PolicyBrief
H.R. 2857
119th CongressApr 10th 2025
Drain the Swamp Act
IN COMMITTEE

This act codifies Executive Order 13989 into federal law, making its directives permanent statutory requirements.

Ro Khanna
D

Ro Khanna

Representative

CA-17

LEGISLATION

Drain the Swamp Act Locks Existing Executive Order Into Permanent Federal Law

The “Drain the Swamp Act” is kicking off with a legislative move that’s more about procedure than new policy. Section 2 of the Act takes an existing presidential directive, Executive Order 13989, and converts it into permanent federal law. Essentially, this bill is taking something that was temporary and making it statutory, meaning it’s now locked in for the long haul.

The Legislative Lock-In

Think of an Executive Order (EO) like a temporary company policy set by the CEO. A future CEO could easily scrap it with a new memo. That’s what this Act changes for EO 13989. By codifying it, the EO goes from being a presidential directive to a statute passed by Congress (Sec. 2). This elevates its status significantly; it can no longer be undone by the next administration with the stroke of a pen. To change or repeal it now requires Congress to pass a whole new law, which is a much higher hurdle.

What This Means for Everyday Life

Since the text of the bill only tells us that EO 13989 is being codified, and not what the order actually says, the real-world impact is currently a black box. However, the procedural change itself has clear consequences. For those who benefit from the rules and requirements set out in EO 13989—whether it involves federal hiring practices, regulatory standards, or anything else—this bill provides stability. The policy you rely on today won’t be immediately reversed by a future administration with different priorities.

The Trade-Off: Stability vs. Flexibility

This kind of legislative lock-in provides stability, which is often good for planning and predictability. If you’re a business or an agency that has spent time and money complying with this EO, knowing it’s permanent is helpful. However, it also means that if the EO contains provisions that are costly, complicated, or just plain inefficient, they are now much harder to fix. Future presidents who might see a better way to do things will be blocked unless they can get Congress to act. This shifts power and permanence away from the executive branch and firmly into the legislative branch regarding the substance of EO 13989.