H.R. 8300 — Swalwell Act

This section prohibits the use of federal funds appropriated or otherwise made available from the U.S. Treasury to pay any settlement, award, or judgment arising from a claim of workplace misconduct by a Member of Congress or senior staff of the House of Representatives or Senate. Workplace misconduct includes claims of discrimination, harassment, retaliation, or other violations of employment or civil rights laws.

This section establishes personal liability for any Member of Congress or senior staff of the House of Representatives or Senate found liable for, or entering into a settlement resolving, a workplace misconduct claim, requiring such individual to pay the full amount of any settlement or award. It further (1) prohibits reimbursement of such payments using federal funds or campaign funds and (2) requires certification, under penalty of perjury, that no public funds were used for such payments.

This section requires the Clerk of the House of Representatives and the Secretary of the Senate to maintain and publish a publicly accessible, searchable database disclosing (1) the name of any Member of Congress or senior staff of the House 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, and (4) the nature of the claim in general terms. The database must not include personally identifiable information of victims or complainants, and disclosures must be made not later than 30 days after resolution of a claim.

This section directs the Clerk of the House of Representatives and the Secretary of the Senate, not later than 180 days after enactment, to publish all settlements and awards paid using public funds since January 1, 1995, relating to workplace misconduct claims involving Members of Congress or senior staff of the House of Representatives or Senate. Disclosures must comply with the privacy protections in section 4(b).

This section requires the Office of Congressional Workplace Rights, House Committee on Ethics, or Senate Select Committee on Ethics, as applicable, to promptly refer to the Department of Justice any allegation of conduct by a Member of Congress or senior House or Senate staff that may constitute a violation of federal criminal law. The section prohibits any settlement agreement, nondisclosure agreement, or internal congressional process from preventing or delaying such a referral and specifies that a referral is not contingent on the complainant's consent. (Thus, entities investigating congressional workplace or ethics matters must escalate potential federal crimes to DOJ regardless of internal resolutions or complainant preferences.)

This section establishes enforcement penalties for violations of the Act by any Member of Congress or senior staff of the House of Representatives or Senate, including (1) a civil penalty of not less than 200% of the amount improperly paid and (2) referral to the appropriate congressional ethics committee for further disciplinary action. The section also authorizes the Attorney General to bring civil actions to enforce compliance with the Act.

This section defines, for purposes of this Act, (1) "Member of Congress" to include a Delegate or Resident Commissioner to the Congress; and (2) "senior staff of the House of Representatives or Senate" as any individual required, at the time a violation occurred, to file a financial disclosure report under subchapter I of chapter 131 of title 5, United States Code (i.e., Ethics in Government Act requirements applicable to certain high-level congressional employees).

This section establishes a rule of construction providing that nothing in this Act may be construed to (1) limit victims' rights to pursue claims or receive compensation; (2) require disclosure of a victim's identity—including sex and personally identifiable information—without the victim's express written consent; or (3) prevent the House of Representatives or Senate from taking actions necessary to protect victims' identities.