H.R. 8300

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8300 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 8300

To prohibit the use of taxpayer funds for settlements of workplace 
misconduct claims involving Members of Congress or senior staff of the 
House of Representatives or the Senate, require personal financial 
accountability, ensure transparency of past settlements while 
protecting victims, and mandate referral of criminal allegations to the 
Department of Justice, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

April 15, 2026

Mr. Gosar (for himself, Mr. Biggs of Arizona, Ms. Boebert, Mr. 
Burchett, Mr. Carter of Georgia, Mr. Fine, and Mrs. Luna) introduced 
the following bill; which was referred to the Committee on House 
Administration

_______________________________________________________________________

A BILL

To prohibit the use of taxpayer funds for settlements of workplace 
misconduct claims involving Members of Congress or senior staff of the 
House of Representatives or the Senate, require personal financial 
accountability, ensure transparency of past settlements while 
protecting victims, and mandate referral of criminal allegations to the 
Department of Justice, and for other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Stopping Wasteful Allowances for 
Lawmaker Wrongdoing and Ensuring Legal Liability Act'' or the 
``Swalwell Act''.

SEC. 2. PROHIBITION ON USE OF FEDERAL FUNDS IN CONNECTION WITH 
WORKPLACE MISCONDUCT.

(a) In General.--No funds appropriated or otherwise made available 
from the U.S. Treasury may be used to pay any settlement, award, or 
judgment arising from a claim of workplace misconduct by a Member of 
Congress or a senior staff of the House of Representatives or Senate.
(b) Workplace Misconduct Defined.--For purposes of this section, 
the term ``workplace misconduct'' includes claims of discrimination, 
harassment, retaliation, or other violations of employment or civil 
rights laws.

SEC. 3. PERSONAL LIABILITY OF MEMBERS OF CONGRESS OR A SENIOR STAFF OF 
THE HOUSE OF REPRESENTATIVES OR SENATE.

(a) In General.--Any Member of Congress or a senior staff of the 
House of Representatives or Senate found liable for, or entering into a 
settlement resolving, a workplace misconduct claim shall be personally 
responsible for the full amount of such settlement or award.
(b) Prohibitions With Respect to Reimbursement.--No Member of 
Congress or a senior staff of the House of Representatives or Senate 
may be reimbursed, directly or indirectly--
(1) with Federal funds for any payment made under 
subsection (a); or
(2) with campaign funds for any payment made under 
subsection (a).
(c) Certification Requirement.--Members of Congress or a senior 
staff of the House of Representatives or Senate shall certify, under 
penalty of perjury, that no public funds were used in connection with 
such payments under subsection (a).

SEC. 4. MANDATORY DISCLOSURE OF SETTLEMENTS.

(a) In General.--The Clerk of the House of Representatives and the 
Secretary of the Senate shall maintain and publish a publicly 
accessible, searchable database containing the following:
(1) The name of any Member of Congress or a senior staff of 
the House of Representatives or Senate who has settled or been 
found liable for a workplace misconduct claim.
(2) The total amount of any settlement or award.
(3) The date of resolution.
(4) The nature of the claim, described in general terms.
(b) Prohibition.--The database under subsection (a) shall not 
include any personally identifiable information of victims or 
complainants.
(c) Disclosure Deadline.--Disclosures shall be made not later than 
30 days after the date of the resolution of a claim.

SEC. 5. RETROACTIVE DISCLOSURE OF PAST SETTLEMENTS.

(a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Clerk of the House and Secretary of the 
Senate shall publish all settlements and awards paid using public funds 
since January 1, 1995, relating to workplace misconduct claims 
involving Members of Congress or a senior staff of the House of 
Representatives or Senate.
(b) Privacy Protection Requirement.--Disclosures under subsection 
(a) shall comply with the privacy protections set forth in section 
4(b).

SEC. 6. REFERRAL OF CRIMINAL ALLEGATIONS.

(a) In General.--Any allegation of conduct by a Member of Congress 
or a senior staff of the House of Representatives or Senate that may 
constitute a violation of Federal criminal law shall be promptly 
referred to the Department of Justice for review.
(b) Source of Referral.--A referral under subsection (a) shall be 
made by the Office of Congressional Workplace Rights, the Committee on 
Ethics of the House of Representatives, or the Select Committee on 
Ethics of the Senate, as applicable.
(c) Restrictions on Preventing or Delaying Referral.--
(1) In general.--No settlement agreement, nondisclosure 
agreement, or internal congressional process may prevent or 
delay a referral under subsection (a).
(2) Other requirements.--The existence of a referral under 
this section shall not be contingent upon the consent of the 
complainant.

SEC. 7. ENFORCEMENT AND PENALTIES.

(a) In General.--Any Member of Congress or a senior staff of the 
House of Representatives or Senate who violates this Act shall be 
subject to--
(1) a civil penalty that equals not less than 200 percent 
of the amount improperly paid; and
(2) referral to the appropriate Ethics Committee for 
further disciplinary action.
(b) Civil Action.--The Attorney General is authorized to bring a 
civil action to enforce compliance with this Act.

SEC. 8. DEFINITIONS.

In this Act--
(1) the term ``Member of Congress'' includes a Delegate or 
Resident Commissioner to the Congress; and
(2) the term ``senior staff of the House of Representatives 
or Senate'' means 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.

SEC. 9. RULE OF CONSTRUCTION.

Nothing in this Act may be construed to--
(1) limit the rights of victims to pursue claims or receive 
compensation;
(2) require the disclosure of a victim's identity, 
including sex and personally identifiable information, without 
their express written consent; or
(3) prevent the House of Representatives or the Senate from 
taking such actions as may be necessary to protect the 
identities of victims.

SEC. 10. EFFECTIVE DATE.

This Act shall take effect on the date of the enactment of this Act 
and shall apply to any claim pending on or after such date.
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