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119-hr-8300119th Congress

Swalwell Act

Sponsored By: Representative Gosar, Paul A. [R-AZ-9]

Introduced

Summary

This bill would create a ban on using taxpayer funds to pay settlements, awards, or judgments for workplace misconduct by Members of Congress or senior House or Senate staff. It would also require public disclosure of such settlements, make the involved officials personally liable for payments, and mandate referrals to the Department of Justice when allegations could be federal crimes.

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  • Members and senior staff would be personally responsible for any settlements or awards tied to workplace misconduct, could not be reimbursed with federal or campaign funds, and would have to certify under penalty of perjury that no public funds were used.
  • The Clerk of the House and the Secretary of the Senate would publish a searchable public database listing the Member or senior staff name, total settlement or award, resolution date, and a general claim description while protecting victims' identities. The bill also requires retroactive publication within 180 days of all publicly funded workplace misconduct settlements involving Members or senior staff since January 1, 1995.
  • Allegations that may be federal crimes must be referred to the Department of Justice and cannot be blocked by nondisclosure agreements or internal processes. Enforcement tools include a civil penalty of not less than 200 percent of any improperly paid amount, referrals to Ethics Committees, and authority for the Attorney General to sue to enforce the law.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 1 costs, 0 mixed.

Mandatory DOJ referrals and victim privacy

This bill would require that any allegation about a Member or senior House or Senate staff that might be a federal crime be promptly referred to the Department of Justice. Referrals would come from the Office of Congressional Workplace Rights, the House Ethics Committee, or the Senate Ethics Select Committee, as applicable. Settlement agreements, nondisclosure agreements, or internal congressional processes could not block or delay referrals, and a referral would not depend on the complainant's consent. The bill would define workplace misconduct to include discrimination, harassment, retaliation, and other employment or civil rights violations. It would count Delegates and Resident Commissioners as Members and define senior staff by certain federal reporting requirements. Nothing in the bill would stop victims from pursuing claims or receiving compensation, and a victim's identity could not be disclosed without the victim's written consent. The Houses could take steps to protect victim identities.

Public database of congressional settlements

This bill would require the Clerk of the House and the Secretary of the Senate to publish a public, searchable database of any Member or senior staff who settled or was found liable for a workplace misconduct claim. Each entry would show the name of the Member or senior staff, the total settlement or award, the resolution date, and a short description of the claim. The database would not include victims' personally identifiable information. New settlements would be disclosed no later than 30 days after resolution, and not later than 180 days after enactment the Clerk and Secretary would publish all public-fund settlements since January 1, 1995. The bill would take effect on enactment and apply to any claim pending on or after that date.

Personal liability for lawmakers and staff

This bill would require a Member of Congress or senior House or Senate staff who is found liable for, or who enters a settlement resolving, a workplace misconduct claim to pay the full settlement or award personally. It would bar using money from the U.S. Treasury, other federal funds, or campaign funds to pay or reimburse those amounts. The person who pays would have to certify under penalty of perjury that no public funds were used. The bill would allow a civil penalty of at least 200 percent of any amount improperly paid, require referral to the appropriate House or Senate Ethics Committee, and let the Attorney General sue to enforce these rules.

Sponsors & CoSponsors

Sponsor

Gosar, Paul A. [R-AZ-9]

AZ • R

Cosponsors

  • Rep. Biggs, Andy [R-AZ-5]

    AZ • R

    Sponsored 4/15/2026

  • Rep. Boebert, Lauren [R-CO-4]

    CO • R

    Sponsored 4/15/2026

  • Rep. Burchett, Tim [R-TN-2]

    TN • R

    Sponsored 4/15/2026

  • Rep. Carter, Earl L. "Buddy" [R-GA-1]

    GA • R

    Sponsored 4/15/2026

  • Rep. Fine, Randy [R-FL-6]

    FL • R

    Sponsored 4/15/2026

  • Rep. Luna, Anna Paulina [R-FL-13]

    FL • R

    Sponsored 4/15/2026

  • Rep. Tiffany, Thomas P. [R-WI-7]

    WI • R

    Sponsored 4/20/2026

  • Rep. Amodei, Mark E. [R-NV-2]

    NV • R

    Sponsored 4/20/2026

  • Rep. Joyce, John [R-PA-13]

    PA • R

    Sponsored 4/20/2026

  • Rep. Fuller, Clay [R-GA-14]

    GA • R

    Sponsored 4/20/2026

  • Rep. Van Orden, Derrick [R-WI-3]

    WI • R

    Sponsored 5/19/2026

Roll Call Votes

No roll call votes available for this bill.

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