Overview

Title

To provide a civil remedy for an individual whose rights have been violated by a person acting under Federal authority, and for other purposes.

ELI5 AI

The Bivens Act of 2024 wants to let people go to court when someone working for the federal government does something wrong and violates their rights, just like they can if a state-level official does it. It's like having a rule that makes sure everyone is treated fairly and can ask for help if they're not, whether the person in charge is from the federal government or a state.

Summary AI

H. R. 9262 proposes to offer a legal pathway for individuals to seek a civil remedy when their rights have been violated by someone who is acting under federal authority. The bill is titled the "Bivens Act of 2024" and it aims to amend Section 1979 of the Revised Statutes to include the United States, alongside any state, to ensure individuals can bring legal claims when federal authorities violate their rights. It was introduced by Mr. Johnson of Georgia and other co-sponsors in the House of Representatives and sent to the Committee on the Judiciary.

Published

2024-08-02
Congress: 118
Session: 2
Chamber: HOUSE
Status: Introduced in House
Date: 2024-08-02
Package ID: BILLS-118hr9262ih

Bill Statistics

Size

Sections:
2
Words:
242
Pages:
2
Sentences:
5

Language

Nouns: 81
Verbs: 14
Adjectives: 8
Adverbs: 0
Numbers: 9
Entities: 34

Complexity

Average Token Length:
3.87
Average Sentence Length:
48.40
Token Entropy:
4.40
Readability (ARI):
24.20

AnalysisAI

General Summary of the Bill

The legislation, referred to as the "Bivens Act of 2024" (H.R. 9262), seeks to provide a route for civil litigation against individuals whose rights have been violated by those acting under federal authority. Initially, laws like the Revised Statutes Section 1979 (42 U.S.C. 1983) allowed individuals to file a lawsuit if their constitutional rights were violated by someone acting under state law authority. This new bill proposes to expand those protections, so the same remedy could be available for violations perpetrated under the authority of the United States federal system.

Summary of Significant Issues

The bill addresses a significant issue by amending existing laws to include federal actors, thus broadening the scope of who can be held accountable for rights violations. While the current statute addresses violations under state authority, this amendment highlights a shift to also focus on the federal level. This inclusion of "of the United States or" in the Revised Statutes presents potential complexities regarding legal interpretations and applications, likely requiring legal expertise to parse these implications thoroughly. Such changes might lead to broader civil rights litigation involving federal actors.

Impact on the Public

For the general public, the bill's passage could mean enhanced protection against rights violations, effectively providing citizens a clearer pathway to seek remedies when harmed by federal authorities. This potentially empowers individuals by offering them a legal venue to challenge abuses that were previously challenging to address under the federal framework. People whose rights might have been curtailed or violated could find themselves with better avenues for justice and accountability.

Nevertheless, the complexity of the legal language might present challenges for ordinary citizens to fully understand how the law impacts them directly. This could necessitate community education efforts by various legal advocacy groups, ensuring that individuals are informed about their rights and how to effectively utilize them in response to violations.

Impact on Specific Stakeholders

The proposed expansion could significantly impact federal employees and agencies, who might face increased scrutiny and potential litigation. This could lead both to increased accountability and to potential administrative burdens as these entities might need to adjust their procedures to minimize risk of litigation.

On the positive side, groups focused on civil liberties and individual rights might see this law as a victory, providing tools to hold federal agents accountable, thus potentially reducing instances of rights violations. Conversely, federal entities might view this expansion with concern, anticipating increased legal challenges that could strain resources.

Overall, while the bill proposes considerable alterations to existing legal frameworks, it aligns with efforts to bolster civil rights protections, balancing individuals' rights with the accountabilities of federal authorities.

Issues

  • The amendment to Section 1979 of the Revised Statutes (42 U.S.C. 1983) to include 'of the United States or' alongside 'of any State' potentially expands the scope of civil actions against federal actors. This could have significant legal and political implications, affecting how individuals can seek remedies for rights violations by federal authorities. This is detailed in Section 2.

  • The complex legal language involved in amending Section 1979 of the Revised Statutes may pose challenges in understanding for those without legal expertise, impacting public comprehension of the bill's effects and its implications on civil rights litigation, as noted in Section 2.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The section gives the short title of the Act, which is called the "Bivens Act of 2024".

2. Civil action against person acting under Federal authority Read Opens in new tab

Summary AI

The amendment to Section 1979 of the Revised Statutes (42 U.S.C. 1983) adds wording to include people acting under the authority of the United States, not just those acting under the authority of any State, in civil actions.