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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Student Non-Discrimination Act of 
2011''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds the following:
            (1) Public school students who are lesbian, gay, bisexual 
        or transgender (LGBT), or are perceived to be LGBT, or who 
        associate with LGBT people, have been and are subjected to 
        pervasive discrimination, including harassment, bullying, 
        intimidation and violence, and have been deprived of equal 
        educational opportunities, in schools in every part of our 
        Nation.
            (2) While discrimination, including harassment, bullying, 
        intimidation and violence, of any kind is harmful to students 
        and to our education system, actions that target students based 
        on sexual orientation or gender identity represent a distinct 
        and especially severe problem.
            (3) Numerous social science studies demonstrate that 
        discrimination, including harassment, bullying, intimidation 
        and violence, at school has contributed to high rates of 
        absenteeism, dropout, adverse health consequences, and academic 
        underachievement among LGBT youth.
            (4) When left unchecked, discrimination, including 
        harassment, bullying, intimidation and violence, in schools 
        based on sexual orientation or gender identity can lead, and 
        has lead to, life-threatening violence and to suicide.
            (5) Public school students enjoy a variety of 
        constitutional rights, including rights to equal protection, 
        privacy, and free expression, which are infringed when school 
        officials engage in discriminatory treatment or are indifferent 
        to discrimination, including harassment, bullying, intimidation 
        and violence, on the basis of sexual orientation or gender 
        identity.
            (6) While Federal statutory protections expressly address 
        discrimination on the basis of race, color, sex, religion, 
        disability, and national origin, Federal civil rights statutes 
        do not expressly include ``sexual orientation'' or ``gender 
        identity''. As a result, students and parents have often had 
        limited legal recourse to redress for discrimination on the 
        basis of sexual orientation or gender identity.
    (b) Purposes.--The purposes of this Act are--
            (1) to ensure that all students have access to public 
        education in a safe environment free from discrimination, 
        including harassment, bullying, intimidation and violence, on 
        the basis of sexual orientation or gender identity;
            (2) to provide a comprehensive Federal prohibition of 
        discrimination in public schools based on actual or perceived 
        sexual orientation or gender identity;
            (3) to provide meaningful and effective remedies for 
        discrimination in public schools based on actual or perceived 
        sexual orientation or gender identity;
            (4) to invoke congressional powers, including but not 
        limited to the power to enforce the 14th Amendment to the 
        Constitution and to provide for the general welfare pursuant to 
        section 8 of article I of the Constitution and the power to 
        enact all laws necessary and proper for the execution of the 
        foregoing powers pursuant to section 8 of article I of the 
        Constitution, in order to prohibit discrimination in public 
        schools on the basis of sexual orientation or gender identity; 
        and
            (5) to allow the Department of Education to effectively 
        combat discrimination based on sexual orientation or gender 
        identity in public schools through regulation and enforcement, 
        as the Department has issued regulations under and enforced 
        title IX of the Education Amendments of 1972 and other 
        nondiscrimination laws in a manner that effectively addresses 
        discrimination.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) Program or activity.--The terms ``program or activity'' 
        and ``program'' have same meanings given such terms as applied 
        under section 606 of the Civil Rights Act of 1964 (42 U.S.C. 
        2000d-4a) to the operations of public entities under paragraph 
        (2)(B) of such section.
            (2) Gender identity.--The term ``gender identity'' means 
        the gender-related identity, appearance, or mannerisms or other 
        gender-related characteristics of an individual, with or 
        without regard to the individual's designated sex at birth.
            (3) Harassment.--The term ``harassment'' means conduct that 
        is sufficiently severe, persistent, or pervasive to limit a 
        student's ability to participate in or benefit from a public 
        school education program or activity, or to create a hostile or 
        abusive educational environment at a public school, including 
        acts of verbal, nonverbal, or physical aggression, 
        intimidation, or hostility, if such conduct is based on--
                    (A) a student's actual or perceived sexual 
                orientation or gender identity; or
                    (B) the actual or perceived sexual orientation or 
                gender identity of a person or persons with whom a 
                student associates or has associated.
            (4) Public schools.--The term ``public schools'' means 
        public elementary and secondary schools, including local 
        educational agencies, educational service agencies, and State 
        educational agencies, as defined in section 9101 of the 
        Elementary and Secondary Education Act of 1965.
            (5) Sexual orientation.--The term ``sexual orientation'' 
        means homosexuality, heterosexuality, or bisexuality.
            (6) Student.--The term ``student'' means an individual who 
        is enrolled in a public school or who, regardless of official 
        enrollment status, attends classes or participates in a public 
        school's programs or educational activities.

SEC. 4. PROHIBITION AGAINST DISCRIMINATION; EXCEPTIONS.

    (a) In General.--No student shall, on the basis of actual or 
perceived sexual orientation or gender identity of such individual or 
of a person with whom the student associates or has associated, be 
excluded from participation in, or be denied the benefits of, or be 
subjected to discrimination under any program or activity receiving 
Federal financial assistance.
    (b) Harassment.--For purposes of this Act, discrimination includes, 
but is not limited to, harassment of a student on the basis of actual 
or perceived sexual orientation or gender identity of such student or 
of a person with whom the student associates or has associated.
    (c) Retaliation Prohibited.--
            (1) Prohibition.--No person shall be excluded from 
        participation in, be denied the benefits of, or be subjected to 
        discrimination, retaliation, or reprisal under any program or 
        activity receiving Federal financial assistance based on his or 
        her opposition to conduct made unlawful by this Act.
            (2) Definition.--For purposes of this subsection, 
        ``opposition to conduct made unlawful by this Act'' includes, 
        but is not limited to--
                    (A) opposition to conduct reasonably believed to be 
                made unlawful by this Act,
                    (B) any formal or informal report, whether oral or 
                written, to any governmental entity, including public 
                schools and employees thereof, regarding conduct made 
                unlawful by this Act or reasonably believed to be made 
                unlawful by this Act,
                    (C) participation in any investigation, proceeding, 
                or hearing related to conduct made unlawful by this Act 
                or reasonably believed to be made unlawful by this Act, 
                and
                    (D) assistance or encouragement provided to any 
                other person in the exercise or enjoyment of any right 
                granted or protected by this Act,
        if in the course of that expression, the person involved does 
        not purposefully provide information known to be false to any 
        public school or other governmental entity regarding a 
        violation, or alleged violation, of this Act.

SEC. 5. FEDERAL ADMINISTRATIVE ENFORCEMENT; REPORT TO CONGRESSIONAL 
              COMMITTEES.

    Each Federal department and agency which is empowered to extend 
Federal financial assistance to any education program or activity, by 
way of grant, loan, or contract other than a contract of insurance or 
guaranty, is authorized and directed to effectuate the provisions of 
section 4 of this Act with respect to such program or activity by 
issuing rules, regulations, or orders of general applicability which 
shall be consistent with achievement of the objectives of the Act 
authorizing the financial assistance in connection with which the 
action is taken. No such rule, regulation, or order shall become 
effective unless and until approved by the President. Compliance with 
any requirement adopted pursuant to this section may be effected--
            (1) by the termination of or refusal to grant or to 
        continue assistance under such program or activity to any 
        recipient as to whom there has been an express finding on the 
        record, after opportunity for hearing, of a failure to comply 
        with such requirement, but such termination or refusal shall be 
        limited to the particular political entity, or part thereof, or 
        other recipient as to whom such a finding has been made, and 
        shall be limited in its effect to the particular program, or 
        part thereof, in which such noncompliance has been so found, or
            (2) by any other means authorized by law,
except that no such action shall be taken until the department or 
agency concerned has advised the appropriate person or persons of the 
failure to comply with the requirement and has determined that 
compliance cannot be secured by voluntary means. In the case of any 
action terminating, or refusing to grant or continue, assistance 
because of failure to comply with a requirement imposed pursuant to 
this section, the head of the Federal department or agency shall file 
with the committees of the House and Senate having legislative 
jurisdiction over the program or activity involved a full written 
report of the circumstances and the grounds for such action. No such 
action shall become effective until 30 days have elapsed after the 
filing of such report.

SEC. 6. CAUSE OF ACTION.

    (a) Cause of Action.--Subject to subsection (c) of this section, an 
aggrieved individual may assert a violation of this Act in a judicial 
proceeding. Aggrieved persons may be awarded all appropriate relief, 
including but not limited to equitable relief, compensatory damages, 
cost of the action, and remedial action.
    (b) Rule of Construction.--This section shall not be construed to 
preclude an aggrieved individual from obtaining other remedies under 
any other provision of law or to require such individual to exhaust any 
administrative complaint process or notice-of-claim requirement before 
seeking redress under this section.
    (c) Statute of Limitations.--For actions brought pursuant to this 
section, the statute of limitations period shall be determined in 
accordance with section 1658(a) of title 28 of the United States Code. 
The tolling of any such limitations period shall be determined in 
accordance with the law governing actions under section 1979 of the 
Revised Statutes (42 U.S.C. 1983) in the forum State.

SEC. 7. STATE IMMUNITY.

    (a) State Immunity.--A State shall not be immune under the 11th 
Amendment to the Constitution of the United States from suit in Federal 
court for a violation of this Act.
    (b) Waiver.--A State's receipt or use of Federal financial 
assistance for any program or activity of a State shall constitute a 
waiver of sovereign immunity, under the 11th Amendment to the 
Constitution or otherwise, to a suit brought by an aggrieved individual 
for a violation of section 4 of this Act.
    (c) Remedies.--In a suit against a State for a violation of this 
Act, remedies (including remedies both at law and in equity) are 
available for such a violation to the same extent as such remedies are 
available for such a violation in the suit against any public or 
private entity other than a State.

SEC. 8. ATTORNEY'S FEES.

    Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b)) is 
amended by inserting ``the Student Nondiscrimination Act of 2011,'' 
after ``Religious Land Use and Institutionalized Persons Act of 
2000,''.

SEC. 9. EFFECT ON OTHER LAWS.

    (a) Federal and State Nondiscrimination Laws.--Nothing in this Act 
shall be construed to preempt, invalidate, or limit rights, remedies, 
procedures, or legal standards available to victims of discrimination 
or retaliation under any other Federal law or law of a State or 
political subdivision of a State, including title VI of the Civil 
Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education 
Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 of the 
Rehabilitation Act of 1973 (29 U.S.C. 794), the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), or section 1979 of 
the Revised Statutes (42 U.S.C. 1983). The obligations imposed by this 
Act are in addition to those imposed by title IX of the Education 
Amendments of 1972 (20 U.S.C. 1681 et seq.), title VI of the Civil 
Rights Act of 1964 (42 U.S.C. 2000d et seq.), and the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
    (b) Free Speech and Expression Laws and Religious Student Groups.--
Nothing in this Act shall be construed to alter legal standards 
regarding, or affect the rights available to individuals or groups 
under, other Federal laws that establish protections for freedom of 
speech and expression, such as legal standards and rights available to 
religious and other student groups under the 1st Amendment to the 
Constitution and the Equal Access Act (20 U.S.C. 4071 et seq.).

SEC. 10. SEVERABILITY.

    If any provision of this Act, or any application of such provision 
to any person or circumstance, is held to be unconstitutional, the 
remainder of this Act, and the application of the provision to any 
other person or circumstance shall not be affected.

SEC. 11. EFFECTIVE DATE.

    This Act shall take effect 60 days after the date of the enactment 
of this Act and shall not apply to conduct occurring before the 
effective date of this Act.
Student Non-Discrimination Act of 2011 - Prohibits public school students from being excluded from participating in, or subject to discrimination under, any federally-assisted educational program on the basis of their actual or perceived sexual orientation or gender identity or that of their associates.

Considers harassment to be a form of discrimination.

Prohibits retaliation against anyone for opposing conduct they reasonably believe to be unlawful under this Act.

Authorizes federal departments and agencies to enforce these prohibitions by cutting off the educational assistance of recipients found to be violating them.

Allows an aggrieved individual to assert a violation of this Act in a judicial proceeding and recover reasonable attorney's fees should they prevail.

Deems a state's receipt of federal educational assistance for a program to constitute a waiver of sovereign immunity for conduct prohibited under this Act regarding such program.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stonewall National Historic Site 
Establishment Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
            (1) the Stonewall National Historic Landmark in New York 
        City, designated in 2000, commemorates the site of the citizen 
        uprising of June 28-July 3, 1969, that inspired the modern 
        Lesbian, Gay, Bisexual, and Transgender (LGBT) civil rights 
        movement in America;
            (2) the Stonewall uprising became the major catalyst for 
        change in the self-awareness of the LGBT community, as well as 
        in the perception and acceptance of LGBT individuals within the 
        United States, and now represents to the Nation and the world 
        the struggle for LGBT civil rights; and
            (3) the Stonewall National Historic Landmark, within the 
        Greenwich Village Historic District, consists of the former 
        Stonewall Inn at 51-53 Christopher Street, that was raided by 
        police on June 28, 1969, as well as Christopher Park, 
        Christopher Street, Grove Street, Gay Street, Waverly Place, 
        Greenwich Avenue, Sixth Avenue, and West 10th Street between 
        Sixth Avenue and Seventh Avenue South, which are all associated 
        with the uprising.
    (b) Purpose.--The purposes of this Act are--
            (1) to help preserve, protect, and interpret the site of 
        the Stonewall uprising for the benefit of present and future 
        generations; and
            (2) to enhance understanding of the discrimination against 
        LGBT individuals that led to the Stonewall uprising and of the 
        ongoing struggle to achieve civil rights.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) National historic site.--The term ``National Historic 
        Site'' means the Stonewall National Historic Site in New York 
        City, New York, authorized to be established as a unit of the 
        National Park System under section 4(a) of this Act.
            (2) Map.--The term ``Map'' means the map entitled 
        ``Stonewall National Historic Site, Proposed Boundary'', 
        numbered 668/129,921, and dated September 2015.
            (3) City of new york.--The term ``City'' means the 
        government of the City of New York in the State of New York.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) State.--The term ``State'' means the State of New York.

SEC. 4. STONEWALL NATIONAL HISTORIC SITE.

    (a) Establishment.--
            (1) In general.--Subject to paragraph (2), there is 
        established in the State a unit of the National Park System to 
        be known as the ``Stonewall National Historic Site''.
            (2) Conditions for establishment.--The National Historic 
        Site shall not be established as a unit of the National Park 
        System until the date on which the Secretary has determined 
        that--
                    (A) the Secretary has acquired sufficient land or 
                an interest in land within the boundary of the National 
                Historic Site to constitute a manageable unit, as 
                determined by the Secretary; and
                    (B) the Secretary has entered into a written 
                agreement with the City, as authorized and described in 
                subsection (c).
    (b) Boundary.--
            (1) In general.--The boundary of the National Historic Site 
        shall be identical to the boundary of the Stonewall National 
        Historic Landmark, as generally depicted on the Map.
            (2) Availability of map.--The Map shall be available for 
        public inspection in the appropriate offices of the National 
        Park Service, Department of the Interior.
    (c) Agreement.--The Secretary is authorized to enter into an 
agreement with the City that delineates the respective roles and 
responsibilities of the National Park Service and the City in the 
operation, maintenance, and interpretation of the National Historic 
Site.
    (d) Publication of Notice.--Not later than 60 days after the date 
on which the conditions in subsection (a)(2) are satisfied, the 
Secretary shall publish in the Federal Register notice of the 
establishment of the National Historic Site as a unit of the National 
Park System.
    (e) Land Acquisition.--The Secretary is authorized to acquire by 
donation, purchase with donated or appropriated funds from a willing 
seller, or exchange--
            (1) lands or interests in land within the boundary of the 
        National Historic Site; and
            (2) lands or interests in land in the vicinity of the 
        National Historic Site for the purpose of providing park 
        administration and visitor service facilities, as determined by 
        the Secretary.
    (f) Administration.--
            (1) In general.--The Secretary shall administer the 
        National Historic Site in accordance with this Act and with the 
        laws generally applicable to units of the National Park System, 
        including--
                    (A) the National Park Service Organic Act (section 
                100101(a), chapter 1003, and sections 100751(a), 
                100752, 100753 and 102101 of title 54, United States 
                Code); and
                    (B) chapter 3201 of title 54, United States Code.
            (2) Cooperative agreements.--
                    (A) In general.--The Secretary may enter into 
                cooperative agreements with the State, City, units of 
                local government, organizations, or individuals to 
                further the purposes of this Act.
                    (B) Cost-sharing requirement.--
                            (i) Federal share.--The Federal share of 
                        the total cost of any activity carried out 
                        under this paragraph shall not exceed 50 
                        percent.
                            (ii) Form of non-federal share.--The non-
                        Federal share of the cost of carrying out an 
                        activity under this paragraph may be in the 
                        form of in-kind contributions or goods or 
                        services, fairly valued.
    (g) General Management Plan.--Not later than 3 years after the date 
on which funds are made available to carry out this section, the 
Secretary, in consultation with the City, shall prepare a general 
management plan for the National Historic Site in accordance with 
section 100502 of title 54, United States Code.
Stonewall National Historic Site Establishment Act This bill establishes the Stonewall National Historic Site in New York as a unit of the National Park System.  The boundary of the Historic Site shall be identical to that of the Stonewall National Historic Landmark.  The Department of the Interior may enter into an agreement with New York City, New York, delineating the respective roles and responsibilities of the National Park Service and New York City in operating, maintaining, and interpreting the Historic Site.  Interior shall prepare a general management plan for the Historic Site. 

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``State-Owned Entity Transparency and 
Accountability Reform Act of 2016''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) As Congress expressed when it enacted the Foreign 
        Sovereign Immunities Act of 1976 (Public Law 94-583; 90 Stat. 
        2891), under international law, foreign states are immune from 
        the jurisdiction of the courts of the United States and of the 
        States, subject to certain exceptions. One of these exceptions, 
        the ``commercial activity'' exception, generally subjects 
        foreign states to the jurisdiction of courts of the United 
        States in actions relating to a foreign state's commercial 
        activities.
            (2) As the Supreme Court observed 7 years after Congress 
        enacted the Foreign Sovereign Immunities Act of 1976, 
        ``increasingly . . . governments throughout the world have 
        established separately constituted legal entities to perform a 
        variety of tasks''. First National City Bank v. Banco Para El 
        Comercio Exterior de Cuba, 462 U.S. 611 (1983) (referred to in 
        this section as ``Bancec''). These state instrumentalities are 
        ``typically established as . . . separate juridical entit[ies], 
        with powers to hold and sell property and to sue and be sued''. 
        Run by states as ``distinct economic enterpris[es]'', they 
        operate ``on an enterprise basis'' while enjoying ``a greater 
        degree of flexibility and independence from close political 
        control than is generally enjoyed by government agencies. These 
        same features frequently prompt governments in developing 
        countries to establish separate juridical entities as the 
        vehicles through which to obtain the financial resources needed 
        to make large-scale national investments''.
            (3) Because government instrumentalities ``established as 
        juridical entities distinct and independent from their 
        sovereign should normally be treated as such'', courts have 
        accorded them ``a presumption of independent status'' for 
        purposes of assessing jurisdiction under the Foreign Sovereign 
        Immunities Act of 1976.
            (4) However, the Supreme Court explained in Bancec that 
        courts have ``consistently refused to give effect to the 
        corporate form where it is interposed to defeat legislative 
        policies''. As a result, courts will refuse to presume an 
        instrumentality's independence from a foreign state if ``a 
        corporate entity is so extensively controlled by its owner that 
        a relationship of principal and agent is created'' or 
        respecting the corporate form ``would work fraud or 
        injustice''. Transamerica Leasing, Inc. v. La Republica de 
        Venezuela, 200 F.3d 843, 848-49 (D.C. Cir. 2000).
            (5) As state instrumentalities have developed over time, 
        their corporate structure has commonly become more complex. In 
        many cases, the structure of state instrumentalities has also 
        become more opaque. At the same time, as a result of 
        globalization, such entities are increasingly involved in 
        commerce and trade involving companies and consumers of the 
        United States. The result is that companies and consumers of 
        the United States seeking to sue a foreign state-owned entity 
        under the ``commercial activity'' exception of the Foreign 
        Sovereign Immunities Act of 1976 may struggle to determine 
        which juridical entity--for example, which member or affiliate 
        of an instrumentality--to sue.
            (6) As they have grown larger, more opaque, and more 
        involved in commercial activity with companies and consumers of 
        the United States, state instrumentalities have continued 
        aggressively to assert that they are immune to suit in courts 
        of the United States.
            (7) In some cases, courts also have struggled to determine 
        the correct juridical entity subject to their jurisdiction 
        based on the ``commercial activity'' exception. In others, 
        courts have rejected claims against instrumentalities for 
        failure to show an intra-instrumentality alter ego 
        relationship.
            (8) In light of the sometimes opaque structure of state 
        instrumentalities and their increasing interactions with 
        companies and consumers of the United States, it is necessary 
        to preserve potential claims of people of the United States 
        against such entities based on their commercial activities. 
        Therefore, for purposes of determining jurisdiction under the 
        ``commercial activity'' exception to the Foreign Sovereign 
        Immunities Act of 1976 only, companies and consumers of the 
        United States should not be required to prove an alter ego 
        relationship between members of an instrumentality to establish 
        subject-matter jurisdiction, as follows.

SEC. 3. AMENDMENT.

    Section 1603(d) of title 28, United States Code, is amended--
            (1) by inserting ``(1)'' before ``A''; and
            (2) by adding at the end the following:
    ``(2) For purposes of section 1605(a)(2), a commercial activity of 
an agency or instrumentality of a foreign state shall be attributable 
to any corporate affiliate of the agency or instrumentality that--
            ``(A) directly or indirectly owns a majority of shares of 
        the agency or instrumentality; and
            ``(B) is also an agency or instrumentality of a foreign 
        state.''.

State-Owned Entity Transparency and Accountability Reform Act of 2016 This bill amends the federal judicial code to allow U.S. courts to hear cases against a foreign state's corporate affiliates under the exception to foreign sovereign immunity that subjects a foreign state's commercial activities to the jurisdiction of U.S. courts. In determining whether a U.S. court has jurisdiction to hear a case based on the commercial activity of a foreign state, a commercial activity of an agency or instrumentality of a foreign state is attributable to any corporate affiliate of the agency or instrumentality that: (1) directly or indirectly owns a majority of shares of the agency or instrumentality, and (2) is also an agency or instrumentality of a foreign state.