S.Amdt. 3089

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require agencies to include a list of outdated or duplicative reporting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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