[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2616 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2616

    To provide for a right of action against Federal employees for 
violations of rights secured by the First Amendment to the Constitution 
             of the United States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 27, 2023

  Mr. Schmitt introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To provide for a right of action against Federal employees for 
violations of rights secured by the First Amendment to the Constitution 
             of the United States, and for other purposes.

    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 ``Censorship Accountability Act''.

SEC. 2. RIGHT OF ACTION AGAINST FEDERAL EMPLOYEES FOR VIOLATIONS OF 
              RIGHTS SECURED BY THE FIRST AMENDMENT TO THE CONSTITUTION 
              OF THE UNITED STATES.

    (a) 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 in the 
executive branch of the Federal Government, including in any 
independent agency in that branch.
    (b) Liability.--
            (1) 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 to the Constitution of the 
        United States, shall be liable to the party injured in an 
        action at law, suit in equity, or other proper proceeding for 
        redress.
            (2) Exception.--Under paragraph (1), a Federal employee may 
        not bring suit against the agency or instrumentality employing 
        the Federal employee, or against 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 
section, the court, in the discretion of the court, may allow the 
prevailing party, other than the United States, a reasonable attorney's 
fee as part of the costs.
    (d) Severability.--If any provision of this section, or the 
application of a provision of this section to any person or 
circumstance, is held to be unconstitutional, the remainder of this 
section, and the application of the provisions of this section to any 
person or circumstance, shall not be affected by that holding.
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