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S 5228

STOP the SWAMP Act

119th Congress Introduced by Roger Marshall

The act imposes debarment from federal employment and other penalties on witnesses who refuse to answer questions or are finally convicted of perjury.

Introduced in Senate
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WeVote Research Nonpartisan
Bill Summary · S 5228

STOP the SWAMP Act (S.5228, 119th Congress)

Purpose and intent

  • Introduces the STOP the SWAMP Act to tighten consequences for witnesses before Congress who refuse to answer questions or who are finally convicted of perjury.
  • The bill aims to safeguard congressional investigations and oversight by enhancing penalties and creating a streamlined process to debar non-cooperating individuals from federal employment.

Key provisions and changes

  • Expanded debarment authority (2 U.S.C. 192, amended)

    • Creates an explicit provision that a person who, after appearing as a witness, refuses to answer a pertinent question can be:
    • Stated as guilty of a misdemeanor and punished by a fine ($100 to $1,000) and 1 to 12 months of imprisonment, and
    • debarred from federal employment (in addition to other penalties).
    • Clarifies that individuals who refuse to answer pertinent questions when summoned are subject to debarment.

  • Definitions of “finally convicted” (2 U.S.C. 192, amended)

    • Defines “finally convicted” to mean either a non-appealable conviction or a conviction after a completed appeals process.
    • Specifies that a person who, after being summoned and appearing, is finally convicted of perjury (18 U.S.C. § 1621) or an offense under 18 U.S.C. § 1001 shall be debarred from federal employment (in addition to other penalties).

  • Removal from civil service

    • If a person found in violation of the new debarment provisions is a federal employee, they may be removed from the civil service, in addition to other penalties.

  • Judicial review

    • Debarments issued under this section are subject to judicial review.

  • Procedures for rescinding salary funds (amendment to 2 U.S.C. § 194)

    • Allows, within 180 days after certification of a statement of facts to a U.S. attorney, any Member of Congress to introduce a joint resolution to rescind funds for the salary and expenses of a federal employee witness.
    • Establishes a detailed expedited process:
    • Referral to the relevant Appropriations Committee, reporting within 15 calendar days, and a vote within 20 calendar days.
    • If one House approves, the resolution goes to the other House and follows a parallel expedited timeline.
    • If there is disagreement, conferees are to be appointed and must file a report within 6 calendar days after referral to conference.
    • Once conference reports are filed, both Houses must act within 6 calendar days.
    • The term “appropriate Member of Congress” includes the President of the Senate, the Speaker, or the chair/ranking member of the relevant committee (including Oversight and Government Reform in the House).

Who and what is affected

  • Witnesses summoned before Congress under subsection (a) of Section 102 (2 U.S.C. § 192) who refuse to answer pertinent questions.
  • Individuals convicted of perjury or related offenses (18 U.S.C. § 1621 and § 1001) after having appeared as witnesses.
  • Federal employees who are debarred under these provisions may face removal from civil service.
  • Federal employees who are witnesses may face potential loss of salary and expenses funding through expedited joint resolutions if a rescission is pursued.

Procedural and timeline aspects

  • Debarment and penalties become applicable upon refusal to answer pertinent questions or final conviction for perjury, with the possibility of removal from federal employment for current federal employees.
  • The salary-fund rescission mechanism creates a fast-track, privileged process to cut funding for a witness’s salary and expenses, subject to procedural safeguards and judicial review.
  • The rescission process sets tight timelines for committee reporting (within 15 days), votes (within 20 days), and cross-House action (within days after passage in the other House), with conferee reporting deadlines if there is disagreement.

Summary

The STOP the SWAMP Act seeks to strengthen congressional oversight by imposing criminal and employment consequences on witnesses who refuse to answer questions or who are finally convicted of perjury, and by providing a fast-tracked mechanism to rescind salary funding for witness-related federal positions. It adds explicit debarment from federal employment, potential removal from civil service, and expedited funding-reduction procedures, along with defined review processes.

Compiled from official sources — confirm details with the bill’s official record.

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