First Amendment Accountability Act

119 HR 162 IH: First Amendment Accountability Act U.S. House of Representatives 2025-01-03 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. I 119th CONGRESS 1st Session H. R. 162 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. 1. Short title This Act may be cited as the First Amendment Accountability Act . 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.