[Congressional Record Volume 170, Number 120 (Wednesday, July 24, 2024)]
[Senate]
[Page S5404]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3089. Mr. SCHMITT submitted an amendment intended to be proposed 
by him to the bill S. 2073, to amend title 31, United States Code, to 
require agencies to include a list of outdated or duplicative reporting 
requirements in annual budget justifications, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. 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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