The recent scandals involving former Reps. Eric Swalwell (D-Calif.) and Tony Gonzales (R-Texas), along with the House Ethics Committee’s unusual public plea for survivors to come forward, underscore a persistent problem: Congress has a silencing problem.
Silence is a major issue on Capitol Hill, driven by nondisclosure agreements (NDAs) that bury bad behavior and a power imbalance that discourages staff from reporting misconduct for fear of career ruin. A study by the National Women’s Defense League found 30 members of Congress accused of workplace sexual misconduct over the past 20 years, but the real number is likely far higher. As the Ethics Committee noted, “The greatest hurdle is convincing the most vulnerable witnesses to share their stories.”
Congress writes the rules for everyone else, yet its own workplace culture allows secrecy to hide harassment, coercion, and retaliation. NDAs are particularly offensive in this context: they conceal misconduct by public officials, keep constituents in the dark, and when settlements are taxpayer-funded, secrecy becomes a public issue. For years, the Congressional Accountability Act, reformed in 2018 after bipartisan outrage, has failed to change the ingrained instinct to protect the institution and the member over the victim.
That culture is exactly what NDAs were built to preserve. While laws like the Speak Out Act and the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act have shifted some leverage to survivors, they haven’t dismantled the culture of impunity. As one advocate put it, “It is easier to change laws than culture.” Laws deter some behavior but don’t prevent lawmakers from feeling their power over staff earns them discretion.
To address this, Congress should ban NDAs in settlements involving lawmakers and senior staff for harassment, discrimination, and retaliation. It should require transparent reporting when public funds are used in settlements. More critically, it needs a truly independent investigatory mechanism with real power, because “members policing members” inspires little confidence. Consequences must be swift, as delayed accountability often amounts to institutional protection.
States like New Jersey, California, and Washington have already banned NDAs for all toxic workplace issues, and similar legislation is advancing in New York, Connecticut, and New Mexico. These laws reflect a simple truth: secrecy is the oxygen that lets abuse spread. Congress should follow suit, expanding bans to cover all human rights violations, from sexual misconduct to discrimination and retaliation.
The problem is that too many in power still see scandal as a communications issue, not a moral one. But Congress is not a private club. The public has a right to know when their employees abuse power, use secrecy to cover it up, and rely on taxpayer-funded institutions for protection. Until both the law and the culture change, the silence will continue.
