Access to the American Courts Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 2009 To clarify access to courts of the United States for persons seeking redress for a violation of a constitutional right by the United States or any agent, person, or entity acting in the name of the United States, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 18, 2021 Mr. DANNY K. DAVIS of Illinois introduced the following bill; which was referred to the Committee on the Judiciary A BILL To clarify access to courts of the United States for persons seeking redress for a violation of a constitutional right by the United States or any agent, person, or entity acting in the name of the United States, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Access to the American 4 Courts Act of 2021’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 VerDate Sep 11 2014 03:14 May 15, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2009.IH H2009 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 2009 IH (1) The United States Constitution sets forth 1 limits on the ability of the United States to act. 2 (2) The Constitution would not have been 3 adopted and therefore the United States of America 4 would not have been formed or come into existence 5 unless the Bill of Rights, the first 10 Amendments 6 to the Constitution, had not been adopted prior to 7 its approval by the first 13 States forming the 8 United States of America. 9 (3) The right of the American people to hold 10 the United States accountable for violations of the 11 Constitution committed by people acting allegedly in 12 the name of the United States has been the corner- 13 stone and bedrock upon which the freedom of the 14 American people has been based. 15 (4) The right of the American people to come 16 before a court and seek redress and thereby hold the 17 Government of the United States accountable for 18 violations of the Constitution is now seriously dis- 19 puted. 20 (5) The Executive Branch of the United States 21 Government has asserted, in actions filed in the 22 United States courts by Americans seeking redress 23 for alleged Constitutional violations, that no one can 24 sue the Government, even for a Constitutional viola- 25 VerDate Sep 11 2014 03:14 May 15, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2009.IH H2009 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 2009 IH tion, unless the Government first agrees to be sued. 1 The Executive Branch has asserted an overbroad in- 2 terpretation of the extent of sovereign immunity, 3 which bars suits against the Government based on 4 statutory violations, to now include suits based on 5 Constitutional violations as well. 6 (6) The effect of the Executive Branch’s exten- 7 sion of sovereign immunity so as to include constitu- 8 tional rights as well as statutory rights would be 9 that— 10 (A) the Bill of Rights would be converted 11 to a mere a bill of suggested rights; and 12 (B) constitutional rights would be enforce- 13 able only when and if the Government deigns to 14 grant permission for their individual enforce- 15 ment on a case-by-case basis. 16 (7) The Bill of Rights and the other Amend- 17 ments to the Constitution are not mere suggestions, 18 but the inherent and enforceable rights possessed by 19 all American people. These Amendments grant to all 20 Americans the right to seek redress for Constitu- 21 tional violations committed in the name of the 22 United States without first having to obtain the per- 23 mission of the Government before seeking such re- 24 dress in Federal court. 25 VerDate Sep 11 2014 03:14 May 15, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2009.IH H2009 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 2009 IH SEC. 3. SENSE OF CONGRESS. 1 It is the sense of Congress that— 2 (1) all Americans should have access Federal 3 courts in order to seek relief and redress for alleged 4 claims of violations of constitutional rights; and 5 (2) the doctrine of sovereign immunity, as well 6 as any assertion of any statute of limitation or equi- 7 table laches (under equity or statute) was never in- 8 tended to bar, restrict, hinder or otherwise delay ac- 9 cess to court or the filing of a claim seeking relief 10 or redress against the Government for an alleged 11 violation of a constitutional right. 12 SEC. 4. JURISDICTION OF DISTRICT COURTS. 13 The district courts of the United States shall have 14 jurisdiction to hear any complaint or claim for relief based 15 upon an alleged violation of a constitutional right by the 16 United States or any agent, person or entity acting in the 17 name of the United States. Each such court has authority 18 to grant any relief necessary to redress a violation of a 19 constitutional right, including monetary, injunctive, and 20 declaratory relief. 21 SEC. 5. RIGHT TO A JURY TRIAL. 22 A person filing an action in a district court of the 23 United States seeking redress for a violation of a constitu- 24 tional right by the United States or any agent, person, 25 or entity acting in the name of the United States shall 26 VerDate Sep 11 2014 03:14 May 15, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2009.IH H2009 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 2009 IH have the right to request a jury trial. In the case of an 1 action containing both constitutional and non-constitu- 2 tional claims against the United States, the court shall 3 may grant jury trial for all claims, and shall grant a jury 4 trial for the constitutional claims. 5 SEC. 6. ATTORNEY FEES AND COSTS. 6 In the case that the plaintiff prevails in an action 7 brought against the United States seeking redress for a 8 violation of a constitutional right by the United States or 9 any agent, person, or entity acting in the name of the 10 United States, the court shall award the plaintiff attorney 11 fees and costs. 12 Æ VerDate Sep 11 2014 03:14 May 15, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H2009.IH H2009 pbinns on DSKJLVW7X2PROD with BILLS