Federal candidates and lawmakers would be barred from using campaign contributions or legal-defense funds to cover expenses arising from sexual misconduct allegations under bipartisan legislation introduced Tuesday.
The proposal from Reps. Ro Khanna, D-Calif., and Anna Paulina Luna, R-Fla., would require accused officeholders to personally finance their legal defenses unless they are cleared of wrongdoing.
The measure follows a series of high-profile allegations that have renewed scrutiny of workplace protections and power imbalances on Capitol Hill, with the Associated Press review detailing pressure for a broader congressional reckoning.
House leaders established a bipartisan working group this year to examine congressional workplace misconduct rules and recommend reforms, while lawmakers and staff organizations have advanced separate proposals to strengthen reporting systems and employee protections.
Khanna said allowing officeholders to tap political donations for legal representation gives them financial resources that accusers often cannot match.
“That creates this culture of impunity where people think they’re untouchable,” Khanna said in an interview with The Washington Post.
“There’s such a power asymmetry,” he said, because of “the extraordinary legal advantage that elected officials have.”
Under the bill, candidates and elected officials could not use campaign funds or legal-defense accounts to pay legal fees connected to allegations of sexual assault, sexual abuse or sexual harassment.
The prohibition would extend to settlements, court judgments, private investigators and opposition research or other inquiries targeting accusers.
Lawmakers and candidates found not to have committed wrongdoing could later seek reimbursement for qualifying legal expenses, a provision intended to protect those who successfully defend themselves against false or unsupported claims.
Luna described the legislation as a “massive deterrent” that could force members of Congress to consider the personal financial consequences of misconduct.
“It is not what the Founding Fathers intended for members of Congress,” she said. “It’s a perversion of the system.”
Khanna said the proposal would not prevent accused lawmakers from hiring attorneys or defending themselves, but it would prohibit them from raising political money to conduct what he characterized as public relations campaigns against accusers.
“In most of the cases, they’re being used to smear survivors,” he said.
The Federal Election Commission generally prohibits candidates from converting campaign funds to personal use but permits committees to pay certain legal expenses when the costs arise directly from campaign activity or a person’s duties as a federal officeholder.
Recent cases have highlighted the practice, including reports that former Rep. Eric Swalwell, D-Calif., used campaign money for legal bills after sexual misconduct allegations emerged.
Lawmakers also can establish separate legal-defense funds, as Sen. Ruben Gallego, D-Ariz., did this year while responding to an ethics complaint that he denied.
Khanna and Luna’s legislation would establish an explicit prohibition on using either source of money for costs arising from sexual misconduct allegations.
Congress enacted significant workplace changes through the Congressional Accountability Act of 1995 Reform Act in 2018, eliminating mandatory counseling and mediation periods and requiring lawmakers to repay the Treasury for certain harassment settlements and awards.
Those reforms did not broadly prohibit lawmakers from using privately raised campaign or legal-defense money to fight allegations before a judgment or settlement.
The new proposal faces an uncertain future because congressional leaders have not committed to bringing it to the floor and lawmakers have limited time remaining before the session ends.
Theodore Bunker ✉
Theodore Bunker, a Newsmax writer, has more than a decade covering news, media, and politics.