Swalwell Act
- Sponsor
- Rep. Gosar, Paul A. [R-AZ-9]
- Committees
- Committee on House Administration (primary)
- Last action
- Apr 15, 2026
Bottom line
The bill aims to enhance accountability and transparency for workplace misconduct by Members of Congress and senior staff, shifting financial responsibility from taxpayers to individuals and ensuring criminal allegations are investigated by federal authorities.
What it actually does
This bill prohibits the use of taxpayer funds for settlements of workplace misconduct claims involving Members of Congress or senior staff, mandating that individuals found liable or settling such claims are personally responsible for the full amount. It requires the creation of a public database for current and past settlements (since 1995), ensuring victim privacy, and mandates the prompt referral of any criminal allegations to the Department of Justice, independent of internal congressional processes or victim consent.
Proponents argue
Supporters argue that this legislation ensures accountability for elected officials and senior staff, preventing the misuse of taxpayer money to cover personal wrongdoing and promoting transparency in congressional operations, thereby restoring public trust. They emphasize that victims deserve justice without public funds shielding perpetrators, and that criminal conduct should never be hidden by internal processes.
Opponents contend
While generally supporting transparency, some might argue that the public disclosure of claims, even without victim identity, could inadvertently lead to victim identification in specific cases, potentially deterring legitimate claims. Concerns could also be raised about potential due process issues if allegations are immediately referred to the Department of Justice without internal review, or if the definition of 'senior staff' is not precisely tailored.
The bill is concise and clearly written, making it highly accessible for any informed reader to understand its provisions quickly.
Section 2
Prohibition on Use of Federal Funds for Workplace Misconduct Settlements
This section explicitly forbids the use of any taxpayer funds from the U.S. Treasury to pay for settlements, awards, or judgments related to workplace misconduct claims against Members of Congress or senior staff. It broadly defines 'workplace misconduct' to include discrimination, harassment, retaliation, and other employment or civil rights violations.
Supporters argue
Supporters argue this provision ensures that individuals responsible for misconduct bear the financial cost, rather than taxpayers, promoting accountability and fiscal responsibility within Congress.
Critics contend
No specific opposition is typically raised against the principle of preventing taxpayer funds from covering personal misconduct, though some might argue about the precise scope of 'senior staff' or the definition of 'workplace misconduct' in specific contexts.
Tradeoffs
This provision balances the desire for individual accountability with potential administrative complexities in determining and enforcing personal liability for workplace misconduct.
Section 3
Personal Financial Responsibility for Workplace Misconduct
This section mandates that any Member of Congress or senior staff found liable for, or entering into a settlement resolving, a workplace misconduct claim must personally pay the full amount. It explicitly prohibits reimbursement from federal funds or campaign funds and requires a certification, under penalty of perjury, that no public funds were used for such payments.
Section 4
Public Database of Workplace Misconduct Settlements
This section requires the Clerk of the House and the Secretary of the Senate to create and maintain a publicly accessible, searchable database. This database must include the name of the Member or senior staff involved, the total settlement amount, the resolution date, and the general nature of the claim. It explicitly prohibits including any personally identifiable information of victims or complainants and sets a 30-day disclosure deadline.
Section 5
Disclosure of Historical Workplace Misconduct Settlements
This section mandates that within 180 days of the bill's enactment, the Clerk of the House and Secretary of the Senate must publish all settlements and awards paid using public funds since January 1, 1995, related to workplace misconduct claims involving Members of Congress or senior staff. These disclosures must adhere to the same privacy protections for victims as outlined in Section 4(b).
Section 6
Mandatory Referral of Criminal Allegations to Department of Justice
This section requires that any allegation of conduct by a Member of Congress or senior staff that may constitute a federal criminal law violation must be promptly referred to the Department of Justice for review. Referrals are to be made by the Office of Congressional Workplace Rights or the relevant Ethics Committees. Crucially, no settlement, non-disclosure agreement, or internal congressional process can prevent or delay such a referral, and the referral does not require the complainant's consent.
Defines 'senior staff of the House of Representatives or Senate' as any individual who, at the time a violation occurred, was required to file a report under subchapter I of chapter 131 of title 5, United States Code.
Section 8(2)
Why it matters:This is standard legislative practice to define terms by reference to existing law, ensuring consistency with other federal statutes and avoiding redundancy.
Case for: Supporters would argue this provides a clear, established legal standard for who constitutes 'senior staff,' leveraging existing ethics and disclosure frameworks to define the scope of the bill's applicability.
Case against: Critics might argue that relying on an external definition makes the scope less transparent to the average reader or that the existing definition might not perfectly align with the intended scope of 'senior staff' for misconduct claims, potentially excluding or including unintended groups.
Estimated impact: This definition determines the universe of individuals, beyond Members of Congress, to whom the bill's accountability and transparency measures apply, significantly broadening its reach to a specific subset of high-level congressional staff.