First Amendment Accountability Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 162 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 162

    To provide for a right of action against Federal employees for 
                 violations of First Amendment rights.


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                    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

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                                 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.
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