[Congressional Record Volume 172, Number 49 (Wednesday, March 18, 2026)]
[Senate]
[Pages S1232-S1233]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4497. Mr. SCHIFF submitted an amendment intended to be proposed by
him to the bill S. 1383, to establish the Veterans Advisory Committee
on Equal Access, and for other purposes; which was ordered to lie on
the table; as follows:
At the appropriate place, insert the following:
[[Page S1233]]
SEC. __. PROHIBITION ON DISPLAYING BANNERS, PHOTOGRAPHS, OR
POSTERS OF THE SITTING PRESIDENT ON ANY FEDERAL
BUILDING.
(a) In General.--No public or private funds may be used to
display any banner, photograph, or poster larger than 8
inches by 11 inches depicting the sitting President or
political slogan from the presidential campaign of the
sitting President on the exterior or interior of any public
building (as defined in section 3301(a) of title 40, United
States Code).
(b) Private Right of Action.--
(1) Definition of instance.--In this subsection, the term
``instance'', with respect to a violation of this section,
means each discrete act constituting a violation of this
section, including each banner, photograph, poster, or
political slogan displayed in violation of subsection (a).
(2) Cause of action.--Any person, including any Member of
Congress, may bring a civil action against the United States,
officer, employee, or agent of the United States, or any
Federal department or agency for a violation of this section
if the violation was committed by an officer, employee, or
agent of the United States or any Federal department or
agency.
(3) Relief.--
(A) In general.--If a person prevails on a claim under this
subsection, the court shall award--
(i) for each instance of a violation of this section, the
greater of statutory damages of $100,000 and the amount of
actual damages;
(ii) reasonable attorney's fees and costs of litigation;
and
(iii) such injunctive or declaratory relief as may be
appropriate.
(B) Preliminary relief.--On motion by a person bringing a
cause of action under paragraph (2), a court may award such
preliminary injunctive relief as the court determines
appropriate with respect to that claim.
(4) Limitations and immunity.--
(A) Period of limitations.--A civil action under this
subsection may not be commenced later than the date that is 5
years after the date on which the applicable instance of the
violation of this section occurs.
(B) No immunity defense.--No officer, employee, or agent of
the United States or any Federal department or agency shall
be entitled to assert any form of absolute or qualified
immunity as a defense to liability under this subsection.
(5) Waiver of sovereign immunity.--The United States
expressly waives sovereign immunity with respect to an action
brought under this subsection.
______