HR 162
First Amendment Accountability Act
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- Passed House
- Passed Senate
- To President
- Became Law
Bill overview
This bill creates a new legal pathway for individuals to sue federal employees who violate their First Amendment rights. It establishes a federal cause of action against federal employees acting under the authority of U.S. laws or regulations when they cause a citizen or person to lose First Amendment protections. The bill also allows courts to award attorney’s fees to the prevailing party in successful lawsuits, excluding the United States government. Finally, it clarifies that federal employees cannot use this law to sue their employers or the federal government for actions taken within their job duties.
Key provisions
- Creates a federal cause of action for First Amendment violations by federal employees.
- Defines ‘Federal employee’ as anyone in the executive branch excluding the President and Vice President.
- Allows lawsuits against federal employees who violate First Amendment rights ‘under color of’ U.S. law.
- Provides for attorney’s fees to the prevailing party in successful lawsuits (excluding the U.S.).
- Specifies that federal employees cannot sue their employers or the federal government for actions within their employment.
Who is affected
- Federal Employees
- Citizens of the United States
- Individuals within the jurisdiction of the United States
- Federal Agencies
- The United States Government
Notable changes
- Establishes a new federal remedy for First Amendment violations by federal employees.
- Clarifies the scope of liability for federal employees under the First Amendment.
Sponsors
Official sponsors from legislative records.
Primary sponsor
Harriet M. [R-WY-At Large] Hageman
Cosponsors
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119th CONGRESS — 1st Session
H. R. 162
IN THE HOUSE OF REPRESENTATIVES
A BILL
To provide for a right of action against Federal employees for violations of First Amendment rights.
This Act may be cited as the First Amendment Accountability Act
.
Federal employeemeans 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).