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

This bill codifies an executive order to reinforce ethics commitments by government employees.

Ro Khanna
D

Ro Khanna

Representative

CA-17

LEGISLATION

'Drain the Swamp Act' Looks to Turn Executive Order 13989 into Permanent Law

This bill, called the "Drain the Swamp Act," has a straightforward goal: take Executive Order 13989, an order issued by the President, and give it the full weight and permanence of a federal law passed by Congress. Essentially, it aims to lock in the policies outlined in that specific executive order, making them much harder to change in the future.

From Pen Stroke to Permanent Ink?

Normally, Executive Orders (EOs) are directives from the President to federal agencies. They carry the force of law, but a future President can often modify or revoke them with their own EO. Think of it like a CEO setting a company policy – powerful, but the next CEO might change it. This bill wants to take EO 13989 out of that temporary category. By "codifying" it, Section 2 of the bill aims to make its contents as durable as any statute passed through the full legislative process in Congress, meaning it would take another act of Congress to undo it.

The Million-Dollar Question: What's in EO 13989?

Here’s the catch: this bill, as written, only references Executive Order 13989 in Section 2. It doesn't spell out what policies are actually in that order. So, figuring out the real-world impact – who benefits, who pays, what changes for you or your job – is impossible without knowing the specifics of EO 13989. The entire substance of this proposed law hinges on the content of that separate document, making its practical effects entirely unclear at this stage.

Why This Route Matters

This approach raises questions about the usual lawmaking process. Typically, Congress debates, amends, and votes on the details of legislation. Codifying an existing EO essentially imports a pre-written set of rules into the statute books. While it could make existing policies permanent, it does so based on an order that didn't necessarily go through that same level of public legislative scrutiny when it was first created. It potentially shifts the balance, making policy more reliant on executive action rather than congressional deliberation, and reduces the ability of future administrations or Congress to easily revisit or adjust those policies.