,,ii  #aacth ,,congress  #b;d ,session  
,s4 #bbcb  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,april #i1     
#bjad ,mr4 ,toomey introduced the       
following bill2 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            
,constitution1 and for other purposes4  
#a4 ,short title  ,this ,act may be     
cited as the ,first ,amendment          
,protection ,act4  #b4 ,definitions ,in 
this ,act-- 7a7 the term ,executive     
agency has the meaning given the term in
 section #aje of title #e1 ,united      
,states ,code2 and  7b7 the term record 
means any item1 collection1 or grouping 
of information about an individual or   
group that is maintained by an          
,executive agency1 including1 but not   
limited to1 education1 financial        
transactions1 medical information1 tax  
information1 address1 and criminal or   
employment history and that contains his

 name1 or the identifying number1       
symbol1 or other identifying particular 
assigned to the individual1 such as a   
finger or voice print or a photograph4  
#c4 ,protection of freedom of speech    
7a7 ,cause of action ,any officer or    
employee of an ,executive agency who in 
the course of an investigation1 audit1  
decision to disclose any record1 or     
decision to grant a license1 permit1 or 
recognition of tax exempt status1       
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    
speech1 shall be considered to have     
violated this ,act4  7b7 ,remedies  7#a7
 ,in general ,a person or group         
aggrieved of a violation of this ,act   
may bring a civil action against the    
officer or employee1 or former officer  
or employee1 of an ,executive agency in 
an appropriate district court of the    
,united ,states for damages or other    

legal or equitable relief4  7#b7        
,considerations ,in determining whether 
to award compensatory damages1 other    
restitution1 or punitive damages in a   
civil action brought under paragraph    
7#a71 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 employee1 including    
retirement benefits1 and may include the
 amount of those benefits1 or a         
percentage of the amount of those       
benefits1 in the amount of any damages  
awarded4  7c7 ,attorney's fees and      
expert fees ,in a civil action brought  
under subsection 7b77#a71 the court1 in 
its discretion1 may allow the prevailing
 party1 other than the ,united ,states1 
a reasonable attorney's fees as part of 
the costs4 ,in awarding an attorney's   
fees under this section1 the court1 in  
its discretion1 may include expert fees 
as part of the attorney's fees4  7d7    
,effects on employment and benefits     

,notwithstanding any other provision of 
law1 including title #e1 ,united ,states
 ,code1 or any contract1 on and at any  
time after the date on which a court    
enters final judgment in an action      
brought under subsection 7b77#a7 in     
which the court determines that the     
officer or employee violated this ,act1 
the head of the ,executive agency may1  
without prior notice1 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 employee1      
including retirement benefits1 without  
cause4  7e7 ,retroactive ,subsections   
7a7 through 7d7 shall apply to conduct  
that occurred before the date of        
enactment of this ,act4  7f7 ,no        
preemption ,the rights and remedies     
created by this ,act shall be in        
addition to1 and do not preempt1 any    
other rights and remedies available at  
,federal or ,state law4  7g7 ,exclusion 
for employment disputes ,this ,act does 

not create a cause of action for any    
claim arising out of ,federal           
employment1 including1 but not limited  
to1 any cause of action that may be     
redressed by the ,merit ,systems        
,protection ,board1 the ,equal          
,employment ,opportunity ,commission1 or
 the ,federal ,labor ,relations         
,authority4  #d4 ,protection from       
government delay ,section               
#gdbh7;a77#a77;,a7 of the ,internal     
,revenue ,code of #aihf is amended by   
striking organization described in      
section #eja7;c77#c7 which is exempt and
 inserting organization described in    
paragraph 7#c71 7#d71 7#e71 or 7#f7 of  
subsection 7c7 of section #eja1 which is
 exempt4