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SWMissourian

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  1. Senator TRUEBLOOD, for himself (and with thanks to Representative BOOZMAN), introduced the following bill: 

    A BILL
    To provide for parental notification and intervention in the case of a minor seeking an abortion.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
    SECTION 1. SHORT TITLE.

    This Act may be cited as the “Parental Notification and Intervention Act of 2009”.

     

    SEC. 2. PARENTAL NOTIFICATION.

    (a) It shall be unlawful for any person or organization to perform any abortion on an unemancipated minor under the age of 18, to permit the facilities of the entity to be used to perform any abortion on such a minor, or to assist in the performance of any abortion on such a minor, if the person or organization has failed to comply with the following requirements:

    (1) Unless there is clear and convincing evidence of physical abuse of the minor by the parent, written notification has been provided to the parents of the minor, informing the parents that an abortion has been requested for the minor.

    (2) There is compliance with a 96-hour waiting period after notice has been received by the parents.

    (3) There is compliance with the procedures contained in section 3 of this Act.

    (b) Whoever violates the provisions of subsection (a) of this section shall be fined not more than $1,000,000, or imprisoned not more than 10 years, or both.

    (c) The provisions of this section shall not apply if, with respect to an unemancipated minor for whom an abortion is sought, a defense or affirmative defense exists which would be applicable to other provisions of title 18, United States Code. In any such case, a physician other than the physician with principal responsibility for making the decision to perform the abortion must make a determination that—

    (1) a medical emergency exists in which an abortion on the minor is necessary due to a grave, physical disorder or disease of the minor that would, with reasonable medical certainty, cause the death of the minor if an abortion is not performed;

    (2) parental notification is not possible as a result of the medical emergency; and

    (3) certifications regarding compliance with paragraphs (1) and (2) of this subsection have been entered in the medical records of the minor, together with the reasons upon which the determinations are based, including a statement of relevant clinical findings.

    (d) For purposes of this section, any parental notification provided to comply with the provisions of subsection (a) shall be provided through the manner described in paragraph (1), or through the manner described in paragraph (2), as follows:

    (1) The notification shall be provided through certified mail in accordance with the following procedures:

    (A) The notification shall be addressed to the parent of the unemancipated minor.

    (B) The address used shall be the dwelling or usual place of abode of the parent.

    (C) Return receipt shall be requested.

    (D) Delivery shall be restricted to the parent.

    (2) The notification shall be delivered personally to the parent.

    (e) For purposes of this section, the term “parent” includes, but is not limited to, any legal guardian of the child.

     

    SEC. 3. PARENTAL INTERVENTION.

    Any parent required to be notified pursuant to section 2 of this Act may bring an action in the district court of the United States where the parent resides or where the unemancipated minor is located. The court shall issue an injunction barring the performance of the abortion until the issue has been adjudicated and the judgment is final. The court shall issue relief permanently enjoining the abortion unless the court determines that granting such relief would be unlawful.

     

    SEC. 4. EFFECTIVE DATE AND SEVERABILITY.

    (a) The provisions of this Act shall be severable. If any provision of this Act, or any application thereof, is found unconstitutional, that finding shall not affect any provision or application of the Act not so adjudicated.

    (b) The provisions of this Act shall take effect immediately upon enactment.

     

    PES: 

    Parental Notification and Intervention Act of 2009 - Prohibits any person or organization from performing, permitting facilities to be used to perform, or assisting in the performance of an abortion on an unemancipated minor unless: (1) written notification is provided to the parents of the minor informing the parents that an abortion has been requested, unless there is clear and convincing evidence of physical abuse of the minor by the parent; (2) there is compliance with a 96-hour waiting period after notice has been received by the parents; and (3) there is compliance with the judicial intervention process. Prescribes penalties of not more than a $1 million fine and/or imprisonment for not more than 10 years for violating such prohibition.

    Exempts a physician without principal responsibility for making the decision to perform the abortion if the physician determines that: (1) a medical emergency exists due to a grave, physical disorder or disease that would cause the minor's death if an abortion is not performed; (2) parental notification is not possible as a result of the emergency; and (3) certifications regarding compliance with such rules and the reasons upon which such determinations are based have been entered in the minor's medical records.

    Requires parental notification through certified mail or personal delivery.

    Authorizes a notified parent to bring an action in federal court which shall enjoin the abortion: (1) until the court's judgment is final; or (2) permanently unless the court determines that granting such relief would be unlawful.

  2. Senator TRUEBLOOD, for himself (and with thanks to Senator SPECTER), introduced the following bill: 

    A BILL
    To assist in the establishment of an interpretive center and museum in Bethlehem, Pennsylvania, to protect and interpret the history of the industrialization of the United States.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
    SECTION 1. SHORT TITLE.

    This Act may be cited as the “National Museum of Industrial History Act”.

     

    SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.—Congress finds that—

    (1) the economic and societal transition of the United States from an agricultural age to an industrial age, and the ongoing transformation of the United States to a postindustrial society, reflect and embody the fundamental spirit and ideals of the United States;

    (2) it is crucial that people in the United States have the opportunity to learn—

    (A) the history of the industrialization of the United States; and

    (B) the impact of industrialization on their way of life;

    (3) it is important to preserve the history of industrialization of the United States for future generations;

    (4) to ensure the protection, interpretation, and awareness of the history of the industrialization of the United Sates, key structures and artifacts relating to the process of industrialization must be preserved and exhibited in an educational museum;

    (5) the site of the former Bethlehem Steel Plant, which is the proposed site of the National Museum of Industrial History, has a particular relevance to the preservation and awareness of the history of industrialization;

    (6) on that site—

    (A) the Bethlehem Steel Plant began operation in the 1850s;

    (B) in 1853, the first commercial zinc production began;

    (C) Frederick W. Taylor conducted time and motion studies that became the basis for his principles of modern scientific management;

    (D) on June 1, 1887, the modern American defense industry was born when the Navy awarded the first armor plate contract to the Bethlehem Iron Company;

    (E) the steel plant produced armor plate for—

    (i) the battleships U.S.S. Maine and U.S.S. Texas; and

    (ii) other battleships, including the U.S.S. Wisconsin;

    (F) high-speed tool steel was perfected; and

    (G) in 1908, the 48 Grey Mill became the first rolling mill in the United States to produce large wide-flange steel beams; and

    (7) the site contains the oldest significant remains of bessemer steel production in the United States.

    (b) Purpose.—The purpose of this Act is to assist in the establishment of an interpretive center and museum in Bethlehem, Pennsylvania—

    (1) to ensure the protection of historical resources relating to industrialization; and

    (2) to interpret the impact of industrialization on the history of the United States.

     

    SEC. 3. INDUSTRIAL HISTORY INTERPRETIVE CENTER AND MUSEUM.

    (a) Definitions.—In this section:

    (1) CENTER.—The term “Center” means the interpretive center and museum to be located on the western end and central core of the former Bethlehem Steel Plant Site in Bethlehem, Pennsylvania.

    (2) SECRETARY.—The term “Secretary” means the Secretary of the Interior.

    (b) Assistance.—Not later than 180 days after the date on which funds are first made available to carry out this section, subject to the availability of appropriations, the Secretary shall offer to enter into an agreement with an appropriate entity under which the Secretary shall provide financial assistance to the entity for the development and operation of the Center.

    (c) Purposes Of Center.—The purposes of the Center shall be—

    (1) to preserve, display, and interpret historical resources relating to industrialization in the United States; and

    (2) to promote other historical and cultural resources in the region of the Center through activities conducted at the Center.

    (d) Terms Of Assistance.—

    (1) LIMITATIONS.—

    (A) COVERED EXPENSES.—Financial assistance provided under this section may be used at the Center only for—

    (i) facilities construction;

    (ii) acquisition of contemporary technology to be used primarily to enhance the presentation of historical information at the Center; and

    (iii) program development and implementation, including—

    (I) educational program development and implementation;

    (II) curriculum design and development;

    (III) other activities directly relating to providing programs at the Center; and

    (IV) salaries of staff carrying out any activity described in subclause (I), (II), or (III).

    (B) PROHIBITED EXPENSES.—Financial assistance provided under this section shall not be used for—

    (i) the acquisition of any item for the museum collection of the Center;

    (ii) administrative expenses;

    (iii) the acquisition of technology primarily used for administrative purposes; or

    (iv) staff salaries for administrative activities, except as provided in subparagraph (A)(iii)(IV).

    (2) MATCHING REQUIREMENT.—The Secretary shall require each party to an agreement under subsection (b) to provide funds from non-Federal sources for the purposes described in subsection (c) in an amount at least equal to the amount provided by the Secretary for those purposes under this section.

    (3) MAXIMUM AMOUNT; PAYMENT SCHEDULE.—

    (A) MAXIMUM AMOUNT.—The total amount of assistance provided by the Secretary under this section shall not exceed $25,000,000.

    (B) PAYMENT SCHEDULE.—

    (i) IN GENERAL.—The Secretary shall make payments of financial assistance under this section on an annual basis.

    (ii) INITIAL PAYMENT.—The initial payment under this section shall be made not later than 30 days after the date on which an agreement is entered into under subsection (b) by the Secretary and an appropriate entity.

    (iii) NUMBER OF PAYMENTS.—The Secretary shall make not less than 5 annual payments under this section.

    (e) Report.—

    (1) IN GENERAL.—For each calendar year during the 5-year period beginning on the date on which funds are first made available to carry out this section, the Secretary shall submit to Congress an annual report describing the implementation by the Secretary of this section.

    (2) CONTENTS.—Each report under paragraph (1) shall include a description of—

    (A) the current status of the development of the Center;

    (B) each project and activity funded under this section during the preceding calendar year; and

    (C) the unexpended balance, if any, of amounts made available to carry out this section.

    (f) Authorization Of Appropriations.—There is authorized to be appropriated to the Secretary $25,000,000 to carry out this section, to remain available until expended.

     

    PES: 

    National Museum of Industrial History Act - Directs the Secretary of the Interior to offer to enter into an agreement with an appropriate entity under which to provide federal assistance for the development and operation of an interpretive center and museum on the former Bethlehem Steel Plant Site in Bethlehem, Pennsylvania, to preserve, display, and interpret historical resources relating to industrialization in the United States and to promote other historical and cultural resources in the region through activities conducted at the interpretive center and museum.

    Sets forth covered and prohibited uses of such financial assistance, including prohibiting the use of assistance for the acquisition of any item for the museum's collection.

    Provides for a non-federal match from each party to an agreement.

    Requires the Secretary to submit annual reports to Congress that describe: (1) the current status of the development of the interpretive center and museum; (2) each project and activity funded; and (3) the unexpended balance, if any, of amounts made available to carry out this Act.

  3. Senator TRUEBLOOD, for himself (and with thanks to Senator CASEY), introduced the following bill:

    A BILL
    To clarify the applicability of the Buy American Act to products purchased for the use of the legislative branch, to prohibit the application of any of the exceptions to the requirements of such Act to products bearing an official Congressional insignia, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
    SECTION 1. SHORT TITLE.

    This Act may be cited as the “Congressional Made in America Promise Act of 2009”.

     

    SEC. 2. APPLICABILITY OF BUY AMERICAN ACT TO LEGISLATIVE BRANCH; NO EXCEPTIONS FOR PRODUCTS BEARING OFFICIAL CONGRESSIONAL INSIGNIA.

    (a) In General.—Section 2 of the Buy American Act (41 U.S.C. 10a) is amended—

    (1) by redesignating subsection (b) as subsection (c); and

    (2) by inserting after subsection (a) the following new subsection:


    “(b) Clarification Of Applicability To Articles, Materials, And Supplies For Use Of Legislative Branch.—

    “(1) APPLICABILITY TO LEGISLATIVE BRANCH.—Except as provided in paragraph (2), subsection (a) applies with respect to articles, materials, and supplies acquired for the use of any office in the legislative branch, including the House of Representatives and the Senate, in the same manner as such subsection applies with respect to articles, materials, and supplies acquired for the use of a department or independent establishment.

    “(2) SPECIAL RULE FOR PRODUCTS BEARING OFFICIAL CONGRESSIONAL INSIGNIA.—In the case of any product which bears an official insignia (including a mark resembling an official seal) of the United States House of Representatives, the United States Senate, or the United States Congress and which is acquired for the use of an office of the legislative branch, the following shall apply:

    “(A) The head of the office may not make a determination under subsection (a) that it is inconsistent with the public interest to enter into a contract in accordance with this Act.

    “(B) The head of the office may not make a determination under subsection (a) that an article, material, or supply is not mined, produced, or manufactured, as the case may be, in the United States in sufficient and reasonably available commercial quantities and of satisfactory quality.

    “(C) The last sentence of subsection (a) shall not apply.”.

    (b) Conforming Amendment.—Section 69 of the Revised Statutes of the United States (2 U.S.C. 109) is repealed.

     

    SEC. 3. EFFECTIVE DATE.

    The amendments made by this Act shall take effect upon the expiration of the 180-day period which begins on the date of the enactment of this Act.

     

    PES: 

    Congressional Made in America Promise Act of 2009 - Amends the Buy American Act to apply Buy American requirements to articles, materials, and supplies acquired for the use of any legislative branch office, including the House of Representatives and the Senate, in the same manner as the Act applies with respect to articles, materials, and supplies acquired for the use of a department or independent establishment.

    Prescribes a special rule in the case of any product which bears a congressional official insignia (including a mark resembling an official seal) that is acquired for the use of a legislative branch office. Prohibits the head of such office from making a determination under the Act that: (1) it is inconsistent with the public interest to enter into a contract in accordance with the Act; or (2) an article, material, or supply is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of satisfactory quality.

    Applies this prohibition to otherwise exempted manufactured articles, materials, or supplies procured under any contract the award value of which is less than or equal to the micro-purchase threshold.

  4. Senator TRUEBLOOD, for himself (and with thanks to Senator CASEY), introduced the following bill: 

    A BILL
    To amend the Natural Gas Act to provide assistance to States to carry out initiatives to promote the use of natural gas as a transportation fuel and public and private investment in natural gas vehicles and transportation infrastructure.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
    SECTION 1. SHORT TITLE.

    This Act may be cited as the “State Natural Gas Act of 2009”.

     

    SEC. 2. GRANTS TO STATES TO PROMOTE NATURAL GAS USE IN TRANSPORTATION.

    The Natural Gas Act (15 U.S.C. 717 et seq.) is amended—

    (1) by redesignating sections 25 and 26 (15 U.S.C. 717v, 717w) as sections 26 and 27, respectively; and

    (2) by inserting after section 24 (15 U.S.C. 717u) the following:

    “SEC. 25. GRANTS TO STATES TO PROMOTE NATURAL GAS USE IN TRANSPORTATION.

    “(a) Purposes.—The purposes of this section are—

    “(1) to provide assistance to States to carry out initiatives to promote—

    “(A) the use of natural gas as a transportation fuel; and

    “(B) public and private investment in natural gas vehicles and transportation infrastructure; and

    “(2) to recognize that each State is different and initiatives are most effective when the initiatives are structured to meet the specific needs and challenges of an individual State.

    “(b) Grants.—The Secretary of Energy (referred to in this section as the ‘Secretary’) shall make grants available to States to independently carry out initiatives within the States to promote the purposes of this section.

    “(c) Eligibility.—A State shall be eligible to receive a grant under this section if—

    “(1) the State submits an application to the Secretary at such time, in such form, and containing such information as the Secretary may prescribe, including a plan for initiatives to be carried out using the grant; and

    “(2) the Secretary—

    “(A) determines that the application and plan of the State promote the purposes of this section; and

    “(B) approves the application.

    “(d) Minimum Amount.—Subject to the availability of funds under subsection (f), the minimum amount of a grant provided to a State that submits an application that is approved by the Secretary under this section shall be $1,000,000.

    “(e) Additional Amounts.—Subject to the availability of funds under subsection (f), in addition to the minimum amount that is provided under subsection (d), the Secretary shall increase the amount of grants available to eligible States to reflect the potential of applications and plans of the States to promote the purposes of this section (as determined by the Secretary), taking into consideration—

    “(1) the relative amount of public and private funds that are likely to be leveraged by initiatives described in the plan of the State;

    “(2) the degree that initiatives will support a need that is unlikely to be met by the private sector absent grant program funding;

    “(3) the degree that initiatives will act as a bridge to private investment and sustainable market conditions; and

    “(4) the amount of funds invested in public and private investment in States in natural gas transportation and infrastructure.

    “(f) Authorization Of Appropriations.—There are authorized to be appropriated to carry out this section $500,000,000 for each of fiscal years 2010 through 2019”.

     

    PES: 

    State Natural Gas Act of 2009 - Amends the Natural Gas Act to require the Secretary of Energy (DOE) to make grants available to states to independently carry out initiatives to promote the following purposes: (1) the use of natural gas as a transportation fuel, and (2) investment in natural gas vehicles and transportation infrastructure.

    Establishes $1 million as the minimum grant amount to a state.

    Requires the Secretary to increase the grant amount above the minimum to reflect the potential of applications and plans to promote the purposes of this Act, taking into consideration: (1) the relative amount of funds likely to be leveraged by initiatives described in the state plan, (2) the degree that initiatives will support a need unlikely to be met by the private sector absent program funding, (3) the degree that initiatives will be a bridge to private investment and sustainable market conditions, and (4) the amount of funds invested in public and private investment in states in natural gas transportation and infrastructure

  5. Senator TRUEBLOOD, for himself (and with thanks to Senator CASEY), introduced the following bill:

    A BILL
    To eliminate discrimination and promote women’s health and economic security by ensuring reasonable workplace accommodations for workers whose ability to perform the functions of a job are limited by pregnancy, childbirth, or a related medical condition.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
    SECTION 1. SHORT TITLE.

    This Act may be cited as the “Pregnant Workers Fairness Act”.

     

    SEC. 2. NONDISCRIMINATION WITH REGARD TO REASONABLE ACCOMMODATIONS RELATED TO PREGNANCY.

    It shall be an unlawful employment practice for a covered entity to—

    (1) not make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of a job applicant or employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity;

    (2) deny employment opportunities to a job applicant or employee, if such denial is based on the need of the covered entity to make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of an employee or applicant;

    (3) require a job applicant or employee affected by pregnancy, childbirth, or related medical conditions to accept an accommodation that such applicant or employee chooses not to accept; or

    (4) require an employee to take leave under any leave law or policy of the covered entity if another reasonable accommodation can be provided to the known limitations related to the pregnancy, childbirth, or related medical conditions of an employee.

     

    SEC. 3. REMEDIES AND ENFORCEMENT.

    (a) Employees Covered By Title VII Of The Civil Rights Act Of 1964.—

    (1) IN GENERAL.—The powers, procedures, and remedies provided in sections 705, 706, 707, 709, 710, and 711 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–4 et seq.) to the Commission, the Attorney General, or any person, alleging a violation of title VII of that Act (42 U.S.C. 2000e et seq.) shall be the powers, procedures, and remedies this title provides to the Commission, the Attorney General, or any person, respectively, alleging an unlawful employment practice in violation of this title against an employee described in section 5(2)(A), except as provided in paragraphs (2) and (3).

    (2) COSTS AND FEES.—The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes of the United States (42 U.S.C. 1988), shall be the powers, remedies, and procedures this title provides to the Commission, the Attorney General, or any person, alleging such a practice.

    (3) DAMAGES.—The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this title provides to the Commission, the Attorney General, or any person, alleging such a practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes of the United States).

    (b) Employees Covered By Congressional Accountability Act Of 1995.—

    (1) IN GENERAL.—The powers, remedies, and procedures provided in the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) to the Board (as defined in section 101 of that Act (2 U.S.C. 1301)), or any person, alleging a violation of section 201(a)(1) of that Act (2 U.S.C. 1311(a)(1)) shall be the powers, remedies, and procedures this title provides to that Board, or any person, alleging an unlawful employment practice in violation of this title against an employee described in section 5(2)(B), except as provided in paragraphs (2) and (3).

    (2) COSTS AND FEES.—The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes of the United States (42 U.S.C. 1988), shall be the powers, remedies, and procedures this title provides to that Board, or any person, alleging such a practice.

    (3) DAMAGES.—The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this title provides to that Board, or any person, alleging such a practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes of the United States).

    (4) OTHER APPLICABLE PROVISIONS.—With respect to a claim alleging a practice described in paragraph (1), title III of the Congressional Accountability Act of 1995 (2 U.S.C. 1381 et seq.) shall apply in the same manner as such title applies with respect to a claim alleging a violation of section 201(a)(1) of such Act (2 U.S.C. 1311(a)(1)).

    (c) Employees Covered By Chapter 5 Of Title 3, United States Code.—

    (1) IN GENERAL.—The powers, remedies, and procedures provided in chapter 5 of title 3, United States Code, to the President, the Commission, the Merit Systems Protection Board, or any person, alleging a violation of section 411(a)(1) of that title, shall be the powers, remedies, and procedures this title provides to the President, the Commission, such Board, or any person, respectively, alleging an unlawful employment practice in violation of this title against an employee described in section 5(2)(C), except as provided in paragraphs (2) and (3).

    (2) COSTS AND FEES.—The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes of the United States (42 U.S.C. 1988), shall be the powers, remedies, and procedures this title provides to the President, the Commission, such Board, or any person, alleging such a practice.

    (3) DAMAGES.—The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this title provides to the President, the Commission, such Board, or any person, alleging such a practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes of the United States).

    (d) Employees Covered By Government Employee Rights Act Of 1991.—

    (1) IN GENERAL.—The powers, remedies, and procedures provided in sections 302 and 304 of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b, 2000e–16c) to the Commission, or any person, alleging a violation of section 302(a)(1) of that Act (42 U.S.C. 2000e–16b(a)(1)) shall be the powers, remedies, and procedures this title provides to the Commission, or any person, respectively, alleging an unlawful employment practice in violation of this title against an employee described in section 5(2)(D), except as provided in paragraphs (2) and (3).

    (2) COSTS AND FEES.—The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes of the United States (42 U.S.C. 1988), shall be the powers, remedies, and procedures this title provides to the Commission, or any person, alleging such a practice.

    (3) DAMAGES.—The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this title provides to the Commission, or any person, alleging such a practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes of the United States).

    (e) Employees Covered By Section 717 Of The Civil Rights Act Of 1964.—

    (1) IN GENERAL.—The powers, remedies, and procedures provided in section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16) to the Commission, the Attorney General, the Librarian of Congress, or any person, alleging a violation of that section shall be the powers, remedies, and procedures this title provides to the Commission, the Attorney General, the Librarian of Congress, or any person, respectively, alleging an unlawful employment practice in violation of this title against an employee or applicant described in section 2(2)(E), except as provided in paragraphs (2) and (3).

    (2) COSTS AND FEES.—The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes of the United States (42 U.S.C. 1988), shall be the powers, remedies, and procedures this title provides to the Commission, the Attorney General, the Librarian of Congress, or any person, alleging such a practice.

    (3) DAMAGES.—The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this title provides to the Commission, the Attorney General, the Librarian of Congress, or any person, alleging such a practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes of the United States).

    (f) Prohibition Against Retaliation.—No person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this title or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this title. The remedies and procedures otherwise provided for under this section shall be available to aggrieved individuals with respect to violations of this subsection.

     

    SEC. 4. RULEMAKING.

    Not later than 2 years after the date of enactment of this Act, the Commission shall issue regulations in an accessible format in accordance with subchapter II of chapter 5 of title 5, United States Code, to carry out this Act. Such regulations shall identify some reasonable accommodations addressing known limitations related to pregnancy, childbirth, or related medical conditions that shall be provided to a job applicant or employee affected by such known limitations unless the covered entity can demonstrate that doing so would impose an undue hardship.

     

    SEC. 5. DEFINITIONS.

    As used in this Act—

    (1) the term “Commission” means the Equal Employment Opportunity Commission;

    (2) the term “covered entity”—

    (A) has the meaning given the term “respondent” in section 701(n) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(n)); and

    (B) includes—

    (i) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301) and section 411(c) of title 3, United States Code;

    (ii) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (12 U.S.C. 1220(a)); and

    (iii) an entity to which section 717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16(a)) applies;

    (3) the term “employee” means—

    (A) an employee (including an applicant), as defined in section 701(f) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(f));

    (B) a covered employee (including an applicant), as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301);

    (C) a covered employee (including an applicant), as defined in section 411(c) of title 3, United States Code;

    (D) a State employee (including an applicant) described in section 304(a) of the Government Employee Rights Act of 1991 (12 U.S.C. 1220(a)); or

    (E) an employee (including an applicant) to which section 717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16(a)) applies;

    (4) the term “person” has the meaning given such term in section 701(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(a)); and

    (5) the terms “reasonable accommodation” and “undue hardship” have the meanings given such terms in section 101 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111) and shall be construed as such terms have been construed under such Act and as set forth in the regulations required by this Act.

     

    SEC. 6. RELATIONSHIP TO OTHER LAWS.

    Nothing in this Act shall be construed to invalidate or limit the remedies, rights, and procedures of any Federal law or law of any State or political subdivision of any State or jurisdiction that provides greater or equal protection for workers affected by pregnancy, childbirth, or related medical conditions.

     

    PES: 

    Pregnant Workers Fairness Act - Declares it an unlawful employment practice for employers, employment agencies, labor organizations, and other specified entities to: (1) not make reasonable accommodations to known limitations related to the pregnancy, childbirth, or related medical conditions of job applicants or employees, unless the accommodation would impose an undue hardship on such an entity's business operation; (2) deny employment opportunities based on the need of the entity to make such reasonable accommodations; (3) require such job applicants or employees to accept an accommodation that they choose not to accept; or (4) require such employees to take leave if another reasonable accommodation can be provided to their known limitations.

    Sets forth enforcement procedures and remedies under the Civil Rights Act of 1964, Congressional Accountability Act of 1995, Government Employee Rights Act of 1991, and the rights and protections extended to presidential offices.

    Directs the Equal Employment Opportunity Commission (EEOC) to issue regulations to carry out this Act, including the identification of reasonable accommodations addressing known limitations related to pregnancy, childbirth, or related medical conditions.

  6. Senator TRUEBLOOD, for himself (and with thanks to Senator CASEY), introduced the following bill: 

     

    A BILL
    To establish in the Department of Commerce the Minority Business Development Program to provide qualified minority businesses with technical assistance and contracting opportunities, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
    SECTION 1. SHORT TITLE.

    This Act may be cited as the “Minority Business Development Improvements Act of 2009”.

     

    SEC. 2. MINORITY BUSINESS DEVELOPMENT PROGRAM.

    The Director of the Minority Business Development Agency shall establish the Minority Business Development Program (in this Act referred to as the “Program”) to assist qualified minority businesses. The Program shall provide to such businesses the following:

    (1) Technical assistance.

    (2) Contract procurement assistance.

     

    SEC. 3. QUALIFIED MINORITY BUSINESS.

    (a) Certification.—For purposes of the Program, the Director may certify as a qualified minority business any entity that satisfies each of the following:

    (1) Not less than 51 percent of the entity is directly and unconditionally owned or controlled by historically disadvantaged individuals.

    (2) Each officer or other individual who exercises control over the regular operations of the entity is a historically disadvantaged individual.

    (3) The net worth of each principal of the entity is not greater than $2,000,000. (The equity of a disadvantaged owner in a primary personal residence shall be considered in this calculation.)

    (4) The principal place of business of the entity is in the United States.

    (5) Each principal of the entity maintains good character in the determination of the Director.

    (6) The entity engages in competitive and bona fide commercial business operations in not less than one sector of industry that has a North American Industry Classification System code.

    (7) The entity submits reports to the Director at such time, in such form, and containing such information as the Director may require.

    (8) Any additional requirements that the Director determines appropriate.

    (b) Term Of Certification.—A certification under this section shall be for a term of 5 years and may not be renewed.

     

    SEC. 4. TECHNICAL ASSISTANCE.

    (a) In General.—In carrying out the Program, the Director may provide to qualified minority businesses technical assistance with regard to the following:

    (1) Writing business plans.

    (2) Marketing.

    (3) Management.

    (4) Securing sufficient financing for business operations.

    (b) Contract Authority.—The Director may enter into agreements with persons to provide technical assistance under this section.

    (c) Authorization Of Appropriations.—There are authorized to be appropriated $200,000,000 to the Director to carry out this section. Such sums shall remain available until expended.

     

    SEC. 5. SET-ASIDE CONTRACTING OPPORTUNITIES.

    (a) In General.—The Director may enter into agreements with the United States Government and any department, agency, or officer thereof having procurement powers for purposes of providing for the fulfillment of procurement contracts and providing opportunities for qualified minority businesses with regard to such contracts.

    (b) Qualifications On Participation.—The Director shall by rule establish requirements for participation under this section by a qualified minority business in a contract.

    (c) Annual Limit On Number Of Contracts Per Qualified Minority Business.—A qualified minority business may not participate under this section in contracts in an amount that exceeds $10,000,000 for goods and services each fiscal year.

    (d) Limits On Contract Amounts.—

    (1) GOODS AND SERVICES.—Except as provided in paragraph (2), a contract for goods and services under this section may not exceed $6,000,000.

    (2) MANUFACTURING AND CONSTRUCTION.—A contract for manufacturing and construction services under this section may not exceed $10,000,000.

     

    SEC. 6. TERMINATION FROM THE PROGRAM.

    The Director may terminate a qualified minority business from the Program for any violation of a requirement of sections 3 through 5 of this Act by that qualified minority business, including the following:

    (1) Conduct by a principal of the qualified minority business that indicates a lack of business integrity.

    (2) Willful failure to comply with applicable labor standards and obligations.

    (3) Consistent failure to tender adequate performance with regard to contracts under the Program.

    (4) Failure to obtain and maintain relevant certifications.

    (5) Failure to pay outstanding obligations owed to the Federal Government.

     

    SEC. 7. REPORTS.

    (a) Report Of The Director.—Not later than October 1, 2011, and annually thereafter, the Director shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the activities of the Director during the preceding year with respect to the Program.

    (b) Report Of The Secretary Of Commerce.—Not later than October 1, 2011, and annually thereafter, the Secretary of Commerce shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the activities the Secretary engaged in during the preceding year to build wealth among historically disadvantaged individuals.

     

    SEC. 8. DEFINITIONS.

    In this Act:

    (1) HISTORICALLY DISADVANTAGED INDIVIDUAL.—The term “historically disadvantaged individual” means any individual who is a member of a group that is designated as eligible to receive assistance under section 1400.1 of title 15, Code of Federal Regulations, as in effect on January 1, 2009.

    (2) PRINCIPAL.—The term “principal” means any person that the Director determines exercises significant control over the regular operations of a business entity.

     

    PES: 

    Minority Business Development Improvements Act of 2010 - Requires the Director of the Minority Business Development Agency to establish the Minority Business Development Program to provide qualified minority businesses with technical assistance and contract procurement assistance. Outlines minority business qualification requirements for the Program, including that: (1) not less than 51% of the entity be directly and unconditionally owned or controlled by historically disadvantaged individuals; and (2) each officer or other individual exercising control over regular operations is a historically disadvantaged individual. Outlines specific types of technical assistance authorized under the Program.

    Authorizes the Director to enter into agreements for the fulfillment of federal procurement contracts by, and contracting opportunities for, qualified minority businesses. Provides contract limits.

    Allows the Director to terminate a qualified minority business from the Program under specified circumstances.

  7. I chose option two. That leaves more content for the different player media to cover, with different possible conclusions and opinions on approval numbers. It should help with admin burnout and keep the game flowing nicely. I recognize others might think it is too simplistic, but detailed analysis like that is hard on the AB. More work for the AB leads to more burnout, which destroys resets. Frankly, I’m surprised Anthony didn’t snap after basically being the only admin for the entire election cycle. I think we need to be more flexible with the game and allow some changes. 

  8. AYE: 

    SUSPEND AND PASS: American Economic Recovery and Reform Act

    SUSPEND AND PASS: S. 68 American Energy Independence Act

    SUSPEND AND PASS: S. 18 Pay as You go Act of 2009

    CLOTURE: Confirmation of Fred Hochberg as Secretary of Commerce

    FINAL VOTE - S.1/56 (?) Minority Business Development Improvements Act of 2009

    FINAL VOTE - S.57 Coastal Jobs Creation Act

    SUSPEND AND PASS: J.Res.1 - Continuing Resolution of 2009

    SUSPEND AND PASS: Continuing Resolution Extension Act

     

     

     

    NAY:

    CLOTURE: S.2 Highway Investment Protection Act

     

    ABSTAIN/PRESENT: 

    FINAL VOTE - S.2 Highway Investment Protection Act

    CLOTURE: United States Federal Budget Proposal for the Fiscal Years 2010-2013

     

     

    SPONSOR: 

    S.42 State Natural Gas Act

    S.52 Congressional Made in America Promise Act of 2009

    S.53 Pregnant Workers Fairness Act

    S.56 Minority Business Development Improvements Act of 2009

    S.84 National Museum of Industrial History Act

    S.87 Parental Notification and Intervention Act of 2009

    J.Res.1 Continuing Resolution of 2009

    S.?? Working Families Tax Relief Act of 2009

     

    CO-SPONSOR: 

    S.16 Working Class Tax Relief Act

    S.17 Small Business Stimulus Act of 2009

    S.20 Made in America Act

    S.25 Outsourcing Tariff Act

    S.32 Economic Freedom Zones Act of 2009

    S.33 State Natural Gas Export Expansion Act

    S.39 Small Business Economic Investment Act

    S.40 21st Century Glass-Steagall Act

    S.45 Rural Broadband Expansion Act

    S.65 Rural Job Development Act

    S.68 American Energy Independence Act

    S.72 Legal Workforce Act

    S.77 Concealed Carry Reciprocity Act of 2009

    S.78 Born-Alive Abortion Survivors Protection Act of 2009

    S.80 Respecting States Rights and Concealed Carry Reciprocity Act of 2009

    S.90 Veterans Benefits Act

     

     

    Updated 6/16/20.

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