Swalwell Act

Financial Accountability: Members of Congress and senior staff who are found liable for or enter settlements regarding workplace misconduct must pay the full amount personally, ensuring they are held responsible for their actions (Section 3(a)).

Increased Transparency: The Act requires the Clerk of the House and the Secretary of the Senate to maintain a public, searchable database containing the names of those involved, the amounts paid, and the nature of the claims (Section 4(a)).

Public Awareness of Past Misconduct: All settlements and awards paid with public funds since January 1, 1995, must be published within 180 days of the Act's enactment (Section 5(a)).

Victim Protection: The law explicitly prohibits the disclosure of personally identifiable information of victims or complainants in the public database (Section 4(b)) and ensures that the identity of a victim is not required to be disclosed without express written consent (Section 9(2)).

Criminal Accountability: Any allegations of conduct that may violate Federal criminal law must be promptly referred to the Department of Justice (Section 6(a)).

Legal Safeguards for Victims: The Act ensures that nothing in the legislation will limit the rights of victims to pursue claims or receive compensation (Section 9(1)).

Financial Burdens on Officials: Members of Congress and senior staff face significant personal financial responsibility for settlements and may be subject to civil penalties of at least 200 percent of any amount improperly paid (Section 3(a) and Section 7(a)(1)).

Disciplinary Risk: Violating the provisions of this Act can lead to a referral to the appropriate Ethics Committee for further disciplinary action (Section 7(a)(2)).