Summary of H.R. 8300 – Swalwell Act (119th Congress)

Purpose
- The Swalwell Act seeks to reform how workplace misconduct claims involving Members of Congress or senior staff are funded, disclosed, and handled. Its overarching goals are to eliminate the use of taxpayer funds for settlements, increase personal accountability, promote transparency of past settlements (while protecting victims), and ensure criminal allegations are promptly referred to the Department of Justice.

Key Provisions

1) Prohibition on using federal funds for settlements
- Prohibits any funds from the U.S. Treasury from being used to pay settlements, awards, or judgments arising from workplace misconduct claims involving Members of Congress or senior staff of the House or Senate.
- Defines “workplace misconduct” to include discrimination, harassment, retaliation, or other violations of employment or civil rights laws.

2) Personal liability of Members and senior staff
- Members of Congress or senior staff found liable for, or who settle, a workplace misconduct claim shall be personally responsible for the full amount of the settlement or award.
- Explicitly bars reimbursement of such payments with federal funds or campaign funds.

3) Certification of funding non-use
- Requires Members and senior staff to certify under penalty of perjury that no public funds were used for payments described above.

4) Mandatory disclosure of settlements
- Establishes a publicly accessible, searchable database maintained by the Clerk of the House and the Secretary of the Senate.
- Required database fields: name of the involved Member or senior staff, total settlement/award amount, resolution date, and general nature of the claim.
- Prohibits including personally identifiable information about victims or complainants.
- Disclosure deadline: settlements must be disclosed not later than 30 days after resolution.

5) Retroactive disclosure of past settlements
- Within 180 days of enactment, requires publication of all settlements/awards paid with public funds since January 1, 1995 relating to workplace misconduct involving Members or senior staff.
- Privacy protections apply to retroactive disclosures.

6) Referral of criminal allegations
- Any allegation that may constitute a federal criminal violation must be promptly referred to the Department of Justice for review.
- Referrals may be made by the Office of Congressional Workplace Rights, the House Ethics Committee, or the Senate Ethics Select Committee, as applicable.
- Requires that referrals occur regardless of any settlement, NDA, or internal process, and does not require the complainant’s consent for disclosure of referrals.

7) Enforcement and penalties
- Violations trigger civil penalties: at least 200% of the amount improperly paid, plus referral to the appropriate Ethics Committee for further disciplinary action.
- The Attorney General may bring a civil action to enforce compliance.

8) Definitions
- “Member of Congress” includes Delegates and the Resident Commissioner.
- “Senior staff” means individuals required to file certain reports under federal employee law, as applicable at the time of the violation.

9) Rule of construction
- The act does not:
- Limit victims’ rights to pursue claims or compensation,
- Require disclosure of a victim’s identity without express written consent,
- Prevent Congress from taking actions to protect victims’ identities.

10) Effective date
- The Act takes effect upon enactment and applies to claims pending on or after that date.

Impact and Considerations

• Fiscal transparency: Establishes public visibility into settlements and awards, including total amounts and dates.
• Personal accountability: Shifts financial responsibility from the public purse to the individuals involved.
• Victim protection: Requires non-identifying disclosures and preserves victim privacy; mandates that criminal referrals occur even if settlements exist.
• Compliance risk: Could result in larger penalties and potential disciplinary actions for lawmakers and senior staff who engage in misconduct or misappropriate funds.
• Scope: Applies to Members of Congress and senior staff across both chambers; covers a broad range of workplace misconduct under existing civil rights and employment laws.

Note: As introduced, the bill is focused on administrative, fiscal, and ethical governance regarding misconduct settlements and does not alter substantive civil rights protections or voting rights.