Description:
H.R. 4848 would create a new right of action against a federal employee in their personal capacity if they violate the First Amendment rights of any person within the United States. The legislation would exempt the President and Vice-President from that liability. The bill also would not authorize the right of action for a federal employee who brings a suit against their employer or the federal government for conduct within the scope of their employment. CBO estimates that the administrative costs associated with implementing the bill would be less than $500,000 over the 2024-2029 period because few cases are likely to be affected. Any related spending would be subject to the availability of appropriated funds. CBO has not reviewed H.R. 4848 for intergovernmental or private-sector mandates because section 4 of the Unfunded Mandates Reform Act excludes from the application of that act any legislative provisions that would enforce the constitutional rights of individuals. CBO has determined that this bill falls within that exclusion because it enforces the First Amendment rights of all individuals within the United States.
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