Swalwell Act

Bill Number

H.R. 8300

Origin Chamber

House

Congress

119th Congress, Session 2

Policy Area

Congress

Status

Introduced

Latest Action

2026-04-15: Referred to the House Committee on House Administration.

Last Updated

2026-05-20T08:08:31Z

AI-Generated Summary

Purpose

The Swalwell Act (H.R. 8300) aims to stop the use of taxpayer money for settling workplace misconduct claims against Members of Congress or senior congressional staff, hold them personally financially responsible, increase transparency about such settlements while protecting victims' privacy, and require referral of potential crimes to the Department of Justice (DOJ).

Key Provisions

• Ban on Taxpayer Funds (Sec. 2): Prohibits any federal funds from being used for settlements, awards, or judgments related to workplace misconduct, defined as discrimination, harassment, retaliation, or violations of employment/civil rights laws.
• Personal Financial Responsibility (Sec. 3): Members of Congress and senior staff must pay any settlement or award out of pocket; no reimbursement allowed from federal or campaign funds; requires certification under penalty of perjury that no public funds were used.
• Public Database (Sec. 4): Clerks of the House and Secretary of the Senate must create and maintain a searchable online database listing the offender's name, settlement amount, resolution date, and general claim nature—excluding any victim-identifying information. Disclosures due within 30 days.
• Retroactive Transparency (Sec. 5): Within 180 days of enactment, disclose all publicly funded settlements since January 1, 1995, with victim privacy protected.
• Criminal Referrals (Sec. 6): Ethics offices or the Office of Congressional Workplace Rights must promptly refer potential federal crimes to DOJ; no settlement, nondisclosure agreement, or internal process can block this.
• Penalties and Enforcement (Sec. 7): Violators face civil penalties of at least 200% of misused funds, ethics committee referral, and lawsuits by the Attorney General.
• Definitions (Sec. 8): "Member of Congress" includes Delegates and Resident Commissioners; "senior staff" are those required to file financial disclosure reports.
• Protections (Sec. 9): Preserves victims' rights to sue or get compensation; no forced disclosure of victim identities without consent.
• Effective Date (Sec. 10): Applies immediately upon enactment, including to pending claims.

Significant Changes to Existing Law

• Ends use of taxpayer funds for these settlements (previously permitted in some cases).
• Introduces personal liability and bans reimbursements, shifting costs to individuals.
• Mandates public disclosure of current and historical settlements (retroactive to 1995), which were often confidential.
• Requires automatic criminal referrals to DOJ, overriding nondisclosure agreements.

Potential Impacts

• Government Agencies: House/Senate clerks and ethics committees gain new duties (database maintenance, referrals); DOJ receives more cases; Attorney General enforces via lawsuits—could increase workload but reduce improper spending.
• Citizens/Taxpayers: Saves public money on settlements; provides transparency to hold officials accountable without taxpayer burden.
• Victims: Enhanced privacy protections and unchanged rights to pursue claims.
• No direct impact on international relations.

Main Stakeholders Affected

• Members of Congress and senior staff: Face personal financial risk, public exposure, and ethics/disciplinary actions.
• Victims and complainants: Privacy safeguarded; rights preserved.
• Taxpayers and public: Benefit from fiscal accountability and access to information.
• Congressional offices (ethics committees, clerks): New administrative and referral responsibilities.
• DOJ and Attorney General: Handle referrals and enforcement.

Notable Legal, Constitutional, or Political Implications

• Legal: Strengthens enforcement through penalties and civil suits; ensures criminal allegations aren't buried in settlements—may lead to more DOJ investigations.
• Constitutional: Aligns with accountability principles; explicitly protects victim rights and privacy, avoiding due process or free speech conflicts.
• Political: Promotes transparency in Congress, potentially deterring misconduct but increasing scrutiny on lawmakers; retroactive disclosures could reveal past issues, influencing public trust and elections.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Gosar, Paul A. [R-AZ-9]

Cosponsors (11)

Rep. Biggs, Andy [R-AZ-5], Rep. Boebert, Lauren [R-CO-4], Rep. Burchett, Tim [R-TN-2], Rep. Carter, Earl L. "Buddy" [R-GA-1], Rep. Fine, Randy [R-FL-6], Rep. Luna, Anna Paulina [R-FL-13], Rep. Tiffany, Thomas P. [R-WI-7], Rep. Joyce, John [R-PA-13], Rep. Amodei, Mark E. [R-NV-2], Rep. Fuller, Clay [R-GA-14], Rep. Van Orden, Derrick [R-WI-3]

Recent Actions

• 2026-04-15: Referred to the House Committee on House Administration.
• 2026-04-15: Introduced in House
• 2026-04-15: Introduced in House

Bill Versions

• Stopping Wasteful Allowances for Lawmaker Wrongdoing and Ensuring Legal Liability Act — issued 2026-04-15 — PDF (6 pages)