Conscience Protection Act of 2016

Bill: 114-s-304
Sponsor: Sen. Thune, John [R-SD]
Introduced: 2015-01-29 in the Senate
Policy area: Transportation and Public Works
Subjects: Administrative remedies
Civil actions and liability
Employment discrimination and employee rights
Motor vehicles
Product safety and quality
Transportation safety and security

Summary:
action_date: 2015-01-29
text: 

Motor Vehicle Safety Whistleblower Act 

 
 Prescribes certain whistleblower incentives and protections for motor vehicle manufacturer, part supplier, or dealership employees or contractors who voluntarily provide the Secretary of Transportation information relating to any motor vehicle defect, noncompliance, or any violation of any notification or reporting requirement which is likely to cause unreasonable risk of death or serious physical injury.
 
Authorizes the Secretary to pay awards to one or more whistleblowers in an aggregate amount of up to 30% of total monetary sanctions collected pursuant to an administrative or judicial action resulting in aggregate monetary sanctions exceeding $1 million.
 
Prohibits an award to any whistleblower who knowingly and willfully makes false representations. Subjects such a whistleblower to criminal penalties.

action_date: 2015-04-13
text: 

Motor Vehicle Safety Whistleblower Act 

 
 (Sec. 2) Prescribes certain whistleblower incentives and protections for motor vehicle manufacturer, part supplier, or dealership employees or contractors who voluntarily provide the Secretary of Transportation information relating to any motor vehicle defect, noncompliance, or any violation of any notification or reporting requirement which is likely to cause unreasonable risk of death or serious physical injury.
 
Authorizes the Secretary to pay awards to one or more whistleblowers in an aggregate amount of up to 30% of total monetary sanctions collected pursuant to an administrative or judicial action resulting in aggregate monetary sanctions exceeding $1 million.
 
Denies an award to any whistleblower who: 
 
 
is convicted of a criminal violation related to such administrative or judicial action;
 
 contributes to the alleged violation of a requirement under this Act;
 
submits to the Secretary information based on facts previously submitted by another whistleblower;
 
fails to provide original information to the Secretary in the appropriate form; or
 
fails to report or attempt to report the information internally to the motor vehicle manufacturer, parts supplier, or dealership, unless the whisltleblower reasonably believed it would have resulted in retaliation or was already known by the manufacturer, part supplier, or dealership. 
 
Prohibits also an award to any whistleblower who knowingly and willfully makes false representations. Subjects such a whistleblower to criminal penalties.
 
Requires nondisclosure of a whistleblower's identity, except in specified circumstances.
 
Authorizes a whistleblower to appeal Secretary determinations in the appropriate U.S. court of appeals.

action_date: 2015-04-28
text: 
(This measure has not been amended since it was reported to the Senate on April 13, 2015. The summary of that version is repeated here.)
 

Motor Vehicle Safety Whistleblower Act 

 
 (Sec. 2) Prescribes certain whistleblower incentives and protections for motor vehicle manufacturer, part supplier, or dealership employees or contractors who voluntarily provide the Secretary of Transportation information relating to any motor vehicle defect, noncompliance, or any violation of any notification or reporting requirement which is likely to cause unreasonable risk of death or serious physical injury.
 
Authorizes the Secretary to pay awards to one or more whistleblowers in an aggregate amount of up to 30% of total monetary sanctions collected pursuant to an administrative or judicial action resulting in aggregate monetary sanctions exceeding $1 million.
 
Denies an award to any whistleblower who: 
 
 
is convicted of a criminal violation related to such administrative or judicial action;
 
 contributes to the alleged violation of a requirement under this Act;
 
submits to the Secretary information based on facts previously submitted by another whistleblower;
 
fails to provide original information to the Secretary in the appropriate form; or
 
fails to report or attempt to report the information internally to the motor vehicle manufacturer, parts supplier, or dealership, unless the whisltleblower reasonably believed it would have resulted in retaliation or was already known by the manufacturer, part supplier, or dealership. 
 
Prohibits also an award to any whistleblower who knowingly and willfully makes false representations. Subjects such a whistleblower to criminal penalties.
 
Requires nondisclosure of a whistleblower's identity, except in specified circumstances.
 
Authorizes a whistleblower to appeal Secretary determinations in the appropriate U.S. court of appeals.

action_date: 2016-07-13
text: 

Conscience Protection Act of 2016

 
(Sec. 3) This bill amends the Public Health Service Act to codify the prohibition against the federal government and state and local governments that receive federal financial assistance for health-related activities penalizing or discriminating against a health care provider based on the provider's refusal to be involved in, or provide coverage for, abortion. Health care providers include health care professionals, health care facilities, social services providers, health care professional training programs, and health insurers.
 
The Office for Civil Rights of the Department of Health and Human Services, in coordination with the Department of Justice (DOJ), must investigate complaints alleging discrimination based on an individual's religious belief, moral conviction, or refusal to be involved in an abortion.
 DOJ or any entity adversely affected by such discrimination may obtain equitable or legal relief in a civil action. Administrative remedies do not need to be sought or exhausted prior to commencing an action or granting relief. Such an action may be brought against a governmental entity.

Legislative actions:
action_date: 2016-07-14
text: Message on House action received in Senate and at desk: House amendment to Senate bill.
action_date: 2016-07-13
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2016-07-13
text: On passage Passed by the Yeas and Nays: 245 - 182 (Roll no. 443). (text: CR H4844-4845)
action_date: 2016-07-13
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 245 - 182 (Roll no. 443).(text: CR H4844-4845)
action_date: 2016-07-13
text: On motion to recommit with instructions Failed by the Yeas and Nays: 182 - 244 (Roll no. 442).
action_date: 2016-07-13
text: Considered as unfinished business. (consideration: CR H4866)
action_date: 2016-07-13
text: 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.
action_date: 2016-07-13
text: 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.
action_date: 2016-07-13
text: Ms. Wasserman Schultz moved to recommit with instructions to the Committee on Energy and Commerce. (consideration: CR H4859; text: CR H4859)
action_date: 2016-07-13
text: The previous question was ordered pursuant to the rule.
action_date: 2016-07-13
text: DEBATE - The House proceeded with one hour of debate on S. 304.
action_date: 2016-07-13
text: 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.
action_date: 2016-07-13
text: Considered under the provisions of rule H. Res. 822. (consideration: CR H4844-4860)
action_date: 2016-07-13
text: 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.
action_date: 2016-07-13
text: Rule H. Res. 822 passed House.
action_date: 2016-07-12
text: 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.
action_date: 2015-05-01
text: Referred to the Subcommittee on Commerce, Manufacturing, and Trade.
action_date: 2015-04-29
text: Referred to the House Committee on Energy and Commerce.
action_date: 2015-04-29
text: Received in the House.
action_date: 2015-04-29
text: Message on Senate action sent to the House.
action_date: 2015-04-28
text: Passed Senate with an amendment by Unanimous Consent. (consideration: CR S2487-2488; text as passed Senate: CR S2487-2488)
action_date: 2015-04-28
text: Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(consideration: CR S2487-2488; text as passed Senate: CR S2487-2488)
action_date: 2015-04-13
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 36.
action_date: 2015-04-13
text: 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.
action_date: 2015-04-13
text: 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.
action_date: 2015-02-26
text: Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2015-01-29
text: Read twice and referred to the Committee on Commerce, Science, and Transportation. (Sponsor introductory remarks on measure: CR S655-656)
action_date: 2015-01-29
text: Introduced in Senate