I
119THCONGRESS
1
STSESSION H. R. 162
To provide for a right of action against Federal employees for violations
of First Amendment rights.
IN THE HOUSE OF REPRESENTATIVES
JANUARY3, 2025
Ms. H
AGEMAN(for herself, Ms. GREENEof Georgia, Mr. MASSIE, Mr. NEHLS,
Mr. C
LOUD, Mr. CRANE, Mr. BRECHEEN, Mr. OGLES, Mr. CLINE, and
Mr. M
OOREof 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 Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘First Amendment Ac-4
countability Act’’. 5
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•HR 162 IH
SEC. 2. RIGHT OF ACTION AGAINST FEDERAL EMPLOYEES 1
FOR VIOLATIONS OF FIRST AMENDMENT 2
RIGHTS. 3
(a) I
NGENERAL.—A Federal employee who, under 4
color of any statute, ordinance, regulation, custom, or 5
usage, of the United States, subjects, or causes to be sub-6
jected, any citizen of the United States or any person 7
within the jurisdiction thereof to the deprivation of any 8
rights, privileges, or immunities secured by the First 9
Amendment, shall be liable to the party injured in an ac-10
tion at law, suit in equity, or other proper proceeding for 11
redress. 12
(b) E
XCEPTION.—This section does not authorize a 13
Federal employee to bring a suit against their Federal em-14
ployer or the Federal Government for conduct that is with-15
in the scope of the employment relationship. 16
(c) A
TTORNEY’SFEES.—In any action or proceeding 17
to enforce this Act, the court, in its discretion, may allow 18
the prevailing party, other than the United States, a rea-19
sonable attorney’s fee as part of the costs. 20
(d) D
EFINITION.—In this section, the term ‘‘Federal 21
employee’’ means an individual, other than the President 22
or the Vice President, who occupies a position in any agen-23
cy or instrumentality of the executive branch (including 24
any independent agency). 25
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•HR 162 IH
(e) SEVERABILITY.—If any provision of this Act or 1
the application of a provision of this Act to any person 2
or circumstance is held to be unconstitutional, the remain-3
der of this Act, and the application of the provisions to 4
any person or circumstance, shall not be affected thereby. 5
Æ
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