Summary of H.R. 1166 (119th Congress, 2nd Session)

Title

Providing for the expulsion of Representative Eric Swalwell from the United States House of Representatives.

Purpose and intent

• The bill seeks to expel Representative Eric Swalwell from the U.S. House of Representatives.
• It cites alleged misconduct involving a sexual relationship with a former congressional staffer, including an incident in which Swalwell allegedly engaged in sexual activity with a staffer while she was intoxicated and unable to consent.
• The resolution argues that Swalwell’s conduct brings discredit upon the House and violates the standards of conduct for Members of Congress, warranting removal under Article I, Section 5, Clause 2 of the Constitution.

Key provisions and changes proposed

• The resolution states, explicitly, that Representative Eric Swalwell “be, and he hereby is, expelled from the United States House of Representatives.”
• It grounds the expulsion in:
  • Allegations reported publicly on April 10, 2026, involving a former staffer.
  • An investigation by the Manhattan District Attorney’s Office into the alleged sexual activity.
  • Swallow’s public statements acknowledging “mistakes in judgment” related to the incident.
  • The House Rules (Rule XXIII, Code of Official Conduct) requiring Members to behave in a manner that reflects creditably on the House.
• The instrument frames expulsion as appropriate given Swalwell’s alleged violations of House standards and the Constitution’s provision empowering the House to police its members.

Who would be affected

• Primary: Representative Eric Swalwell (D-CA), a current Member of the U.S. House of Representatives.
• The action would remove Swalwell from office, effective upon adoption of the resolution.
• The bill is introduced with one co-sponsor, Representative Anna Luna (R-FL).

Procedural and timeline aspects

• Introduced and referred to the House Committee on Ethics on April 13, 2026.
• The bill’s progression would proceed through the Ethics Committee, which would investigate and report back to the House; the House would then consider the resolution under its constitutional authority to expel Members (Article I, Section 5, Clause 2).
• The action is limited in scope to expulsion; it does not propose alternative discipline or censure within this text.
• The USDOC/DA investigations cited in the bill are not itself controlling but are presented as context supporting the proposed expulsion.

Notable context and considerations

• The bill asserts that a Member’s authority over staff obligates them to avoid exploiting that authority for personal gain.
• It relies on public reporting and ongoing investigations as basis for urgent action; it does not reference any other charges or indictments against Swalwell.
• Expulsion requires a two-thirds vote of the House, as is standard for expulsion actions, after due process and Committee recommendation.

Bottom line

H.R. 1166 is a constitutionally grounded, House-driven effort to remove Rep. Eric Swalwell from Congress due to alleged sexual misconduct involving a subordinate staffer, described as discrediting to the House and warranting immediate expulsion if enacted.