H.R. 8300: Stopping Wasteful Allowances for Lawmaker Wrongdoing and Ensuring Legal Liability Act

This bill, titled the Stopping Wasteful Allowances for Lawmaker Wrongdoing and Ensuring Legal Liability Act, aims to enhance accountability and transparency regarding workplace misconduct claims involving members of Congress and their senior staff. The main components of the bill include the following:

Prohibition on Federal Funding for Settlements

The bill prohibits the use of federal funds to settle claims of workplace misconduct against Members of Congress or senior staff in both the House of Representatives and the Senate. This includes misconduct relating to discrimination, harassment, retaliation, or other violations of employment and civil rights laws.

Personal Liability for Settlements

If a Member of Congress or senior staffer is found liable for workplace misconduct or enters into a settlement, they are personally responsible for paying the full amount. They cannot use federal funds or campaign funds to cover these costs. Furthermore, they must certify under penalty of perjury that no public funds were used for these payments.

Mandatory Disclosure of Settlements

The bill requires the establishment of a public database managed by the Clerk of the House and the Secretary of the Senate. This database must include:

• The names of any Members of Congress or senior staff found liable or who settled workplace misconduct claims.
• The total amount of each settlement or award.
• The date when the resolution occurred.
• A general description of the nature of the claim.

However, the database is prohibited from including any personally identifiable information regarding victims or complainants, and disclosures must occur within 30 days of a resolution.

Retroactive Disclosure of Past Settlements

The bill mandates the publication of all past settlements related to workplace misconduct involving Congress members or their senior staff that have used public funds since January 1, 1995. Similar privacy protections for victims will apply to these disclosures, which must happen within 180 days of the bill's enactment.

Referral of Criminal Allegations

Any claims against Members of Congress or their senior staff that could potentially violate federal criminal law are required to be referred to the Department of Justice. This applies to all allegations, regardless of any existing settlement agreements or nondisclosure agreements.”

The Office of Congressional Workplace Rights or the relevant Ethics Committees will be responsible for making these referrals, and the consent of the complainant is not needed for a referral to take place.

Enforcement and Penalties

Members of Congress or their senior staff who violate this bill may face a civil penalty that is at least double the improper amount paid, as well as referral for disciplinary action to the appropriate Ethics Committee. The Attorney General is also authorized to initiate civil actions to ensure compliance with the bill.

Definitions and Clarifications

The bill defines a "Member of Congress" to include Delegates or Resident Commissioners and specifies that “senior staff” are those required to file financial reports under certain federal regulations.

Importantly, the bill does not limit victims' rights to pursue claims or receive compensation. It also ensures that victims’ identities and personal information remain protected without their explicit consent.

Effective Date

The bill would take effect immediately upon passage and would apply to any claims arising on or after that date.

Relevant Companies

None found.