S. 5228: Safeguarding Transparency and Oversight to Prevent the Spread of Washington’s Administrative Misconduct and Partisanship Act

This bill would change federal law governing congressional investigations and witness misconduct. In plain terms, it would make it easier for Congress to impose employment-related penalties on certain witnesses who refuse to answer questions or who are later convicted of lying under oath or making false statements during a congressional inquiry.

What the bill changes

• It rewrites existing rules about witnesses who appear before Congress and then refuse to answer questions that are relevant to the investigation.
• Under the bill, a person who appears as a witness and then refuses to answer a pertinent question would:
  • be treated as committing a misdemeanor, with the same basic criminal penalties already described in the law, and
  • be barred from federal employment.
• It also says that a person who appears as a witness and is finally convicted of either:
  • perjury under federal law, or
  • making false statements under federal law,
  would be barred from federal employment.
• If the person is already a federal employee and is found to have violated these rules, the bill would require that person to be removed from civil service.
• Any debarment from federal employment under this bill would be subject to judicial review, meaning a court could review it.

What it does about congressional enforcement

• The bill also changes the process for Congress to act when a witness who is a federal employee is referred for prosecution.
• It would allow any Member of Congress, within 180 days after certain facts are certified to a U.S. attorney, to introduce a joint resolution to rescind appropriated funds used for that witness’s salary and expenses for the fiscal year.
• The resolution would get expedited consideration in Congress, with deadlines for committee review and floor votes in each chamber.
• If the two chambers disagree, the bill sets fast conference and final vote deadlines.
• These rescission actions would also be subject to judicial review.

Who could be affected

• Federal employees who testify before Congress could face stronger consequences if they refuse to answer questions or are convicted of perjury or false statements.
• Congressional committees and leadership would have a more defined process for pursuing salary-related funding rescissions tied to such conduct.
• Federal agencies could be affected if one of their employees is subject to debarment or removal under these rules.

Relevant Companies

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