Congress claims power to strip federal workers' pay without budget process.
S. 5228 — STOP the SWAMP Act · Filed by Roger Marshall (R-KS) · Introduced Aug 4, 2026 · Referred to committee
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What it does
This bill creates two new penalties for federal witnesses: (1) anyone summoned to testify before Congress who refuses to answer questions or is convicted of perjury is barred from federal employment and faces criminal charges ($100–$1,000 fine, 1–12 months jail); (2) Congress can vote to rescind the salary of such a witness if they are a federal employee, using a fast-track procedure that bypasses normal appropriations rules. The bill also allows judicial review of debarments and salary rescissions.
Why we flagged it
The bill's operative mechanism is twofold: (1) criminal and employment penalties for refusing congressional testimony, and (2) a fast-track legislative procedure allowing Congress to unilaterally rescind a federal employee's salary. Both provisions concentrate power in Congress to punish individuals and bypass normal appropriations oversight.
What the text implies
- The bill effectively eliminates the Fifth Amendment privilege against self-incrimination for federal employees summoned to testify, since refusing to answer (even on constitutional grounds) triggers automatic debarment and criminal penalties.
- The salary-rescission procedure bypasses the normal appropriations process and Impoundment Control Act, allowing Congress to unilaterally claw back pay without executive signature or standard budget reconciliation.
- Debarment from 'Federal employment' is undefined—it may bar individuals from all federal jobs, including positions in the private sector that receive federal contracts or funding, creating a shadow employment blacklist.
- The bill applies retroactively to anyone 'finally convicted' of perjury before Congress, potentially affecting individuals convicted years ago under different legal standards.
- Judicial review is mentioned but the standard of review is not specified; courts may have limited ability to overturn congressional salary rescissions if they are deemed a legislative function.
Section numbers refer to the bill text the analysis read — linked under Primary records below.
Who it affects
The bill restricts citizens' constitutional rights (Fifth Amendment privilege against self-incrimination, due process) by imposing employment debarment and criminal penalties for refusing to testify, and creates a legislative power to unilaterally rescind a federal employee's salary without standard appropriations process. While witness intimidation is a legitimate concern, the bill's mechanism—automatic debarment and expedited salary rescission—bypasses normal judicial and administrative safegu
Named in the bill
U.S. Congress, Senate Committee on Homeland Security and Governmental Affairs, Committee on Appropriations (House and Senate), Committee on Oversight and Government Reform, Federal employees, U.S. attorneys
Where it stands
- Aug 4, 2026 — Introduced · Congress.gov: “Introduced in Senate”
- Aug 4, 2026 — Referred to Senate Committee on Homeland Security and Governmental Affairs · Congress.gov: “Read twice and referred to the Committee on Homeland Security and Governmental Affairs”
Dates and quoted wording are Congress.gov's action record; the timeline shows status changes, not every procedural step.
How this was measured
Analysis — Quorum's AI read the bill text published by Congress.gov (4,963 characters) on Aug 12, 2026. Section numbers in the findings refer to that text, linked below; transparency and hidden-provision scores are compared against the median of 16,222 analysed bills.
Status and sponsors — Congress.gov's bill record — actions, committee referrals and cosponsors — loaded nightly. The timeline shows status changes, not every procedural action.
As of — page rendered 2026-10-20.
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