(NewsNation) — The new Department of Government Efficiency (DOGE) created under President Donald Trump has reportedly gained access to sensitive and classified data, leading to questions surrounding what the nongovernment task force can and will do.

What is DOGE? 

Under an executive order, Trump created a nongovernment agency called DOGE that he said would “slash excess regulations, cut wasteful expenditures” and restructure federal agencies. 

On his first day, Trump renamed the “U.S. Digital Service” as the “U.S. DOGE Service.” It further directed that DOGE be established within the Executive Office of the President.

Making the new entity part of the government could allow it to more easily access information across agencies. It can also potentially do much of its work behind closed doors, even as some regulations on governmental disclosure will persist.

Trump originally tapped tech billionaire Elon Musk and Republican presidential candidate Vivek Ramaswamy to co-lead DOGE after his reelection last year. 

Since then, Ramaswamy left DOGE. 

What is Elon Musk’s role in DOGE? 

Musk is the sole head of DOGE after Ramaswamy, who is planning to run for Ohio governor in two years, left. The new administration hasn’t yet said if Musk will formally join the government as part of his work on DOGE.

Musk had pledged to cut $2 trillion in government spending and restructure federal agencies with “mass headcount reductions across the federal bureaucracy.”

The idea for DOGE also appeared to have come from Musk, who discussed the need for a “government efficiency commission” while campaigning alongside Trump.

While it’s not completely clear what Musk has in store for DOGE, he has provided some clues. 

“Incentives matter. There should be rewards for wise spending, but those who waste taxpayer funds cannot be allowed to keep doing so without consequences,” Musk posted on X of DOGE in November,  hinting that cuts will be imminent under his guidance. 

FILE – President-elect Donald Trump listens to Elon Musk as he arrives to watch SpaceX’s mega rocket Starship lift off for a test flight from Starbase in Boca Chica, Texas, Nov. 19, 2024. (Brandon Bell/Pool via AP, File)

What are the limits of DOGE? 

Because DOGE is not an actual government agency, its power will be limited. 

While it can make recommendations on budget cuts, it can’t actually do that without congressional approval. 

“They don’t have any authorities,” Douglas Holtz-Eakin, a former head of the Congressional Budget Office who’s president of the American Action Forum, told Politico. “On my most cynical days, I think they’re just a think tank, and I run a think tank. I know how little power I have.”

While Trump may be eager to carry out DOGE’s agenda, he will also need to work through Congress on the budgets as it makes decisions on federal funds. 

“Because of DOGE’s inability to implement policy on its own, the leaders’ plan relies heavily on the president-elect who invited them to serve,” reported The Atlantic. 

However, Trump’s pick to run the Office of Management and Budget, Russell Vought, has argued that Trump has the power of impoundment, the authority to refuse to spend funds appropriated by Congress. 

The impoundment argument will likely be challenged in court, the outlet writes, but if the courts rule in Trump’s favor, DOGE may get the power it seeks.

What has DOGE done so far?  

DOGE has already gained access to sensitive data from at least two government agencies.

The task force got access to sensitive Treasury data, including Social Security and Medicare customer payment systems, on Friday, The Associated Press reported. 

The news came after Treasury acting Deputy Secretary David Lebryk resigned from his position after more than 30 years of service. Lebryk resigned his position after Musk and his DOGE organization requested access to sensitive Treasury data.

Musk on Saturday responded to a post on his social media platform X about the departure of Lebryk: “The @DOGE team discovered, among other things, that payment approval officers at Treasury were instructed always to approve payments, even to known fraudulent or terrorist groups. They literally never denied a payment in their entire career. Not even once.”

He did not provide proof of this claim.

DOGE has also gained access to classified information with the U.S. Agency for International Development (USAID).

Two top security chiefs at USAID are on leave after they refused to turn over classified material in restricted areas to Musk’s government inspection teams, a current and a former U.S. official told The Associated Press on Sunday.

DOGE eventually gained access Saturday to the aid agency’s classified information, which includes intelligence reports, the former official said.

Musk’s DOGE crew lacked high enough security clearance to access that information, so the two USAID security officials — John Voorhees and deputy Brian McGill — believed themselves legally obligated to deny access.

Lawsuits DOGE is facing 

DOGE was slapped with several lawsuits on Trump’s first day in office from groups saying the new nongovernment entity must abide by the same transparency as federal agencies. 

The suits were brought by progressive consumer watchdog Public Citizen, the American Public Health Association and National Security Counselors, a public interest law firm. 

The groups argue that DOGE should be considered a federal advisory committee, which falls under regulations under the Federal Advisory Committee Act of 1972.

The plaintiffs all argue that DOGE is covered by FACA, which mandates that federal advisory committees meet transparency requirements, such as having a charter, fairly balanced membership and a designated federal officer to call meetings.  

“The suit challenges DOGE’s operating without complying with federal transparency laws,” the groups said in a statement. 

“DOGE’s stacked membership, far from being fairly balanced, reveals that only one viewpoint is represented: that of ‘small-government crusaders’ with backgrounds in either the tech industry or Republican politics. This shortcoming renders DOGE’s membership imbalanced and unfit for the function it has been directed to perform,” the National Security Counselors’ lawsuit states. 

The Associated Press contributed to this story.