First Amendment Protection Act

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 section 105 (b) the term record 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) organization described in section 501(c)(3) which is exempt organization described in paragraph (3), (4), (5), or (6) of subsection (c) of section 501, which is exempt

Summary: First Amendment Protection Act - Establishes a cause of action that may be brought against a federal executive agency officer or employee 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's or group's political or religious viewpoint or affiliation in violation of the First Amendment's guarantee of freedom of speech. Defines "record" as any item, collection, or grouping of information about an individual or group that: (1) is maintained by an executive agency, including education, financial transactions, medical information, tax information, address, and criminal or employment history; and (2) contains an individual's name or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph. Permits a person or group aggrieved of such a violation to bring a civil action in federal court against the officer or employee (or former officer or employee) for damages or other legal or equitable relief. Allows the court to include the retirement benefits of such an officer or employee in the amount of any damages awarded. Authorizes the head of an executive agency, if a court determines that an officer or employee of the agency has violated this Act, to terminate such officer or employee and such officer's or employee's benefits, including retirement benefits, without cause. Provides for such cause of action and termination authority to apply to conduct that occurred before the enactment of this Act. Expands the categories of nonprofit organizations authorized to file a pleading with a federal court for a declaratory judgment regarding their qualification for tax-exempt status (including any revocation of or change in qualification) to include: (1) civic leagues or organizations; (2) labor, agricultural, or horticultural organizations; and (3) business leagues, chambers of commerce, real-estate boards, boards of trade, or professional football leagues.