Drain the Swamp Act
- Bill Number
- H.R. 2857
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Government Operations and Politics
- Status
- Introduced
- Latest Action
- 2025-04-10: Referred to the House Committee on Oversight and Government Reform.
- Last Updated
- 2025-05-22T20:55:30Z
AI-Generated Summary
Purpose
The "Drain the Swamp Act" (H.R. 2857) aims to make permanent the ethics requirements outlined in Executive Order 13989, which was issued in 2021. This order sets standards for executive branch employees to prevent conflicts of interest and promote ethical conduct. By turning the order into law, the bill ensures these rules cannot be easily changed by future presidents through executive action alone.
Key Provisions
- Codification of Executive Order 13989: The bill declares that Executive Order 13989 (published in the Federal Register on January 25, 2021) has the full force and effect of law. This order requires senior executive branch appointees to sign ethics pledges, including commitments to:
- Avoid participating in matters involving former employers or clients for a set period (typically two years).
- Not accept gifts or compensation from certain sources that could create conflicts.
- Disclose financial information to identify potential ethical issues.
- Refrain from lobbying the U.S. government on behalf of foreign entities or in certain roles after leaving office.
- Short Title: The legislation is titled the "Drain the Swamp Act," referencing efforts to reduce corruption and undue influence in government.
Significant Changes to Existing Law
- Executive orders are temporary directives from the president that can be revoked or modified by subsequent administrations. This bill transforms Executive Order 13989 into statutory law, making it part of the U.S. Code and requiring congressional action to alter or repeal it.
- It builds on existing federal ethics laws (like the Ethics in Government Act of 1978) by embedding these specific modern pledges directly into statute, potentially closing gaps in how ethics rules are enforced across administrations.
Potential Impacts
- On Government Agencies: Federal agencies, particularly those in the executive branch (e.g., the Office of Government Ethics), would gain a stronger legal foundation for enforcing ethics rules, leading to more consistent oversight of appointees and employees. This could increase administrative burdens for vetting and compliance but reduce risks of scandals.
- On Citizens: U.S. citizens and taxpayers may benefit from greater transparency and accountability in government, potentially restoring public trust by limiting influence from private interests or foreign entities. However, it does not directly affect individual citizens' rights or daily lives.
- On International Relations: Indirectly positive, as stronger domestic ethics rules could enhance the U.S. government's credibility abroad by demonstrating commitment to anti-corruption standards, though no specific international provisions are included.
Main Stakeholders Affected
- Executive Branch Personnel: Senior appointees, political staff, and career employees in federal agencies, who must comply with the ethics pledges.
- Oversight Bodies: The Office of Government Ethics, congressional committees (e.g., House Oversight and Accountability Committee), and inspectors general, who enforce and monitor these rules.
- Advocacy Groups and the Public: Ethics watchdogs, lobbyists, and former government officials, as the rules limit post-employment activities and financial influences.
- Sponsors and Congress: Introduced by Representatives Ro Khanna, Rashida Tlaib, and Summer Lee, it targets bipartisan concerns about government integrity.
Notable Legal, Constitutional, or Political Implications
- Legal: Provides a statutory basis for ethics enforcement, making violations potentially subject to civil or criminal penalties under broader federal law. It aligns with constitutional principles of good governance under Article II (executive powers) without infringing on separation of powers.
- Constitutional: Reinforces the president's authority to set internal executive rules while ensuring Congress's role in legislating enduring standards, avoiding overreach by the executive branch.
- Political: The "Drain the Swamp" title evokes anti-corruption rhetoric, signaling a push for reform amid partisan debates on government ethics. As a codification bill, it could face challenges in a divided Congress but sets a precedent for insulating executive policies from political shifts. No direct challenges to individual rights (e.g., free speech) are evident, though it may limit certain professional activities for former officials.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (3)
Rep. Tlaib, Rashida [D-MI-12], Rep. Lee, Summer L. [D-PA-12], Rep. Subramanyam, Suhas [D-VA-10]
Recent Actions
- 2025-04-10: Referred to the House Committee on Oversight and Government Reform.
- 2025-04-10: Introduced in House
- 2025-04-10: Introduced in House
Bill Versions
- Drain the Swamp Act — issued 2025-04-10 — PDF (1 pages)