Federal politicians would be barred from using campaign contributions to fight or settle sexual misconduct allegations under a bill announced Tuesday by two House members from opposite sides of the political spectrum.
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The proposal, from Reps. Ro Khanna (D-California) and Anna Paulina Luna (R-Florida), aims to further shape the debate over how Congress should move forward from a spate of sexual misconduct scandals this spring, which prompted the creation of a bipartisan working group to revise the policies protecting Capitol Hill staffers. Both Khanna and Luna have been active on the issue.
Khanna said politicians would behave better if they had to rely on their own financial resources when they get into trouble rather than being able to dip into campaign accounts or legal-defense funds.
“That creates this culture of impunity where people think they’re untouchable,” Khanna said in an interview.
“There’s such a power asymmetry,” he said, because of “the extraordinary legal advantage that elected officials have.”
The progressive Khanna came into national prominence last fall as he helped force the release of federal investigative files related to financier and sex offender Jeffrey Epstein, over the objections of President Donald Trump.
Khanna is collaborating on the bill with the conservative Luna, one of several Republican women lawmakers who have begun demanding more consequences for alleged sexual misconduct by their colleagues. She led the charge in April against Sen. Ruben Gallego (D-Arizona), filing a complaint with the Senate that was dismissed last month with no findings that he violated federal law or broke Senate rules.
The bill would prohibit elected officials and candidates for federal office from using campaign donations or a legal-defense fund to cover legal fees related to claims of sexual assault, sexual abuse or sexual harassment. If they are not held liable, they could be reimbursed for expenses.
Luna said the proposed change is overdue and would serve as a “massive deterrent” amid a culture of sexual misconduct on Capitol Hill that has gotten out of hand.
“It is not what the Founding Fathers intended for members of Congress,” she said. “It’s a perversion of the system.”
The proposal would also make campaign contributions off-limits for paying settlements or court-ordered judgments for sexual misconduct claims, as well as for private investigators and other research into the accusers.
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Khanna said that politicians would still be able to tap into their savings to defend themselves like most other Americans but that they should not be allowed to fundraise for what frequently amounts to public relations activities more than actual legal work.
“In most of the cases, they’re being used to smear survivors,” he said.
The bill emerged from conversations with activists supporting women who have come forward in recent months with accusations of sexual misconduct by politicians, including former congressman Eric Swalwell (D-California).
In April, the San Francisco Chronicle spoke to a former Swalwell staffer who said he sexually assaulted her. CNN reported more allegations of inappropriate behavior, and a second woman accused Swalwell of raping her. He has categorically denied the allegations of sexual misconduct, calling them a political hit job, though he acknowledged some “mistakes in judgment.”
Swalwell dropped out of the race for California governor and then resigned from office within days. But he has since spent $50,000 from an old congressional campaign account, as well as hundreds of thousands from contributions to his gubernatorial bid, on prominent defense attorney Sara Azari. Her firm hired a private investigator to look into the allegations, according to NOTUS.
“Many of those women were forced back into hiding, and this ordeal is still not over for them,” said Cheyenne Hunt, an influencer who worked with some of the accusers and subsequently launched the advocacy group Reckoning Action.
That’s retaliation, Hunt said, and a “bad-faith use” of campaign funds.
“No donor gives to a campaign thinking, ‘Yes, I want my money to go toward harassing a survivor,’” she said. “This truly feels like such a no-brainer.”
Despite bipartisan support for the bill, its prospects are uncertain. Racked with dysfunction, Congress has struggled to pass major legislative priorities this year, and only two months of floor time remain for the rest of the session.
Other ideas for improving how Capitol Hill handles sexual misconduct complaints are also circulating. A group that says it represents more than 1,500 congressional staffers released a letter this month calling to expand legal representation for employees, make independent investigations easier to trigger and provide more time to file workplace claims.
With the blessing of congressional leadership, the Republican and Democratic women’s caucuses united in the spring to develop recommendations for making Congress a safer work environment. Their proposed solutions are forthcoming.
House Speaker Mike Johnson (R-Louisiana) recently said he would support banning lawmakers from having sexual relationships with any congressional staffers, not just their own subordinates.
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