Protecting Speech from Government Interference Act This bill generally prohibits federal employees from censoring the speech of others while acting in an official capacity. Specifically, the bill prohibits employees of executive agencies or who are otherwise in the competitive service from (1) using their official authority to influence or advocate for a third party, including a private entity, to censor speech; (2) censoring the speech of any person who has a pending regulatory application with, or is the subject of or a participant in an active enforcement action by, the employee's office; or (3) engaging in censorship while on duty, wearing a uniform, or using official government property. Certain presidential appointees may not censor speech at any time, including outside normal duty hours. Employees are subject to disciplinary action, civil penalties, or both for violations. The bill defines censor or censorship to include ordering or advocating for the removal of lawful speech, the addition of disclaimers, or the restriction of access with respect to any platform (e.g., social media).
Dismantling Investments in Violation of Ethical Standards through Trusts Act This bill prohibits a senior federal employee, his or her spouse, or dependent children from holding, purchasing, or selling certain financial instruments during the employee's term of service. Any profit made in violation of the prohibition must be disgorged to the Treasury and may subject the individual to a civil fine. The bill also requires the submission of an annual certification of compliance and requires the Government Accountability Office to conduct a compliance audit. A loss from a transaction or holding involving a covered financial instrument that is conducted in violation of this bill may not be deducted from the amount of income tax owed by the applicable senior federal employee, spouse, or dependent child. A senior federal employee who holds or conducts a transaction involving a covered financial instrument in violation of this bill may be subject to a civil fine assessed by the supervising ethics office.
Stopping Another Non-Truthful Office Seeker Act or the SANTOS Act This bill requires congressional candidates to file additional personal information with their principal campaign committees and the Federal Election Commission. The bill also imposes criminal penalties for knowingly and willfully violating this requirement, such as by providing false information. Specifically, the bill requires any individual who is a candidate for the House of Representatives or the Senate to provide information about their educational background, military service (if any), and employment history.
Legal Workforce Act This bill directs the Department of Homeland Security (DHS) to create an electronic employment eligibility confirmation system modeled after and to replace the E-Verify system, which allows employers and recruiters to verify the immigration status of individuals. The bill also mandates the use of such a system, where currently only some employers, such as those with federal contracts, are required to use E-Verify. The bill specifies documents that can establish an individual's identity and employment authorization. During the period starting when a job offer is made until three business days after hiring, the individual must attest to his or her employment authorization, and the employer or recruiter must attest that it has examined the individual's required documents. Employers shall reverify certain types of employees who were not previously verified using E-verify. The Social Security Administration shall notify employees if their Social Security number has been used multiple times in an unusual manner. DHS shall establish programs for blocking and suspending misused numbers. Employers that are required to use the verification system shall not be liable for any employment-related action based on a good-faith reliance on the information from the system. The bill establishes a phased-in participation deadline for different categories of employers, including agricultural employers. The bill increases civil penalties related to hiring individuals without work authorization. It also preempts state laws relating to hiring and employment eligibility verification, but states may use their authority of business licensing to penalize employers for failing to comply with the bill's provisions.
Patrick Underwood Federal Law Enforcement Protection Act of 2023 This bill revises the federal criminal statute that prohibits assaulting, resisting, or impeding certain federal officers or employees. Among other changes, the bill increases the applicable penalties for such offenses.
Preventing Opportunistic Returns on Trades and Futures by Officials, Leadership, and Individuals in Office Act or the PORTFOLIO Act This bill generally prohibits federal employees and officials from owning or trading in synthetic assets (i.e., tokenized derivatives). It also establishes financial disclosure requirements with respect to cryptocurrency. Specifically, the bill prohibits federal employees, Members of Congress, the President, and Vice President from owning or trading investments in a security, a commodity, a future, cryptocurrency, or any comparable economic interest acquired through synthetic means, such as through a derivative. Such investments must be divested through gift or donation, cashing out, or a qualified blind trust. The appropriate ethics office may grant temporary exemptions in certain situations, such as for preexisting complex financial arrangements from which investments cannot be withdrawn, and may assess fees for violations. The Department of Justice may also bring civil actions for violations. The bill also (1) incorporates cryptocurrency and other digital assets into current financial disclosure requirements; (2) modifies the categories and timelines for financial disclosures; and (3) requires agencies, ethics offices, and the Department of Justice to regularly report on violations of this bill and other related requirements.
Back the Blue Act of 2023 This bill establishes new criminal offenses for killing, assaulting, and fleeing to avoid prosecution for killing a judge, law enforcement officer, or public safety officer. Additionally, the bill expands the list of statutory aggravating factors in death penalty determinations to also include the killing or attempted killing of a law enforcement officer, judge, prosecutor, or firefighter or other first responder; broadens the authority of federal law enforcement officers to carry firearms; and limits federal court review of challenges to state court convictions for killing a public safety officer or judge. Finally, it directs the Department of Justice to make grants to law enforcement agencies and nongovernmental organizations to promote trust and improve relations between law enforcement agencies and the communities they serve.
Protecting Life on College Campus Act of 2023 This bill prohibits the award of federal funds to an institution of higher education (IHE) that hosts or is affiliated with a school-based service site that provides abortion drugs or abortions to its students or to employees of the IHE or the site. An IHE that hosts or is affiliated with a site must, in order to remain eligible for federal funds, annually certify that the site does not provide abortion drugs or abortions to students or employees.
Qualified Immunity Act of 2023 This bill provides statutory authority for qualified immunity for law enforcement officers in civil cases involving constitutional violations. Current law provides a statutory civil cause of action against state and local government actors (e.g., law enforcement officers) for violations of constitutional rights, also known as Section 1983 lawsuits. The Supreme Court has also found an implied cause of action against federal law enforcement officers in certain situations (e.g., Fourth Amendment violations), also known as Bivens lawsuits. However, under the judicial doctrine of qualified immunity, government officials performing discretionary duties are generally shielded from civil liability, unless their actions violate clearly established rights of which a reasonable person would have known. The bill provides statutory authority for these principles with respect to law enforcement officers. Specifically, under the bill, law enforcement officers are entitled to qualified immunity if (1) at the time of the alleged violation, the constitutional right at issue was not clearly established or the state of the law was not sufficiently clear for every reasonable officer to know that the conduct was unconstitutional; or (2) a court has held that the specific conduct at issue is constitutional. The bill applies to federal, state, and local law enforcement officers. It also specifies that law enforcement agencies and local governments may not be held liable if their officers are entitled to qualified immunity.
Richard L. Trumka Protecting the Right to Organize Act of 2023 This bill expands various labor protections related to employees' rights to organize and collectively bargain in the workplace. Among other things, it (1) revises the definitions of employee, supervisor, and employer to broaden the scope of individuals covered by the fair labor standards; (2) permits labor organizations to encourage participation of union members in strikes initiated by employees represented by a different labor organization (i.e., secondary strikes); and (3) prohibits employers from bringing claims against unions that conduct such secondary strikes. The bill also allows collective bargaining agreements to require all employees represented by the bargaining unit to contribute fees to the labor organization for the cost of such representation, notwithstanding a state law to the contrary; and expands unfair labor practices to include prohibitions against replacement of, or discrimination against, workers who participate in strikes. The bill makes it an unfair labor practice to require or coerce employees to attend employer meetings designed to discourage union membership and prohibits employers from entering into agreements with employees under which employees waive the right to pursue or a join collective or class-action litigation. The bill further prohibits employers from taking adverse actions against an employee, including employees with management responsibilities, in response to that employee participating in protected activities related to the enforcement of the prohibitions against unfair labor practices (i.e., whistleblower protections). Such protected activities include providing information about a potential violation to an enforcement agency, participating in an enforcement proceeding, initiating a proceeding concerning an alleged violation or assisting in such a proceeding, or refusing to participate in an activity the employee reasonably believes is a violation of labor laws. Finally, the bill addresses the procedures for union representation elections, provides employees with the ability to vote in such elections remotely by telephone or the internet, modifies the protections against unfair labor practices that result in serious economic harm, and establishes penalties and permits injunctive relief against entities that fail to comply with National Labor Relations Board orders.