Swalwell Act

Legislative Summary: HR 8300 – The Swalwell Act

Overview

The Stopping Wasteful Allowances for Lawmaker Wrongdoing and Ensuring Legal Liability Act, also known as the Swalwell Act, is a legislative proposal designed to eliminate the use of public funds to settle workplace misconduct claims involving high-ranking congressional officials. The bill shifts the financial burden of such settlements from the taxpayer to the individual wrongdoer and increases transparency regarding misconduct allegations in the House and Senate.

Main Purpose and Intent

The primary intent of this bill is to ensure that Members of Congress and senior staff are personally and financially accountable for workplace misconduct. By prohibiting the use of Treasury funds and campaign funds for settlements, the Act aims to deter harassment, discrimination, and retaliation within congressional offices.

Key Provisions

Financial Accountability and Liability

• Ban on Public Funding: The bill explicitly prohibits the use of any U.S. Treasury funds to pay settlements, awards, or judgments resulting from workplace misconduct.
• Personal Responsibility: Any Member of Congress or senior staff found liable for misconduct must pay the full amount of the settlement or award personally.
• Reimbursement Prohibited: Individuals are forbidden from being reimbursed for these payments using either federal funds or campaign funds.
• Perjury Certification: Individuals must certify under penalty of perjury that no public funds were used to settle their claims.

Transparency and Public Disclosure

• Public Database: The Clerk of the House and the Secretary of the Senate must maintain a searchable database of settlements. This database will include the name of the official, the settlement amount, the date, and the general nature of the claim.
• Retroactive Disclosure: Within 180 days of enactment, the government must publish a list of all workplace misconduct settlements paid with public funds dating back to January 1, 1995.
• Victim Privacy: The bill strictly prohibits the disclosure of personally identifiable information regarding victims or complainants in these databases.

Criminal Referrals and Enforcement

• Mandatory DOJ Referrals: Any allegations that may constitute a federal crime must be promptly referred to the Department of Justice (DOJ).
• Removal of Barriers: Nondisclosure agreements (NDAs) or internal congressional processes cannot be used to block or delay a criminal referral.
• Penalties for Non-Compliance: Individuals who violate the Act face a civil penalty of at least 200% of the improperly paid amount and possible disciplinary action from Ethics Committees.

Who is Affected?

• Members of Congress: Includes all Representatives, Senators, Delegates, and Resident Commissioners.
• Senior Staff: Any House or Senate staff member required to file financial disclosure reports under U.S. Code.
• Victims of Misconduct: The bill protects their identity while ensuring their right to pursue compensation is not limited.

Procedural Timeline and Scope

• Effective Date: The Act takes effect immediately upon enactment and applies to any claim pending on or after that date.
• Disclosure Deadline: New settlements must be added to the public database within 30 days of resolution.
• Status: As of April 15, 2026, the bill has been introduced and referred to the House Committee on House Administration.