Bill Details
View committees (1)
View cosponsors (15)
- Rep. Greene, Marjorie Taylor [R-Georgia-14]
- Rep. Massie, Thomas [R-Kentucky-4]
- Rep. Nehls, Troy E. [R-Texas-22]
- Rep. Cloud, Michael [R-Texas-27]
- Rep. Crane, Elijah [R-Arizona-2]
- Rep. Brecheen, Josh [R-Oklahoma-2]
- Rep. Ogles, Andrew [R-Tennessee-5]
- Rep. Cline, Ben [R-Virginia-6]
- Rep. Moore, Barry [R-Alabama-1]
- Rep. Donalds, Byron [R-Florida-19]
- Rep. Van Drew, Jefferson [R-New Jersey-2]
- Rep. Tiffany, Thomas P. [R-Wisconsin-7]
- Rep. Harris, Mark [R-North Carolina-8]
- Rep. Gosar, Paul A. [R-Arizona-9]
- Rep. Steube, W. Gregory [R-Florida-17]
AI Summary This summary was generated by AI from the bill text. AI can get information wrong.
This bill would let people sue federal employees who, acting under federal authority, violate someone’s rights under the First Amendment. In simple terms, it creates a legal path for someone to hold a federal worker personally responsible if that worker unlawfully interferes with free speech, religious freedom, or other First Amendment protections. It also allows courts to award attorney’s fees to the winning side in some cases. The bill does not apply to the President or Vice President, and it includes a standard rule saying that if part of the law is struck down, the rest can still stay in effect.
- It creates a right to bring a lawsuit against a federal employee who causes a First Amendment violation while acting under federal authority.
- People who win such a case may be able to recover reasonable attorney’s fees, at the court’s discretion.
- The bill defines “federal employee” to include workers in executive branch agencies and independent agencies, but not the President or Vice President.
- It also says the law does not allow a federal employee to sue the federal government or their federal employer for actions taken within the scope of the job, and it includes a severability rule if any part is found unconstitutional.
Official Summaries
First Amendment Accountability Act
This 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.
Current 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.
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