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BillIntroduced

First Amendment Accountability Act

H.R. 162January 3, 2025Rep. Hageman, Harriet M. [R-WY-At Large]View Original
LawCivil actions and liabilityFirst Amendment rightsGovernment employee pay, benefits, personnel managementLawyers and legal services

Summary

First Amendment Accountability ActThis bill creates a new federal cause of action for the deprivation of any rights, privileges, or immunities secured by the First Amendment by a federal employee acting under color of any statute, ordinance, custom, or usage of the United States.The term federal employee means an individual, other than the President or Vice President, who occupies a position in the Executive Branch.

Full Text

[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [H.R. 162 Introduced in House (IH)] <DOC> 119th CONGRESS 1st Session H. R. 162 To provide for a right of action against Federal employees for violations of First Amendment rights. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 3, 2025 Ms. Hageman (for herself, Ms. Greene of Georgia, Mr. Massie, Mr. Nehls, Mr. Cloud, Mr. Crane, Mr. Brecheen, Mr. Ogles, Mr. Cline, and Mr. Moore of Alabama) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To provide for a right of action against Federal employees for violations of First Amendment rights. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``First Amendment Accountability Act''.

SEC. 2. RIGHT OF ACTION AGAINST FEDERAL EMPLOYEES FOR VIOLATIONS OF

FIRST AMENDMENT RIGHTS. (a) In General.--A Federal employee who, under color of any statute, ordinance, regulation, custom, or usage, of the United States, subjects, or causes to be subjected, any citizen of the United States or any person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the First Amendment, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. (b) Exception.--This section does not authorize a Federal employee to bring a suit against their Federal employer or the Federal Government for conduct that is within the scope of the employment relationship. (c) Attorney's Fees.--In any action or proceeding to enforce this Act, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs. (d) Definition.--In this section, the term ``Federal employee'' means an individual, other than the President or the Vice President, who occupies a position in any agency or instrumentality of the executive branch (including any independent agency). (e) Severability.--If any provision of this Act or the application of a provision of this Act to any person or circumstance is held to be unconstitutional, the remainder of this Act, and the application of the provisions to any person or circumstance, shall not be affected thereby. <all>