of Information Act gives the public the right to request records from federal agencies. But DOGE could have a loophole. There’s a rule saying that agencies within the Executive Office of the President are exempt from FOIA if their “sole function is to advise and assist the President.” The White House might try to argue that DOGE falls into this category, further shielding it from scrutiny.

DOGE is already facing at least 20 lawsuits, according to a New York Times tracker. Many allege privacy violations, given DOGE employees’ access to federal databases. Others highlight constitutional concerns like the separation of powers between the branches of government.

Among the U.S. public, reaction to DOGE is mixed. A recent poll found that 60% of voters think it is helping to make major cuts in government spending. A similar figure, 58% of voters, also say DOGE employees should not have access to sensitive records like Americans’ names, Social Security numbers, and addresses.

What are the constitutional questions around DOGE?

Earlier this month, 14 states filed a lawsuit against DOGE calling Mr. Musk’s actions unconstitutional. They say the fact that Mr. Musk seems to be wielding great individual authority, despite not having been confirmed by Congress, violates a part of the Constitution called the appointments clause.

“President Trump has delegated virtually unchecked authority to Mr. Musk without proper legal authorization from Congress and without meaningful supervision of his activities,” the lawsuit reads. “The sweeping authority now vested in a single unelected and unconfirmed individual is antithetical to the nation’s entire constitutional structure.”

A district judge in Washington temporarily paused the lawsuit last week, saying the states didn’t prove that immediate, irreparable harm would come from DOGE’s efforts. The judge expressed hesitation about Mr. Musk’s role, however.

So, is DOGE’s activity inherently unconstitutional? The answer may depend on where its authority is vested. The White House has not made it clear which individual has final decision-making authority at DOGE.

Thomas Berry, a constitutional scholar at the Cato Institute, says there might not necessarily be a constitutional problem if the department heads are making the ultimate calls. That’s because department heads are already confirmed by Congress. But if it’s Mr. Musk who gets to decide whether to fire officers or to cut spending at agencies, that would be a problem.

“Bypassing that entirely – having someone with significant authority who hasn’t been Senate-confirmed ... means you’ve lost that security check that the framers thought was crucial to the system,” he says.