S. 304Senate114th Congress (2015-2017)Passed Congress

Motor Vehicle Safety Whistleblower Act

Sponsored by John ThuneSen. John Thune (R-SD)
Introduced January 29, 2015

Legislative Activity

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25 earlier actions
SenateFloor Latest Action

Message on House action received in Senate and at desk: House amendment to Senate bill.

July 14, 2016

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SenateIntro Referral

Introduced in Senate

January 29, 2015

SenateIntro Referral

Read twice and referred to the Committee on Commerce, Science, and Transportation. (Sponsor introductory remarks on measure: CR S655-656)

January 29, 2015

SenateCommittee

Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.

February 26, 2015

SenateCommittee

Committee on Commerce, Science, and Transportation. Reported by Senator Thune with an amendment in the nature of a substitute. With written report No. 114-13.

April 13, 2015

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 36.

April 13, 2015

SenateFloor

Passed Senate with an amendment by Unanimous Consent. (consideration: CR S2487-2488; text as passed Senate: CR S2487-2488)

April 28, 2015

SenateFloor

Message on Senate action sent to the House.

April 29, 2015

HouseFloor

Received in the House.

April 29, 2015 • 12:42 PM

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

April 29, 2015

HouseCommittee

Referred to the Subcommittee on Commerce, Manufacturing, and Trade.

May 1, 2015

HouseFloor

Rules Committee Resolution H. Res. 822 Reported to House. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Provides for consideration of the Senate amendment to the House amendment to S. 764. The resolution makes in order a motion that the House agree to the Senate amendment to the House amendment to S. 764.

July 12, 2016 • 11:40 PM

HouseFloor

Rule H. Res. 822 passed House.

July 13, 2016 • 2:44 PM

HouseFloor

ORDER OF PROCEDURE - Mrs. Blackburn asked unanimous consent that the question of adopting a motion to recommit on S. 304 may be subject to postponement as though under clause 8 of rule 20. Agreed to without objection.

July 13, 2016 • 2:45 PM

HouseFloor

Considered under the provisions of rule H. Res. 822. (consideration: CR H4844-4860)

July 13, 2016 • 2:45 PM

HouseFloor

Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Provides for consideration of the Senate amendment to the House amendment to S. 764. The resolution makes in order a motion that the House agree to the Senate amendment to the House amendment to S. 764.

July 13, 2016 • 2:45 PM

HouseFloor

DEBATE - The House proceeded with one hour of debate on S. 304.

July 13, 2016 • 2:46 PM

HouseFloor

The previous question was ordered pursuant to the rule.

July 13, 2016 • 4:06 PM

HouseFloor

Ms. Wasserman Schultz moved to recommit with instructions to the Committee on Energy and Commerce. (consideration: CR H4859; text: CR H4859)

July 13, 2016 • 4:06 PM

HouseFloor

DEBATE - The House proceeded with 10 minutes of debate on the motion to recommit with instructions, pending the reservation of a point of order. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to add a section to the bill prohibiting the provisions of section 3 from applying to the extent that such provisions would reduce access to health care services to prevent, prepare for, or respond to the Zika virus. The reservation was subsequently withdrawn.

July 13, 2016 • 4:06 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on the motion to recommit with instructions, the Chair put the question on agreeing to the motion, and by voice vote, announced that the nays had prevailed. Ms. Wasserman Shultz demanded the yeas and nays and the Chair postponed further proceedings on the motion until a time to be announced.

July 13, 2016 • 4:14 PM

HouseFloor

Considered as unfinished business. (consideration: CR H4866)

July 13, 2016 • 5:36 PM

HouseFloor

On motion to recommit with instructions Failed by the Yeas and Nays: 182 - 244 (Roll no. 442).

July 13, 2016 • 5:42 PM

SenateFloor

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 245 - 182 (Roll no. 443).(text: CR H4844-4845)

July 13, 2016 • 5:48 PM

HouseFloor

On passage Passed by the Yeas and Nays: 245 - 182 (Roll no. 443). (text: CR H4844-4845)

July 13, 2016 • 5:48 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

July 13, 2016 • 5:48 PM

SenateFloor

Message on House action received in Senate and at desk: House amendment to Senate bill.

July 14, 2016

Amendments

1 amendment

Offered to this bill

Floor Debate

19 members

What members said about S. 304 on the floor

8 Republicans11 Democrats
Lisa Murkowski
Sen. Lisa MurkowskiR-AK · Jan 29, 2015

Mr. President, as we just heard, the House has sent over legislation they have moved through that body that would allow for export of LNG. As we speak, in the Energy and Natural Resources Committee…

John Cornyn
Sen. John CornynR-TX · Jan 29, 2015

The following Senator is necessarily absent: the Senator from Florida (Mr. Rubio). I move to lay that motion on the table. The motion to lay on the table was agreed to. Amendment No. 77 The following…

Benjamin L. Cardin
Sen. Benjamin L. CardinD-MD · Jan 29, 2015

Madam President, I ask unanimous consent that I take a few minutes to debate the next amendment and save a little bit of time at the end by withdrawing the amendment. Madam President, as we consider…

Richard Burr
Sen. Richard BurrR-NC · Jan 29, 2015

Madam President, I will be brief, but I would like my colleagues' attention because we have an opportunity today to take a program that functions well, that this body designed, funded from royalties…

Lamar Alexander
Sen. Lamar AlexanderR-TN · Jan 29, 2015

Mr. President, I ask unanimous consent to speak for up to 15 minutes, and that following me, the Senator from North Carolina be recognized for up to 15 minutes. Mr. President, I am advised by the…

Show 8 more
Susan M. Collins
Sen. Susan M. CollinsR-ME · Jan 29, 2015

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I ask unanimous consent that the Senator from Florida, Mr. Nelson, and I be permitted to proceed…

Elizabeth Warren
Sen. Elizabeth WarrenD-MA · Jan 29, 2015

Mr. President, I come to the floor today to announce the introduction of the Medical Innovation Act, which is a commonsense proposal that could dramatically increase our Nation's investment in…

Maria Cantwell
Sen. Maria CantwellD-WA · Jan 29, 2015

I know originally we pushed the bill back, so I am happy to move it back to reclaim some of that time and help us. I know there are a few things which have been worked out, and we very much…

Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Jan 29, 2015

Mr. President, I wish to speak in opposition to the Keystone XL Pipeline. This bill will not help our economy, it will not create permanent jobs, and it certainly is not a boon to the environment. On…

Christopher Murphy
Sen. Christopher MurphyD-CT · Jan 29, 2015

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I know we are about to bring some final votes on Keystone to the floor, but I want to take a few…

John Thune
Sen. John ThuneR-SD · Jan 29, 2015

Mr. President, last year we saw an all-time record number of motor vehicle recalls, including those by General Motors, Toyota, Honda, and others. The commerce committee held five vehicle safety…

John Thune
Sen. John ThuneR-SD · Jan 29, 2015

Mr. President, last year we saw an all-time record number of motor vehicle recalls, including those by General Motors, Toyota, Honda, and others. The commerce committee held five vehicle safety…

John Hoeven
Sen. John HoevenR-ND · Jan 29, 2015

Madam President, I wish to thank the Senator from Alaska and the Senator from Washington as the bill managers. I think they have done an exceptional job. I know that is not just my opinion, but it is…

Show 11 more
Barbara A. Mikulski
Sen. Barbara A. MikulskiD-MD · Jan 29, 2015

Mr. President, today I am introducing the Accelerating Biomedical Research Act. The bill allows more funding for the National Institutes of Health by allowing NIH funding to grow even while we…

Jack Reed
Sen. Jack ReedD-RI · Jan 29, 2015

Mr. President, today I join with my colleagues Senators Cochran and Whitehouse in introducing the Strengthening Kids' Interest in Learning and Libraries, SKILLS, Act. Fifty years ago, when President…

Bill Nelson
Sen. Bill NelsonD-FL · Jan 29, 2015

Mr. President, this bill is borne out of the work Senator Collins and I did on the Special Committee on Aging. After we had a hearing on the condition of the American senior citizen, it was certainly…

Bill Nelson
Sen. Bill NelsonD-FL · Jan 29, 2015

Mr. President, in light of the late hour, just before our votes, I will submit for the Record a statement which correlates with the chairman of our committee, and I thank the Senator for so much of…

Bill Nelson
Sen. Bill NelsonD-FL · Jan 29, 2015

Mr. President, in light of the late hour, just before our votes, I will submit for the Record a statement which correlates with the chairman of our committee, and I thank the Senator for so much of…

Sherrod Brown
Sen. Sherrod BrownD-OH · Jan 29, 2015

Mr. President, I ask unanimous consent to speak as in morning business for up to 5 minutes. Mr. President, I rise to discuss the Children's Health Insurance Program. This Congress 20 years ago passed…

Debbie Stabenow
Sen. Debbie StabenowD-MI · Jan 29, 2015

Mr. President, I assume there is a little bit of time to make a couple of comments as we are waiting. I would commend the chairwoman of the Energy and Natural Resources Committee, for she and the…

Edward J. Markey
Sen. Edward J. MarkeyD-MA · Jan 29, 2015

Mr. President, throughout my career, I have been proud to stand up for equality for all Americans regardless of their sexual orientation or gender identity. While I have seen much progress with…

Lisa Murkowski
Sen. Lisa MurkowskiR-AK · Jan 29, 2015

Mr. President, I rise today to reintroduce legislation which has been proposed in the past by the Alaska Congressional Delegation to officially restore the traditional name of the nation's highest…

David Vitter
Sen. David VitterR-LA · Jan 29, 2015

Thank you, Mr. President. I want to thank the Senator for her kind words and continuing commitment to work on revenue-sharing measures. As her new role as the Chair of the Energy and Natural…

Edward J. Markey
Sen. Edward J. MarkeyD-MA · Jan 29, 2015

Mr. President, my amendment is very simple. It would require that before the Keystone XL Pipeline is deemed approved, we should determine whether carbon pollution, including the carbon pollution from…

Bill Text

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Engrossed Amendment HouseIssued July 13, 2016

114th CONGRESS

2d Session

In the House of Representatives, U. S.,

July 13, 2016

AMENDMENT:

That the bill from the Senate (S. 304) entitled An Act to improve motor vehicle safety by encouraging the sharing of certain information., do pass with the following

Strike out all after the enacting clause and insert:

1.

Short title

This Act may be cited as the Conscience Protection Act of 2016.

2.

Findings

Congress finds as follows:

(1)

Thomas Jefferson stated a conviction common to our Nation’s founders when he declared in 1809 that [n]o provision in our Constitution ought to be dearer to man than that which protects the rights of conscience against the enterprises of the civil authority.

(2)

In 1973, the Supreme Court concluded that the government must leave the abortion decision to the medical judgment of the pregnant woman’s attending physician, recognizing that a physician may choose not to participate in abortion. Roe v. Wade, 410 U.S. 113, 164 (1973). The Court cited with approval a policy that neither physician, hospital, nor hospital personnel shall be required to perform any act violative of personally-held moral principles, 410 U.S. at 143 n. 38, and cited State laws upholding this principle. Doe v. Bolton, 410 U.S. 179, 197–8 (1973).

(3)

Congress’s enactments to protect this right of conscience in health care include the Church amendment of 1973 (42 U.S.C. 300a–7), the Coats/Snowe amendment of 1996 (42 U.S.C. 238n), and the Weldon amendment approved by Congresses and Presidents of both parties every year since 2004.

(4)

None of these laws explicitly provides a private right of action so victims of discrimination can defend their conscience rights in court, and administrative enforcement by the Department of Health and Human Services Office for Civil Rights has been lax, at times allowing cases to languish for years without resolution.

(5)

Defying the Federal Weldon amendment, California’s Department of Managed Health Care has mandated coverage for all elective abortions in all health plans under its jurisdiction. Other States such as New York and Washington have taken or considered similar action, and some States may go farther to require all physicians and hospitals to provide or facilitate abortions. On June 21, 2016, the Administration concluded a nearly two-year investigation of this matter by determining that California’s decision to require insurance plans under the California Department for Managed Health Care authority to cover all legal abortion services did not violate the Weldon amendment. This interpretation means that individuals will have to choose between ignoring their conscience or forgoing health care coverage.

(6)

The vast majority of medical professionals do not perform abortions, with 86 percent of ob/gyns unwilling to provide them in a recent study (Obstetrics & Gynecology, Sept. 2011) and the great majority of hospitals choosing to do so in rare cases or not at all.

(7)

A health care provider’s decision not to participate in an abortion, like Congress’s decision not to fund most abortions, erects no new barrier to those seeking to perform or undergo abortions but leaves each party free to act as he or she wishes.

(8)

Such protection poses no conflict with other Federal laws, such as the law requiring emergency stabilizing treatment for a pregnant woman and her unborn child when either is in distress (Emergency Medical Treatment and Active Labor Act). As the Obama administration has said, these areas of law have operated side by side for many years and both should be fully enforced (76 Federal Register 9968–77 (2011) at 9973).

(9)

Reaffirming longstanding Federal policy on conscience rights and providing a right of action in cases where it is violated allows longstanding and widely supported Federal laws to work as intended.

3.

Prohibiting governmental discrimination against providers of health services that are not involved in abortion

Title II of the Public Health Service Act (42 U.S.C. 202 et seq.) is amended by inserting after section 245 the following:

245A.

Prohibiting governmental discrimination against providers of health services that are not involved in abortion

(a)

In general

Notwithstanding any other law, the Federal Government, and any State or local government that receives Federal financial assistance, may not penalize, retaliate against, or otherwise discriminate against a health care provider on the basis that the provider does not—

(1)

perform, refer for, pay for, or otherwise participate in abortion;

(2)

provide or sponsor abortion coverage; or

(3)

facilitate or make arrangements for any of the activities specified in this subsection.

(b)

Rule of construction

Nothing in this section shall be construed—

(1)

to prevent any health care provider from voluntarily electing to participate in abortions or abortion referrals;

(2)

to prevent any health care provider from voluntarily electing to provide or sponsor abortion coverage or health benefits coverage that includes abortion;

(3)

to prevent an accrediting agency, the Federal government, or a State or local government from establishing standards of medical competency applicable only to those who have knowingly, voluntarily, and specifically elected to perform abortions, or from enforcing contractual obligations applicable only to those who, as part of such contract, knowingly, voluntarily, and specifically elect to provide abortions;

(4)

to affect, or be affected by, section 1867 of the Social Security Act (42 U.S.C. 1395dd, commonly referred to as the Emergency Medical Treatment and Active Labor Act); or

(5)

to supersede any law enacted by any State for the purpose of regulating insurance, except as specified in subsection (a).

(c)

Administration

The Secretary shall designate the Director of the Office for Civil Rights of the Department of Health and Human Services—

(1)

to receive complaints alleging a violation of this section, section 245 of this Act, or any of subsections (b) through (e) of section 401 of the Health Programs Extension Act of 1973; and

(2)

to pursue the investigation of such complaints in coordination with the Attorney General.

(d)

Definitions

For purposes of this section:

(1)

Federal financial assistance

The term Federal financial assistance means Federal payments to cover the cost of health care services or benefits, or other Federal payments, grants, or loans to promote or otherwise facilitate health-related activities.

(2)

Health care provider

The term health care provider means—

(A)

an individual physician, nurse, or other health care professional;

(B)

a hospital, health system, or other health care facility or organization (including a party to a proposed merger or other collaborative arrangement relating to health services, and an entity resulting therefrom);

(C)

a provider-sponsored organization, an accountable care organization, or a health maintenance organization;

(D)

a social services provider that provides or authorizes referrals for health care services;

(E)

a program of training in the health professions or an applicant to or participant in such a program;

(F)

an issuer of health insurance coverage; or

(G)

a group health plan or student health plan, or a sponsor or administrator thereof.

(3)

State or local government that receives Federal financial assistance

The term State or local government that receives Federal financial assistance includes every agency and other governmental unit and subdivision of a State or local government, if such State or local government, or any agency or governmental unit or subdivision thereof, receives Federal financial assistance.

245B.

Civil action for certain violations

(a)

In general

A qualified party may, in a civil action, obtain appropriate relief with regard to a designated violation.

(b)

Definitions

For purposes of this section:

(1)

Qualified party

The term qualified party means—

(A)

the Attorney General of the United States; or

(B)

any person or entity adversely affected by the designated violation.

(2)

Designated violation

The term designated violation means an actual or threatened violation of—

(A)

section 245 or 245A of this Act; or

(B)

any of subsections (b) through (e) of section 401 of the Health Programs Extension Act of 1973 regarding an objection to abortion.

(c)

Administrative remedies not required

An action under this section may be commenced, and relief may be granted, without regard to whether the party commencing the action has sought or exhausted available administrative remedies.

(d)

Defendants in actions under this section may include governmental entities as well as others

(1)

In general

An action under this section may be maintained against, among others, a party that is a Federal or State governmental entity. Relief in an action under this section may include money damages even if the defendant is such a governmental entity.

(2)

Definition

For the purposes of this subsection, the term State governmental entity means a State, a local government within a State, and any agency or other governmental unit or subdivision of a State or of such a local government.

(e)

Nature of relief

In an action under this section, the court shall grant—

(1)

all necessary equitable and legal relief, including, where appropriate, declaratory relief and compensatory damages, to prevent the occurrence, continuance, or repetition of the designated violation and to compensate for losses resulting from the designated violation; and

(2)

to a prevailing plaintiff, reasonable attorneys’ fees and litigation expenses as part of the costs.

.

Clerk.