113 S2232 IS: First Amendment Protection Act U.S. Senate 2014-04-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II 113th CONGRESS2d Session S. 2232 IN THE SENATE OF THE UNITED STATES April 9, 2014 Mr. Toomey introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To protect the right to freedom of speech secured by the First Amendment to the Constitution, and for other purposes.

1.

Short title

This Act may be cited as the First Amendment Protection Act.

2.

Definitions

In this Act—(a)the term Executive agency has the meaning given the term in section 105 of title 5, United States Code; and(b)the term record means any item, collection, or grouping of information about an individual or group that is maintained by an Executive agency, including, but not limited to, education, financial transactions, medical information, tax information, address, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph.

3.

Protection of freedom of speech

(a)

Cause of action

Any officer or employee of an Executive agency who in the course of an investigation, audit, decision to disclose any record, or decision to grant a license, permit, or recognition of tax exempt status, discriminates against a person or group on the basis of the person’s or group’s political or religious viewpoint or affiliation in violation of the First Amendment’s guarantee of freedom of speech, shall be considered to have violated this Act.(b)

Remedies

(1)

In general

A person or group aggrieved of a violation of this Act may bring a civil action against the officer or employee, or former officer or employee, of an Executive agency in an appropriate district court of the United States for damages or other legal or equitable relief.(2)

Considerations

In determining whether to award compensatory damages, other restitution, or punitive damages in a civil action brought under paragraph (1), the court shall consider the amount of the benefits the officer or employee of the Executive agency is entitled to collect relating to service as an officer or employee, including retirement benefits, and may include the amount of those benefits, or a percentage of the amount of those benefits, in the amount of any damages awarded.(c)

Attorney’s fees and expert fees

In a civil action brought under subsection (b)(1), the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fees as part of the costs. In awarding an attorney’s fees under this section, the court, in its discretion, may include expert fees as part of the attorney’s fees.(d)

Effects on employment and benefits

Notwithstanding any other provision of law, including title 5, United States Code, or any contract, on and at any time after the date on which a court enters final judgment in an action brought under subsection (b)(1) in which the court determines that the officer or employee violated this Act, the head of the Executive agency may, without prior notice, terminate the officer or employee without cause and may terminate any or all of the benefits of the officer or employee relating to service as an officer or employee, including retirement benefits, without cause.(e)

Retroactive

Subsections (a) through (d) shall apply to conduct that occurred before the date of enactment of this Act.(f)

No preemption

The rights and remedies created by this Act shall be in addition to, and do not preempt, any other rights and remedies available at Federal or State law.(g)

Exclusion for employment disputes

This Act does not create a cause of action for any claim arising out of Federal employment, including, but not limited to, any cause of action that may be redressed by the Merit Systems Protection Board, the Equal Employment Opportunity Commission, or the Federal Labor Relations Authority.

4.

Protection from government delay

Section 7428(a)(1)(A) of the Internal Revenue Code of 1986 is amended by striking organization described in section 501(c)(3) which is exempt and inserting organization described in paragraph (3), (4), (5), or (6) of subsection (c) of section 501, which is exempt.