MOUNTAIN VIEW, Calif. — Top Democrats on two congressional committees are raising concerns about conflicts of interest between a government organization led by Elon Musk and two agencies he does business with.
Sen. Maria Cantwell (D-Wash.), ranking member of the Senate Commerce Committee, sent a letter Feb. 6 to Secretary of Transportation Sean Duffy after Duffy announced on social media Feb. 5 that he had contacted the Department of Government Efficiency (DOGE) and that they “are going to plug in to help upgrade our aviation system.”
DOGE is not a government department but instead a rebranding of the U.S. Digital Service, which had provided technology support for government agencies. DOGE is an initiative spearheaded by Musk, who came up with the name prior to the election, with the stated intent to “to maximize governmental efficiency and productivity,” according to the Jan. 20 executive order that established DOGE.
The implementation of DOGE has generated significant controversy amid reports that personnel affiliated with DOGE sought access to critical payment systems at the Treasury Department and classified information at the United States Agency for International Development. DOGE personnel have also been assigned to other agencies, including the National Oceanic and Atmospheric Administration.
Cantwell, in her letter to Duffy, cited potential conflicts of interest regarding any DOGE work at the Federal Aviation Administration as that agency licenses launches by SpaceX. “Elon Musk’s SpaceX rocket launches share the airspace with commercial airplanes, and the FAA has the responsibility for keeping the entire airspace safe,” she wrote.
Cantwell also cited a fine levied against SpaceX by the FAA in September 2024 for violations of its launch licenses on two launches in 2023. SpaceX, in turn, criticized the FAA for “systemic challenges” in its commercial space transportation office, while Musk called for the removal of then-FAA Administrator Mike Whitaker, who had defended the fines. Whitaker elected to resign at the end of the Biden administration, even though he had nearly four years left in a fixed five-year term.
“We have ethics and recusal laws for a reason—to prevent corporate interference in protecting the public interest,” Cantwell wrote. “Secretary Duffy, you must make sure that all conflicts of interest between the FAA and Elon Musk are removed.”
Cantwell’s letter came the same day as Reps. Zoe Lofgren (D-Calif.) and Valerie Foushee (D-N.C.), sent their own letter to NASA Acting Administrator Janet Petro describing their “grave concern” about any work DOGE may be doing at the space agency. Lofrgen is the ranking member of the House Science Committee while Foushee is ranking member of that committee’s space subcommittee.
Lofgren and Foushee cited various reports about DOGE activities at agencies, which they claimed showed “recklessness and contempt” and were potentially illegal. “But the risk to NASA is unique in certain respects, largely due to the vast conflicts-of-interest that the leader of DOGE, Elon Musk, has with NASA.”
They said they were concerned that Musk, through DOGE, could access classified or proprietary data, including information about companies that compete against SpaceX for NASA contracts. “The possibility that such proprietary data could be obtained by the CEO of SpaceX without regard to NASA procurement rules and regulations risks compromising the integrity of NASA procurement decisions in the future,” they wrote.
The members asked Petro to provide any information about attempts by DOGE to access NASA systems or communications with NASA personnel to obtain classified or other sensitive data. They also asked Petro to “pledge to protect such data, information, or systems from any and all access that would violate any and all NASA policies and procedures, federal laws and regulations, and official protocols.”
Lofgren and Foushee asked Petro to provide those details by the end of the day Feb. 13. “Any delay or lack of transparency on the part of the agency is unacceptable,” they wrote.
Musk’s official role in DOGE is unclear. The White House has identified Musk as a “special government employee,” a part-time position often used for members of advisory committees. Such employees have some ethics and financial disclosure requirements that differ from regular employees.
The White House also stated that it will defer to Musk to identify any conflicts of interest. “If Elon Musk comes across a conflict of interest with the contracts and the funding that DOGE is overseeing, then Elon will excuse himself from those contracts,” White House press secretary Karoline Leavitt said at a Feb. 5 briefing. “He has, again, abided by all applicable laws.”
