115 S1814 IS: Middle School Technical Education Program Act
U.S. Senate
2017-09-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II115th CONGRESS1st SessionS. 1814IN THE SENATE OF THE UNITED STATESSeptember 14, 2017Mr. Kaine (for himself, Mrs. Capito, Mrs. Shaheen, Mr. Wyden, Mr. Casey, Mr. Whitehouse, and Mr. Warner) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo provide support for the development of middle school career exploration programs linked to
			 career and technical education programs of study.

 1.Short titleThis Act may be cited as the Middle School Technical Education Program Act or the Middle STEP Act.
		2.Findings
 (a)FindingsCongress finds the following: (1)Career and technical education prepares students to be college and career ready by providing core academic, technical, and employability skills.
 (2)Eighty percent of students taking a college preparatory academic curriculum with rigorous career and technical education courses met college and career readiness goals, compared to 63 percent of students taking the same academic core who did not experience rigorous career and technical education courses.
 (3)Students concentrating in career and technical education improved their 12th grade National Assessment of Educational Progress scores by 8 points in reading and 11 points in mathematics, while students who took no career and technical education courses did not increase their mathematics scores and only increased reading scores by 4 points.
 (4)The average high school graduation rate in 2012 for students concentrating in career and technical education programs was 93 percent, compared to the average nationwide high school graduation rate of 80 percent.
 (5)Partnerships between businesses and educators help adults build academic, technical, and employability skills through education and on-the-job training.
				3.Purpose and definitions
 (a)PurposeThe purpose of this Act is to support the development of middle school career exploration programs linked to career and technical education programs of study.
 (b)DefinitionsIn this Act: (1)Career and technical education exploration programThe term career and technical education exploration program means a program that is developed through an organized, systemic framework and is designed to aid students in making informed plans and decisions about future education and career opportunities and enrollment in career and technical education programs of study.
 (2)Eligible partnershipThe term eligible partnership means an entity that— (A)shall include—
 (i)not less than 1 local educational agency that receives funding under section 131 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2351), or an area career and technical education school or educational service agency described in such section;
 (ii)not less than 1 eligible institution that receives funding under section 132 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2352); and
 (iii)not less than 1 representative of either a local or regional business, industry, nonprofit organization, or apprenticeship program; and
 (B)may include other representatives of the community, including representatives of parents’ organizations, labor organizations, nonprofit organizations, employers, and representatives of local workforce development boards (established under subtitle A of title I of the Workforce Innovation and Opportunity Act).
 (3)SecretaryThe term Secretary means the Secretary of Education. 4.Career exploration program development grants (a)AuthorizationThe Secretary shall create a pilot program to support the establishment of career and technical education exploration programs. In carrying out the pilot program, the Secretary shall award grants to eligible partnerships to enable the eligible partnerships to develop middle school career and technical education exploration programs that are aligned with career and technical education programs of study described in section 122(c)(1)(A) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2342(c)(1)(A)).
 (b)Grant durationGrants awarded under this Act shall be for a period of not more than 4 years. (c)ApplicationAn eligible partnership seeking a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. Each application shall include—
 (1)a description of the partner entities comprising the eligible partnership, the roles and responsibilities of each partner, and a demonstration of each partner's capacity to support the program;
 (2)a description of how the eligible partnership will use grant funds to carry out each of the activities described under subsection (e);
 (3)a description of how the middle school career and technical education exploration program aligns to regional economies and local emerging workforce needs;
 (4)a description of how the new middle school career and technical education exploration program is linked to—
 (A)one or more career and technical education programs of study offered by the agency or school described in section 3(b)(2)(A)(i); and
 (B)one or more career and technical education programs of study offered by the postsecondary institution described in section 3(b)(2)(A)(ii);
 (5)a description of the students that will be served by the middle school career and technical education exploration program;
 (6)a description of how the middle school career and technical education exploration program funded by the grant will be replicable;
 (7)a description of how the eligible partnership will disseminate information about best practices resulting from the middle school career and technical education exploration program to similar career and technical education programs of study, including such programs in urban and rural areas;
 (8)a description of how the middle school career and technical education exploration program will be implemented;
 (9)a description of how the middle school career and technical education exploration program will provide accessibility to students, especially economically disadvantaged, low-performing, and urban and rural students; and
 (10)a description of how the eligible partnership will carry out the evaluation required under subsection (f).
				(d)Selection of grantees
 (1)In GeneralThe Secretary shall determine, based on the peer review process described in paragraph (3) and subject to the requirement in paragraph (4), which eligible partnership applicants shall receive funding under this Act, and the amount of the grant funding under this Act that each selected eligible partnership will receive.
 (2)Grant AmountsIn determining the amount of each grant awarded under this Act, the Secretary shall— (A)ensure that all grants are of sufficient size, scope, and quality to be effective; and
 (B)take into account the total amount of funds available for all grants under this Act and the types of activities proposed to be carried out by the eligible partnership.
					(3)Peer Review Process
 (A)Establishment of peer review committeeThe Secretary shall convene a peer review committee to review applications for grants under this Act and to make recommendations to the Secretary regarding the selection of grantees.
 (B)Members of the peer review committeeThe peer review committee shall include the following members: (i)Educators who have experience implementing career and technical education programs and career exploration programs.
 (ii)Experts in the field of career and technical education. (4)Rural or small local educational agenciesThe Secretary shall set aside not less than 5 percent of the funds made available to award grants under this Act to award grants to eligible partnerships that include rural or small local educational agencies, as defined by the Secretary.
 (e)Use of fundsEach eligible partnership receiving a grant under this section shall use grant funds to develop and implement a middle school career and technical education exploration program that—
 (1)shall— (A)include introductory courses or experiential activities, such as student apprenticeships or other work-based learning methods, and project-based learning experiences;
 (B)include the implementation of a plan that demonstrates the transition from the middle school career and technical education exploration program to a career and technical education program of study that is offered by the entity described in section 3(b)(2)(A)(i);
 (C)include programs and activities related to the development of individualized graduation and career plans for students; and
 (D)offer career guidance and academic counseling that— (i)provides information about postsecondary education and career options; and
 (ii)provides participating students with readily available career and labor market information, such as information about employment sectors, educational requirements, information on workforce supply and demand, and other information on careers that are aligned to State or local economic priorities; and
 (2)may include expanded learning time activities that— (A)focus on career exploration, including apprenticeships and internships;
 (B)are available to all students in a middle school; and (C)take place during a time that is outside of the standard hours of enrollment for students that are served by the local educational agency.
					(f)Evaluations and Report
				(1)Evaluation
 (A)In GeneralEach eligible partnership that receives a grant under this Act shall collect appropriate data, or otherwise document through records (in a manner that complies with section 444 of the General Education Provisions Act (20 U.S.C. 1232g), commonly known as the Family Educational Rights and Privacy Act of 1974 and other applicable Federal and State privacy laws), the information necessary to conduct an evaluation of grant activities, including an evaluation of—
 (i)the extent of student participation in the middle school career and technical education exploration program carried out under this Act;
 (ii)the impact of the middle school career and technical education exploration program carried out under this Act on the students' transition to, or planned participation in, career and technical programs of study (as described in section 122(c)(1)(A) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2342(c)(1)(A))); and
 (iii)any other measurable outcomes specified by the Secretary. (B)Resources of the eligible partnershipThe evaluation described in this paragraph shall reflect the resources and capacity of the local educational agency, area career and technical education school, or educational service agency that is part of the eligible partnership in a manner determined by the Secretary.
 (2)ReportThe eligible partnership shall prepare and submit to the Secretary a report containing the results of the evaluation described in paragraph (1).


110 HRES 290 EH: Honoring the contributions of the Rocky Mountain Senior Games on its 30th anniversary for significantly improving the health and well-being of older Americans.
U.S. House of Representatives
2007-05-07
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV
110th CONGRESS
1st Session
H. RES. 290
In the House of Representatives, U. S.,

May 7, 2007

RESOLUTION
Honoring the contributions of the Rocky Mountain Senior Games on its 30th anniversary for significantly improving the health and well-being of older Americans.

Whereas in 1978 the Colorado Senior Sports Development Council (CSSDC) began hosting athletic competitions for individuals 50 years of age and older;
Whereas the city of Greeley, Colorado, worked with CSSDC to bring this popular athletic competition and social opportunity to the Rocky Mountain region;
Whereas the Rocky Mountain Senior Games originated as a 1-day event featuring swimming, basketball, and track and field;
Whereas the Rocky Mountain Senior Games now features a variety of sports and recreational activities during the week-long competition, including archery, badminton, basketball, billiards, bowling, cycling, golf, horseshoes, dancing, pickleball, race walking, racquetball, running, shuffleboard, swimming, table tennis, tennis, track and field, triathlon, trap and skeet shooting, and weight lifting;
Whereas the Rocky Mountain Senior Games encourages athletes of all abilities to participate in the competition by creating age categories with 5-year increments;
Whereas the competition is also divided into male and female divisions, as well as mixed divisions in several doubles events;
Whereas athletes who qualify at the State level are eligible to compete at the biennial National Senior Games;
Whereas Colorado is always well represented at the National Senior Games by athletes who pay their own expenses to attend and compete, such as the 640 Colorado athletes who have already qualified for the 2007 National Senior Games in Louisville, Kentucky;
Whereas participants in the Rocky Mountain Senior Games experience the friendly fellowship, comradery, and exhilaration of competition, as well as the enjoyment of associated social events;
Whereas participants in the Rocky Mountain Senior Games experience highly beneficial effects on both their physical and mental health, leading to the ultimate goal of the Games of promoting Fitness as a Lifestyle;
Whereas volunteers and event coordinators of all ages make the week’s events possible; and
Whereas the 30th annual Rocky Mountain Senior Games will be held from June 6–10, 2007: Now, therefore, be it

That the House of Representatives honors the contributions of the Rocky Mountain Senior Games on its 30th anniversary for significantly improving the health and well-being of older Americans.

Lorraine C. Miller,Clerk.


114 HRES 768 IH: Recognizing the sense of the House of Representatives that it is in the United States national security interest for Israel to maintain control of the Golan Heights.
U.S. House of Representatives
2016-06-07
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV
114th CONGRESS
2d Session
H. RES. 768
IN THE HOUSE OF REPRESENTATIVES

June 7, 2016
Mr. Lamborn submitted the following resolution; which was referred to the Committee on Foreign Affairs

RESOLUTION
Recognizing the sense of the House of Representatives that it is in the United States national security interest for Israel to maintain control of the Golan Heights.

Whereas in exercising its right of self-defense during the Six Day War in 1967, Israel seized from Syria the Golan Heights, a strategically important plateau overlooking northeastern Israel; Whereas modern Syria, born in 1946, has descended into brutal civil war, with President Bashar al-Assad now controlling less than 25 percent of the country;
Whereas despite recent advances by Syrian government troops, the Islamic State and other Sunni Islamists continue to control much of the territory President Assad once governed; Whereas since the beginning of the Syrian conflict in 2011, the violence has taken the lives of hundreds of thousands;
Whereas over one million people have been wounded; Whereas more than 5 million refugees have fled Syria to neighboring countries and to Europe, and millions more have become internally displaced persons;
Whereas according to the United Nations Office for the Coordination of Humanitarian Affairs, more than 13.5 million Syrians are in need of humanitarian assistance; Whereas the warring parties have compounded the problem by refusing humanitarian agencies access to civilians in need;
Whereas a functioning nation-state is far from being constructed out of the currently warring Alawite, Shia, Sunni, Kurd, and Druze factions; Whereas until the Six Day War in 1967, Syria used a heavily fortified Golan as a platform to fire at Israeli villages below;
Whereas Damascus also permitted the Palestinian Liberation Organization to use the Golan as a staging ground for terrorism; Whereas in the immediate aftermath of the Six Day War, Israel offered to negotiate the status of all the territories it had seized, and Syria, along with Israel’s other Arab neighbors, roundly rejected the offer;
Whereas, in 1973, Arab nations launched the Yom Kippur war in an attempt to retake the territory (including the Sinai and Golan Heights), to which U.S. military assistance was critical in assisting Israel in repelling. It also caused tremendous tension between the U.S. and the USSR, and threatened a larger potential conflict; Whereas since 1992, four Israeli prime ministers have sought to achieve peace with Syria: all initiatives have failed;
Whereas since being under Israeli control, the Golan has become a thriving site of agriculture, industry, and tourism; Whereas the Golan is home to approximately 20,000 Jewish Israelis, as well as 20,000 Druze, who speak Arabic and practice their own distinctive religion freely under Israeli control;
Whereas the peace and security of Israel is in the United States national security interest;  Whereas the region has been stable and the attacks against Israel have significantly decreased since Israel has controlled the Golan;
Whereas the Golan Heights must not come under the control of Islamic State jihadists, Hezbollah or other terrorist groups; Whereas Israel has a legitimate territorial claim to the Golan Heights, and Israeli law has applied to the Golan for almost 35 years;
Whereas Israel has exercised its authority in a manner that suits all the residents of the territory; and Whereas international law favors stability, order, and peace: Now, therefore, be it

That it is the sense of the House of Representatives that it is in the United States national security interest for Israel to maintain control of the Golan Heights.


117 S2301 IS: College Equity Act of 2021
U.S. Senate
2021-06-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 2301IN THE SENATE OF THE UNITED STATESJune 24, 2021Mr. Schatz (for himself, Mr. Blumenthal, and Ms. Klobuchar) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo amend the Higher Education Act of 1965 to provide capacity-building assistance to institutions of higher education to examine and address inequities in college student access and success, and for other purposes.1.Short titleThis Act may be cited as the College Equity Act of 2021.2.Sense of CongressIt is the sense of Congress that institutions of higher education should examine institutional policies related to admissions, financial aid, remedial education, support services, coursework, faculty, and staff that may have differential impacts on historically underrepresented students.3.Equity grantsTitle VII of the Higher Education Act of 1965 (20 U.S.C. 1133 et seq.) is amended by adding at the end the following:FEquity grants791.Equity planning grants(a)Authorization(1)In generalThe Secretary shall award planning grants to institutions of higher education to encourage institutions to conduct equity audits.(2)DurationA grant award under this section shall be 2 years in duration.(3)Minimum grant awardA grant award under this section shall be in an amount that is not less than $100,000.(b)ApplicationsA institution of higher education that desires to receive a planning grant under this section shall submit an application to the Secretary at such time, in such form, and containing such information, as the Secretary may require, including not less than the following:(1)A narrative statement with sufficient detail regarding how the institution intends to conduct the equity audit and that provides examples of certain policies, practices, and trends the institution intends to examine.(2)A description of all relevant offices, staff, and student representation who will be involved in implementing the equity audit, including demographic makeup of staff who will be involved in implementing the equity audit, disaggregated by race, gender, tenure status, and rank.(3)A description of what specific data, enrollment data, and outcome measures the institution will examine and for which student populations, disaggregated by gender, race, ethnicity, national origin, income, criminal justice background, military service history, age, first-generation student status, students with disabilities, student parents, and transfer students.(c)Use of grant fundsAn institution of higher education that receives a planning grant under this section to conduct an equity audit shall undertake a thorough internal review of the institution's policies, practices, and resources to identify areas that might produce gaps in access and outcomes by gender, race, ethnicity, national origin, income, criminal justice background, military service history, or age, or for first-generation students, students with disabilities, student parents, and transfer students. The equity audit shall examine, with respect to the institution of higher education, the following:(1)Admissions policies, including the demographics of the State or region where the institution is located, the demographics of communities where the institution recruits, the secondary schools from which enrolled students have graduated, the makeup of students admitted through early admissions, early decision, demonstrated interest, athletic preference admissions, and legacy admissions, the use of race, standardized tests, questions about citizenship status, and questions about criminal convictions in admissions processes, the use of application fees and waivers, and the treatment and admission of transfer students and credit transfer policies, including articulation agreements.(2)Outreach, communication, and other interactions with students who accept admission to the institution to ensure they officially enroll when the school term begins, including interactions to encourage students to accept their offer of admission.(3)The financial aid awarding policies and processes, including presentation of offer letters that clearly state the cost of attendance and make clear the difference between types of aid to students, the financial aid appeal process, the process of handling student accounts if funds are delayed due to verification, institutional grant aid policies (including the distribution of need-based and non-need-based grants), the process of distribution of campus-based aid, the availability and distribution of emergency aid, the availability or usage of in-kind assistance programs, and the process of which students receive institutional support and which students lose institutional support and when that occurs.(4)Access to, and participation in, pre-college and first-year experience offerings, such as orientation and bridge programs and advising.(5)Educational supports, such as remedial placement and success, gateway and intro course placement and success, academic resource center usage, advisor to student ratios, and how students are differentially affected by satisfactory academic progress policies.(6)Student support services, including demographics of staff and students served by academic or career advising, child care centers, mentoring programs, and mental health and counseling services.(7)Access to, and availability of, identity-based centers, staff, academic departments, and extracurricular organization for students of color, LGBTQ students, veterans, and other students. (8)Access to, and participation in, small academic programs, STEM programs, study abroad, undergraduate research opportunities, internships, volunteer programs, and civic service programs.(9)Diversity among administrators, advisers, faculty overall, adjunct faculty, and teachers of core and introductory-level courses, including pay equity, career advancement, and tenure, and the demographics of faculty teaching historically underrepresented students.(10)Hiring processes for administrators, advisers, faculty overall, adjunct faculty, and teachers of core and introductory-level courses.(11)Physical accessibility on the grounds of the institution and programmatic accessibility of campus services, activities, and programs.(12)Demographics of students hired by employers who recruit on campus for internships or employment or that the institution has partnerships with in work-based programs.(13)Any other policy, practice, or trend the institution deems relevant to identify areas that might produce gaps in access or outcomes, such as disciplinary fines and billing practices that lead to institutional holds or preventing students from enrolling.(d)Reporting requirementAn institution of higher education that receives a grant under this section shall submit a report to the Secretary detailing findings of the equity audit not later than 90 days after the date that the grant period ends and make the report available on the website of the institution.792.Equity implementation grants(a)DefinitionsIn this section:(1)Educational and related expenditures(A)In generalThe term educational and related expenditures means, with respect to an institution of higher education for an academic year, the total amount that is equal to the sum of—(i)the amount expended by the institution of higher education in the academic year for instruction and student services, and(ii)the amount determined under subparagraph (B) with respect to the institution of higher education for the academic year.(B)Education shareWith respect to an institution of higher education for an academic year, the amount determined under this subparagraph is equal to the product of—(i)the percentage that is equal to—(I)the amount expended by the institution of higher education in the academic year for instruction and student services, divided by(II)the amount expended by the institution of higher education in the academic year for instruction, student services, research, and public service, and(ii)the amount expended by the institution of higher education in the academic year for instruction, student services, and operation maintenance.(2)Eligible entityThe term eligible entity means an institution of higher education that has received an equity planning grant under section 791.(3)Full-time equivalent undergraduate studentsThe term full-time equivalent undergraduate students means the sum of the number of undergraduate students enrolled full time at an institution of higher education, plus the full-time equivalent of the number of undergraduate students enrolled part time (determined on the basis of the quotient of the sum of the credit hours of all part-time students divided by 12) at such institution.(b)Authorization of grants(1)In generalThe Secretary shall award, on a competitive basis, implementation grants to enable eligible entities to develop and execute an improvement plan to address the findings of the equity audit.(2)Determination of grant sizeThe Secretary shall award implementation grants under this section in an amount based on—(A)the eligible entity's enrollment size; and(B)the severity of equity audit findings, including low overall performance outcomes or large performance gaps between groups of students.(3)DurationA grant award under this section shall be 5 years in duration.(c)Application(1)In generalAn eligible entity that desires to receive an implementation grant under this section shall submit an application to the Secretary at such time, in such form, and containing such information, as the Secretary may require.(2)ContentsEach application submitted under paragraph (1) shall include the following:(A)Demographic information and data about the eligible entity, including a description of the entity’s mission, history, enrollment size, enrollment by race or ethnicity, the student population it serves, and educational and related expenditures.(B)A description of equity audit findings, including the gaps in outcomes identified and for which group of students, including by race or ethnicity.(C)An improvement plan that includes a description of the specific activities the eligible entity will carry out with the funds made available by such grant to address the specific gaps or problems identified by the equity audit.(D)A description of how the eligible entity will annually monitor and assess its progress in closing achievement gaps.(E)A description of the level of institutional commitment and which institutional leaders and offices will be involved in the planning, improvement, and assessment process.(3)PriorityAn application submitted under paragraph (1) shall receive priority based on the following:(A)The average educational and related expenditures per full-time equivalent undergraduate student of the eligible entity is low in comparison with the average educational and related expenditures per full-time equivalent undergraduate student of institutions that offer similar instruction.(B)The eligible entity demonstrates low overall performance outcomes or large performance gaps between groups of students and submits additional written statements from select executive-level institutional leaders, including members of any governing board of trustees, to demonstrate their interest and commitment to executing the improvement plan.(C)The eligible entity has an enrollment of students not less than 30 percent of whom are eligible to receive a Federal Pell Grant.(d)Reporting requirements(1)Progress reportsAn eligible entity awarded an implementation grant under this section shall submit a report detailing progress on its improvement plan to the Secretary not later than 3 years after being awarded the grant and again not later than 5 years after being awarded the grant.(2)Final reportNot later than 90 days after the date a grant period awarded under this section ends, the Secretary shall submit to Congress a report detailing the grantee’s initial equity audit findings and progress in addressing identified equity gaps.793.Authorization of appropriationsThere are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal year 2022 and each succeeding fiscal year..4.AccreditationSection 496(a) of the Higher Education Act of 1965 (20 U.S.C. 1099b(a)) is amended—(1)in paragraph (7), by striking and after the semicolon;(2)in paragraph (8), by striking the period at the end and inserting ; and; and(3)by adding at the end the following:(9)such agency or association shall—(A)assess findings from an equity audit conducted under section 791 of any institution of higher education the agency or association accredits; and(B)provide ongoing feedback and technical assistance to help such institutions address the findings from the equity audit and share best practices from the equity audits..


116 HRES 363 IH: Recognizing the roles and contributions of America’s teachers to building and enhancing the Nation’s civic, cultural, and economic well-being.
U.S. House of Representatives
2019-05-09
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV116th CONGRESS1st SessionH. RES. 363IN THE HOUSE OF REPRESENTATIVESMay 9, 2019Mr. Graves of Missouri (for himself, Mr. Loebsack, Mr. Thompson of California, Mr. McGovern, Mr. Bost, Mr. Guthrie, Mr. Emmer, Ms. DelBene, Mr. Luetkemeyer, Mr. Fitzpatrick, Ms. Davids of Kansas, and Mrs. Hartzler) submitted the following resolution; which was referred to the Committee on Education and LaborRESOLUTIONRecognizing the roles and contributions of America’s teachers to building and enhancing the
			 Nation’s civic, cultural, and economic well-being.

 Whereas education and knowledge are the foundation of America’s current and future strength; Whereas the purpose of National Teacher Appreciation Week, held during May 6, 2019, through May 10, 2019, is to raise public awareness of the unquantifiable contributions of teachers and to promote greater respect and understanding for the teaching profession; and
 Whereas students, schools, communities, and a number of organizations representing educators are hosting teacher appreciation events in recognition of National Teacher Appreciation Week: Now, therefore, be it

 That the House of Representatives thanks and promotes the profession of teaching by encouraging students, parents, school administrators, and public officials to participate in teacher appreciation events during National Teacher Appreciation Week.


114 S1766 IS: Restore Honor to Service Members Act
U.S. Senate
2015-07-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II114th CONGRESS1st SessionS. 1766IN THE SENATE OF THE UNITED STATESJuly 15, 2015Mr. Schatz (for himself, Mrs. Gillibrand, Ms. Warren, Mr. Whitehouse, Mr. Markey, Mrs. Shaheen, Mr. Brown, Mr. Merkley, Mr. Wyden, Ms. Klobuchar, Mr. Peters, Mr. Udall, Ms. Cantwell, Mr. Bennet, Ms. Baldwin, Ms. Hirono, Mr. Schumer, Mr. Heinrich, Mrs. Boxer, Mrs. Feinstein, Mr. Murphy, Mr. Franken, and Mr. Booker) introduced the following bill; which was read twice and referred to the Committee on Armed ServicesA BILLTo direct the Secretary of Defense to review the discharge characterization of former members of
			 the Armed Forces who were discharged by reason of the sexual orientation
			 of the member, and for other purposes.

 1.Short titleThis Act may be cited as the Restore Honor to Service Members Act.
		2.Review of
			 discharge characterization
			(a)In
 generalIn accordance with this section, the appropriate discharge boards—
 (1)shall review the discharge characterization of covered members at the request of the covered member; and
 (2)if such characterization is any characterization except honorable, may change such characterization to honorable.
 (b)CriteriaIn changing the discharge characterization of a covered member to honorable under subsection (a)(2), the Secretary of Defense shall ensure that such changes are carried out consistently and uniformly across the military departments using the following criteria:
 (1)The original discharge must be based on Don’t Ask Don’t Tell (in this Act referred to as DADT) or a similar policy in place prior to the enactment of DADT.
 (2)Such discharge characterization shall be so changed if, with respect to the original discharge, there were no aggravating circumstances, such as misconduct, that would have independently led to a discharge characterization that was any characterization except honorable. For purposes of this paragraph, such aggravating circumstances may not include—
 (A)an offense under section 925 of title 10, United States Code (article 125 of the Uniform Code of Military Justice), committed by a covered member against a person of the same sex with the consent of such person; or
 (B)statements, consensual sexual conduct, or consensual acts relating to sexual orientation or identity, or the disclosure of such statements, conduct, or acts, that were prohibited at the time of discharge but after the date of such discharge became permitted.
 (3)When requesting a review, a covered member, or the member's representative, shall be required to provide either—
 (A)documents consisting of—
 (i)a copy of the DD–214 form of the member;
 (ii)a personal affidavit of the circumstances surrounding the discharge; and
 (iii)any relevant records pertaining to the discharge; or
 (B)an affidavit certifying that the member, or the member's representative, does not have the documents specified in subparagraph (A).
 (4)If a covered member provides an affidavit described in subparagraph (B) of paragraph (3)—
 (A)the appropriate discharge board shall make every effort to locate the documents specified in subparagraph (A) of such paragraph within the records of the Department of Defense; and
 (B)the absence of such documents may not be considered a reason to deny a change of the discharge characterization under subsection (a)(2).
					(c)Request for
 reviewThe appropriate discharge board shall ensure the mechanism by which covered members, or their representative, may request to have the discharge characterization of the covered member reviewed under this section is simple and straightforward.
			(d)Review
				(1)In
 generalAfter a request has been made under subsection (c), the appropriate discharge board shall review all relevant laws, records of oral testimony previously taken, service records, or any other relevant information regarding the discharge characterization of the covered member.
				(2)Additional
 materialsIf additional materials are necessary for the review, the appropriate discharge board—
 (A)may request additional information from the covered member or the member's representative, in writing, and specifically detailing what is being requested; and
 (B)shall be responsible for obtaining a copy of the necessary files of the covered member from the member, or when applicable, from the Department of Defense.
					(e)Change of
 characterizationThe appropriate discharge board shall change the discharge characterization of a covered member to honorable if such change is determined to be appropriate after a review is conducted under subsection (d) pursuant to the criteria under subsection (b). A covered member, or the member's representative, may appeal a decision by the appropriate discharge board to not change the discharge characterization by using the regular appeals process of the board.
			(f)Change of
 recordsFor each covered member whose discharge characterization is changed under subsection (e), or for each covered member who was honorably discharged but whose DD–214 form reflects the sexual orientation of the member, the Secretary of Defense shall reissue to the member or the member's representative a revised DD–214 form that reflects the following:
 (1)For each covered member discharged, the Separation Code, Reentry Code, Narrative Code, and Separation Authority shall not reflect the sexual orientation of the member and shall be placed under secretarial authority. Any other similar indication of the sexual orientation or reason for discharge shall be removed or changed accordingly to be consistent with this paragraph.
 (2)For each covered member whose discharge occurred prior to the creation of general secretarial authority, the sections of the DD–214 form referred to paragraph (1) shall be changed to similarly reflect a universal authority with codes, authorities, and language applicable at the time of discharge.
				(g)Status
				(1)In
 generalEach covered member whose discharge characterization is changed under subsection (e) shall be treated without regard to the original discharge characterization of the member, including for purposes of—
 (A)benefits provided by the Federal Government to an individual by reason of service in the Armed Forces; and
 (B)all recognitions and honors that the Secretary of Defense provides to members of the Armed Forces.
 (2)ReinstatementIn carrying out paragraph (1)(B), the Secretary shall reinstate all recognitions and honors of a covered member whose discharge characterization is changed under subsection (e) that the Secretary withheld because of the original discharge characterization of the member.
 (h)DefinitionsIn this section:
 (1)The term appropriate discharge board means the boards for correction of military records under section 1552 of title 10, United States Code, or the discharge review boards under section 1553 of such title, as the case may be.
 (2)The term covered member means any former member of the Armed Forces who was discharged from the Armed Forces because of the sexual orientation of the member.
 (3)The term discharge characterization means the characterization under which a member of the Armed Forces is discharged or released, including dishonorable, general, other than honorable, and honorable.
 (4)The term Don’t Ask Don’t Tell means section 654 of title 10, United States Code, as in effect before such section was repealed pursuant to the Don't Ask, Don't Tell Repeal Act of 2010 (Public Law 111–321).
 (5)The term representative means the surviving spouse, next of kin, or legal representative of a covered member.
				3.Reports
 (a)ReviewThe Secretary of Defense shall conduct a review of the consistency and uniformity of the reviews conducted under section 2.
 (b)ReportsNot later than 270 days after the date of the enactment of this Act, and each year thereafter for a four-year period, the Secretary shall submit to Congress a report on the reviews under subsection (a). Such reports shall include any comments or recommendations for continued actions.
			4.Historical
 reviewThe Secretary of each military department shall ensure that oral historians of the department—
 (1)review the facts and circumstances surrounding the estimated 100,000 members of the Armed Forces discharged from the Armed Forces between World War II and September 2011 because of the sexual orientation of the member; and
 (2)receive oral testimony of individuals who personally experienced discrimination and discharge because of the actual or perceived sexual orientation of the individual so that such testimony may serve as an official record of these discriminatory policies and their impact on American lives.


111 HR 1736 IH: Moving and Fostering Innovation to Revolutionize Smarter Transportation Act
U.S. House of Representatives
2021-03-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 1736IN THE HOUSE OF REPRESENTATIVESMarch 10, 2021Mr. DeSaulnier introduced the following bill; which was referred to the Committee on Transportation and InfrastructureA BILLTo direct the Secretary of Transportation to establish the Strengthening Mobility and Revolutionizing Transportation (SMART) Challenge Grant Program to promote technological innovation in our Nation’s communities.1.Short titlesThis Act may be cited as the Moving and Fostering Innovation to Revolutionize Smarter Transportation Act or the Moving FIRST Act.2.FindingsCongress makes the following findings:(1)Beyond Traffic 2045, a comprehensive assessment of the national transportation system recently published by the Department of Transportation, identified transportation trends that need to be proactively addressed, including—(A)the population of the United States will increase by 70,000,000 during the 30-year period ending in 2045;(B)emerging megaregions could absorb 75 percent of the United States population by 2050;(C)freight volume will increase by more than 40 percent by 2045;(D)Americans are currently stuck in traffic for more than 42 hours each year, on average;(E)the current annual cost of congestion in delays and lost fuel amounts to $160,000,000,000;(F)96 people die in motor vehicle crashes in the United States every day, on average, and nearly 6,700 are injured per day; and(G)connected vehicles and new crash avoidance technology could potentially address 81 percent of crashes involving unimpaired drivers.(2)According to the Department of Transportation, in 2015—(A)traffic crash-related deaths increased by more than 7 percent compared to 2014;(B)pedestrian fatalities increased by more than 9 percent compared to 2014; and(C)pedalcyclist fatalities increased by more than 12 percent compared to 2014.(3)In 2015, the Secretary of Transportation created the Smart City Challenge to assist cities in addressing the challenges facing our Nation’s transportation system through innovative and creative means, utilizing both the public and the private sectors.(4)By asking American cities to use emerging transportation technologies to address their most pressing problems, the Smart City Challenge aimed to spark and spread innovation through a mixture of collaboration, competition, and experimentation.(5)The following outcomes were expected from the original Smart City Challenge and are expected to result from the SMART grants awarded under this Act:(A)Improved safety from the use of advanced technologies, including connected vehicle technologies, to reduce the number of collisions, fatalities, and injuries for vehicle occupants and nonvehicle occupants.(B)Enhanced mobility by providing realtime traveler information and emerging mobility services to improve personal mobility for all citizens including people with lower incomes, people with disabilities, and older adults.(C)Enhanced ladders of opportunity by—(i)providing access to advanced technology and its benefits for underserved areas and residents;(ii)increasing connectivity to employment, education, and other services; and(iii)contributing to revitalization by incentivized reinvestment in underserved communities.(D)Reduction in pollution by implementing advanced technologies and policies that support a more sustainable and cost-effective relationship between transportation and the environment through more efficient fuel use and emissions reductions.3.DefinitionsIn this Act:(1)Large communityThe term large community means an applicant community with a population between 400,000 and 1,000,000, according to the Census Bureau’s most recent annual estimates of resident population.(2)Mid-sized communityThe term mid-sized community means an applicant community with a population between 75,000 and 400,000, or an applicant community with a population between 10,000 and 75,000 that is located within an urbanized area or cluster, according to the Census Bureau’s most recent annual estimates of resident population.(3)Multi-jurisdictional groupThe term multi-jurisdictional group means an applicant composed of 2 or more combination of States, tribal governments, local governments, public transit agencies, public toll authorities, or metropolitan planning organizations (as defined in section 134(b) of title 23, United States Code), each of which is eligible to apply for a SMART grant under section 4.(4)Regional partnershipThe term regional partnership means a group of 2 or more jurisdictions with a combined population between 10,000 and 75,000, according to the Census Bureau’s most recent annual estimates of resident population, which have entered into a partnership to apply for a SMART grant under section 4.(5)Rural communityThe term rural community means an applicant community with a population between 10,000 and 75,000 people that is not located within an urbanized area or cluster, according to the Census Bureau’s most recent annual estimates of resident population.(6)SecretaryThe term Secretary means the Secretary of Transportation.(7)Strengthening mobility and revolutionizing transportation grant; SMART grantThe terms Strengthening Mobility and Revolutionizing Transportation grant and SMART grant means a grant awarded to an eligible applicant under section 4.4.SMART Grant Program(a)Grants authorizedDuring each of the fiscal years 2020 through 2024, the Secretary is authorized to award—(1)1 SMART grant of not less than $30,000,000 or more than $50,000,000 to an applicant on behalf of a large community to carry out an eligible project;(2)1 SMART grant of not less than $30,000,000 or more than $50,000,000 to an applicant on behalf of a mid-sized community to carry out an eligible project; and(3)2 SMART grants, totaling not more than the greater of $20,000,000 or 20 percent of the amount appropriated pursuant to section 6(a) for the fiscal year, to applicants on behalf of rural communities or regional partnerships to carry out eligible projects.(b)Eligible applicantsThe following entities are eligible to receive a grant under this section:(1)A unit of local government, including counties.(2)A tribal government.(3)A public transit agency or authority.(4)A public toll authority.(5)A metropolitan planning organization.(6)A multi-jurisdictional group applying through a single lead applicant.(c)Application process(1)In generalAn eligible applicant may apply for a grant under this section by submitting an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require to evaluate the merits of the proposed project in accordance with the selection criteria set forth in subsection (d).(2)Technical assistance(A)State departments of transportationEligible rural and regional partnership applicants are strongly encouraged to seek technical assistance from the department of transportation in their respective States during the application process and during the implementation of a project that is awarded a SMART grant, as applicable.(B)Federal department of transportationThe Secretary, after reviewing all of the applications for SMART grants submitted in a fiscal year under paragraphs (1), (2), and (3) of subsection (a), shall—(i)provide not fewer than 2 applicants from each of the 3 groups of applicants that submitted applications deemed superior by the Secretary with limited technical assistance to improve their respective applications; and(ii)allow such applicants to resubmit their improved applications before determining which applicants will receive a SMART grant in such fiscal year.(3)Multiple grantsAn eligible applicant may not be awarded more than 1 SMART grant during the duration of the SMART Grant Program.(d)Selection criteria(1)In generalA panel of experts from the Department of Transportation, including representatives from the applicable subagencies within the Department and representatives from any of the National Institute of Standards and Technology’s Smart Cities and Communities Projects, shall evaluate applications for SMART grants based on the applicable criteria described in paragraphs (2) and (3).(2)Applicant readinessThe panel referred to in paragraph (1) shall determine the extent to which the applicant or applicant community—(A)has a dense urban population typical for a large or mid-sized American city (except for grants described in subsection (a)(3));(B)represents more than 15 percent of the population of the census-designated place in which it is located, according to the Census Bureau’s most recent annual estimates of resident population;(C)has a public transportation system or other transit options committed to integrating with the sharing economy, and is considering options to reduce the frequency of single occupancy vehicles;(D)has an environment that is conducive to demonstrating proposed strategies;(E)has continuity of committed leadership and capacity to carry out the proposed project;(F)is committed to making open, machine-readable data accessible, discoverable, and usable by the public, in a secure fashion, to fuel entrepreneurship and innovation; and(G)is likely to successfully implement the project, including technical and financial commitments from public and private sectors, and its functional capability to perform.(3)Effective use of technology and project benefitsThe panel shall determine the extent to which the proposed project will use advanced data and intelligent transportation systems technologies and applications to provide significant benefits to a local area, a State, a region, or the United States, including the extent to which the project will—(A)reduce congestion and delays for commerce and the traveling public;(B)improve the safety of transportation facilities and systems for pedestrians, bicyclists, and the broader traveling public;(C)provide access to jobs, education, and essential services, including health care;(D)connect underserved populations and reduce their transportation costs;(E)contribute to medium- and long-term economic competitiveness;(F)improve the condition, reliability, and user experience of existing transportation facilities and systems;(G)promote connectivity between connected vehicles, roadway infrastructure, pedestrians, bicyclists, the public, and transportation systems;(H)use innovative strategies or technologies to pursue any of the primary selection criteria;(I)demonstrate strong collaboration among a broad range of participants, including the private sector, job centers, or the integration of transportation with other public service efforts, including working with existing mobile and fixed telecommunication service provides whenever possible;(J)improve the overall environment, including through improved energy efficiency, reduced dependence on oil, or reduced pollution;(K)promote or improve positive public health outcomes for a community;(L)increase resiliency of the transportation system;(M)incorporate relevant security solutions and address emergency situations based on the scope and necessity;(N)includes sufficient technical, physical, and administrative measures to ensure security of information and protection of individuals’ privacy; and(O)address issues identified by the Department of Transportation in the Beyond Traffic 2045 report.(e)Use of grant funds(1)Vision elementsA SMART grant may be used for a project that demonstrates a sound, innovative, integrated, and holistic approach and incorporates many aspects of the applicable vision elements set forth in this paragraph.(A)Coordinated automationThe use of automated transportation and autonomous vehicles, which offer tremendous possibilities for enhancing safety, mobility, accessibility, equity, and the environment, while working to minimize the impact on the accessibility of any other user group or mode of travel.(B)Connected vehiclesConnected vehicles, which send and receive information about their movements in the network, use vehicle-to-vehicle, vehicle-to-infrastructure, and vehicle-to-pedestrian communications to provide connectivity that will enable countless safety, mobility, and environmental applications.(C)Intelligent, sensor based infrastructureThe use of a collective intelligent infrastructure allows sensors to collect and report real-time data to inform every day transportation-related operations, performance, and trends of a community, ensuring that data collection and dissemination is conducted in a safe, secure manner.(D)Architecture and standardsThe explicit use of architectures, which—(i)are governed by rules, documentation, and standards;(ii)may be extended to a nationwide or broader deployment;(iii)are defined and demonstrate integration of intelligent transportation systems with other systems which comprise a smart community; and(iv)include a description of the required interfaces to other systems that utilize existing networking or other standards, if available, and any new standards that may be needed.(E)Low cost, efficient, secure, and resilient information and communications technologyStrategies and practices that advance information and communications technology that is affordable, adaptable, efficient, secure and resilient, including integrated telecommunications platforms, enterprise software, storage, and visualization systems.(F)Smart land useStrategies and practices that ensure land use is efficiently optimized through a combination of planning and innovation deployments designed to lead to a better connected community that incorporates new modes of shared and sustainable transportation into its existing infrastructure, expanding the range of transportation choices and access to employment, housing, education and health services, which may include—(i)the establishment of value capture programs and value capture districts to use a portion of the increase in value resulting infrastructure investments as part of a mixed package of funding for the infrastructure and other public benefits; and(ii)planning updates and policy changes to increase the supply of housing located in proximity to public transportation services.(G)Comprehensive analyticsThe development of platforms for understanding and analyzing data to address complex challenges, including personal safety and mobility, network efficiency, and environmental sustainability, and measuring the performance of a transportation network.(H)User-focused mobility services and choicesStrategies, initiatives, and services, including connected vehicles, automated vehicles, and ride, bicycle, and scooter share innovations, consistent with current law, that increase transportation choices and options by supporting and improving mobility for all travelers, including aging Americans and persons with disabilities and advanced traveler information systems that provide real-time traffic, transit, parking, and other transportation-related information to travelers.(I)Commerce delivery and logisticsInnovative solutions supporting efficient goods movement in ways that use data or deploy technology, such as connected vehicle probe data, road weather data, or GPS, to create opportunities for a more efficient supply chain approach that delivers safer logistics management, improved on-time pickups and delivery, improved travel time reliability, reduced fuel consumption, and reduced labor and vehicle maintenance costs.(J)Leverage the use of innovative aviation technologyLeveraging the use of innovative aviation technologies, such as unmanned aircraft systems, to support transportation safety and efficiencies, including traffic monitoring and infrastructure inspection.(K)Strategic business models and partnering opportunitiesCreative strategic partnerships that—(i)draw in stakeholders, including private sector, nonprofit, foundation, philanthropic, academia, and other public agencies, to advance SMART grant solutions; and(ii)may include collaboration among transit agencies and other transportation providers to integrate multiple transportation services for increased efficiency, reliability, and convenience in first and last mile travel.(L)Smart grid, roadway electrification, and electric vehiclesStrategies and initiatives that—(i)leverage the smart grid (a programmable and efficient energy transmission and distribution system) to support the adoption or expansion of roadway electrification, energy capture, and electric vehicle deployment, including electrically assisted bicycles, or freight or commercial fleet fuel efficiency; and(ii)explore and utilize interactions between electric vehicles and intelligent transportation systems with the smart grid.(M)Synchronization of technologyStrategies and initiatives that utilize technology, such as integrated mobile commerce infrastructure—(i)to enhance public interaction with transportation systems;(ii)to increase intermodal efficiency; and(iii)to accelerate the transition to open payment fare systems, broadband, GPS, or Wi-Fi access.(N)Connected, involved citizensStrategies, local campaigns, and processes to proactively engage and inform citizens at the individual level by deploying hardware, software, and open data platforms in an effort to increase personal mobility.(2)Eligible project costsA SMART grant may be used for—(A)development phase activities, including a reasonable amount of funding, as determined by the Secretary, for—(i)planning;(ii)feasibility analysis;(iii)revenue forecasting;(iv)environmental review;(v)permitting;(vi)preliminary engineering and design work;(vii)acquisition of real property (including land related to the eligible project and improvements to land);(viii)systems development or information technology work; and(ix)other preconstruction activities; and(B)construction phase activities, including—(i)construction;(ii)reconstruction;(iii)rehabilitation;(iv)replacement;(v)environmental mitigation;(vi)construction contingencies; and(vii)acquisition of equipment, including vehicles.(3)Prohibited use of grant fundsSMART grants may not be used—(A)to reimburse any pre-award costs or application preparation costs under the proposed project application;(B)for traffic or parking enforcement activities; or(C)to purchase or lease license plate readers.(f)Transparency(1)In generalThe Secretary shall include, in any notice of funding availability, a full description of how applications will be evaluated against the criteria set forth in subsection (d).(2)Consultations on decisionsAfter all SMART grants have been awarded for a fiscal year, the Secretary (or the Secretary’s designee) shall be available to communicate directly with and have a debrief with each unsuccessful applicant.(g)Submission of application for other Federal transportation funding programs To carry out proposed SMART grant projectsNotwithstanding any other provision of law, an eligible project under this section is deemed to be an eligible project under any of the following programs:(1)The Better Utilizing Investments to Leverage Development (BUILD) discretionary grant program (previously known as the Transportation Investment Generating Economic Recovery (TIGER) discretionary grants) established under title XII of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5).(2)The Infrastructure for Rebuilding America (INFRA) grant program (previously known as the Nationally Significant Freight and Highway Projects Program) established under section 117 of title 23, United States Code.(3)The Transportation Infrastructure Finance and Innovation program (commonly known as TIFIA) established under chapter 6 of title 23, United States Code.(4)The Railroad Rehabilitation and Improvement Financing Program of the Federal Railroad Administration established under title V of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.).(5)The Capital Investment Grants Program of the Federal Transit Administration authorized under section 5309 of title 49, United States Code.(6)The Congestion Mitigation and Air Quality Improvement Program of the Federal Highway Administration established pursuant to section 149 of title 23, United States Code.(7)The Advanced Transportation and Congestion Management Technologies Deployment program (commonly known as ATCMTD) established under section 503(c)(4) of title 23, United States Code.5.Reporting requirements(a)Report to SecretaryNot later than 3 years after the date on which a SMART grant recipient receives a grant under section 4, and annually thereafter until such grant is expended, the recipient shall submit an implementation report to the Secretary that describes—(1)the deployment and operational costs compared to the benefits and savings from the project; and(2)how the project has met the original expectation as projected in the deployment plan submitted with the application, including—(A)data on how the project—(i)affected the measurement and improvement of transportation system performance through the deployment of advanced technologies;(ii)reduced traffic-related fatalities and injuries;(iii)reduced traffic congestion, improved travel time reliability, and reduced costs;(iv)reduced transportation-related emissions;(v)optimized multimodal system performance;(vi)improved access to all transportation alternatives;(vii)implemented technological innovation to increase efficiency with regards to intermodal communication, energy consumption, information and communications technology, and personal mobility;(viii)provided the public with access to real-time integrated traffic, transit, and multimodal transportation information to make informed travel decisions;(ix)provided cost savings to transportation agencies, businesses, and the traveling public;(x)provided other benefits to transportation users and the general public;(xi)reduced barriers or improved access to jobs, education, or various essential services; and(xii)utilized partnerships with the private sector, such as creative strategic partnerships, which—(I)draw in stakeholders, including the private sector, nonprofit organizations, foundations, philanthropic organizations, academia, and other public agencies, to advance SMART grant solutions; and(II)may include collaboration among transit agencies and other transportation providers to integrate multiple transportation services for increased efficiency, reliability, and convenience in first and last mile travel; (B)the effectiveness of providing real-time integrated traffic, transit, and multimodal transportation information to the public to make informed travel decisions; and(C)lessons learned and recommendations for future deployment strategies to optimize transportation efficiency and multimodal system performance.(b)GAO biennial reviewsNot later than 2 years after the first SMART grant is awarded, and biennially thereafter, the Comptroller General of the United States shall conduct a review of the SMART grant selection process and submit a report containing the results of such review to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Environment and Public Works of the Senate, the Committee on Appropriations of the Senate, the Committee on Energy and Commerce of the House of Representatives, the Committee on Appropriations of the House of Representatives, and the Committee on Transportation and Infrastructure of the House of Representatives.(c)Report to CongressNot later than 2 years after the date on which initial grants are awarded under section 4, the Secretary shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Appropriations of the Senate, the Committee on Environment and Public Works of the Senate, the Committee on Energy and Commerce of the House of Representatives, the Committee on Appropriations of the House of Representatives, and the Committee on Transportation and Infrastructure of the House of Representatives that—(1)describes all of the grant recipients;(2)identifies the amount each grant recipient was awarded;(3)summarizes the intended uses for the grants;(4)describes the effectiveness of SMART grant recipients in meeting their projected deployment plan;(5)analyzes how the projects funded by such grants or by other Department of Transportation financial assistance described in section 4(f) have—(A)affected the measurement and improvement of transportation system performance through the deployment of advanced technologies;(B)reduced traffic-related fatalities and injuries;(C)reduced traffic congestion, improved travel time reliability, and reduced costs;(D)reduced transportation-related emissions;(E)optimized multimodal system performance;(F)improved access to all transportation alternatives;(G)implemented technological innovation to increase efficiency with regards to intermodal communication, energy consumption, information and communications technology, and personal mobility;(H)provided the public with access to real-time integrated traffic, transit, and multimodal transportation information to make informed travel decisions;(I)provided cost savings to transportation agencies, businesses, and the traveling public;(J)provided other benefits to transportation users and the general public;(K)reduced barriers or improved access to jobs, education, or various essential services;(L)utilized partnerships with the private sector, such as creative strategic partnerships, which—(i)draw in stakeholders, including the private sector, nonprofit organizations, foundations, philanthropic organizations, academia, and other public agencies, to advance SMART grant solutions; and(ii)may include collaboration among transit agencies and other transportation providers to integrate multiple transportation services for increased efficiency, reliability, and convenience in first and last mile travel; and(M)effectively provided real-time integrated traffic, transit, and multimodal transportation information to the public to make informed travel decisions; and(6)describes lessons learned and recommendations for future deployment strategies to optimize transportation efficiency and multimodal system performance.6.Authorization of appropriations(a)In generalThere are authorized to be appropriated to the Department of Transportation $100,000,000 for each of the first 5 fiscal years beginning after the date of the enactment of this Act, of which—(1)not more than 80 percent shall be used for SMART grants to large communities and mid-sized communities under paragraphs (1) and (2) of section 4(a);(2)not more than 20 percent shall be used for SMART grants to rural communities or regional partnerships under section 4(a)(3); and(3)not more than 2 percent shall be used for administrative costs by the Office of the Secretary within the Department of Transportation.(b)LimitationA grant recipient may not use more than 2 percent of the grant award each fiscal year to carry out reporting specifications required under the administration of this program.(c)AvailabilityAmounts appropriated for a fiscal year pursuant to this section shall be available for obligation during the 2-year period beginning on the first day of the fiscal year for which such amounts were appropriated.


116 HR 1918 IH: To designate the community-based outpatient clinic of the Department of Veterans Affairs in Bozeman, Montana, as the “Travis W. Atkins Department of Veterans Affairs Clinic”.
U.S. House of Representatives
2019-03-27
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 1918IN THE HOUSE OF REPRESENTATIVESMarch 27, 2019Mr. Gianforte introduced the following bill; which was referred to the Committee on Veterans' AffairsA BILLTo designate the community-based outpatient clinic of the Department of Veterans Affairs in
			 Bozeman, Montana, as the Travis W. Atkins Department of Veterans Affairs Clinic.

		1.Designation of Travis W. Atkins Department of Veterans Affairs Clinic in Bozeman, Montana
 (a)DesignationThe community-based outpatient clinic of the Department of Veterans Affairs located at 300 North Willson Avenue, Bozeman, Montana, shall after the date of the enactment of this Act be known and designated as the Travis W. Atkins Department of Veterans Affairs Clinic or the Travis W. Atkins VA Clinic.
 (b)ReferenceAny reference in any law, regulation, map, document, paper, or other record of the United States to the community-based outpatient clinic referred to in subsection (a) shall be considered to be a reference to the Travis W. Atkins Department of Veterans Affairs Clinic.


		I
		111th CONGRESS
		1st Session
		H. R. 302
		IN THE HOUSE OF REPRESENTATIVES

			January 8, 2009
			Mr. Ackerman (for
			 himself, Mrs. Maloney,
			 Mr. Weiner,
			 Mr. Capuano,
			 Mrs. McCarthy of New York,
			 Mrs. Lowey, and
			 Mr. Perlmutter) introduced the
			 following bill; which was referred to the Committee on Financial
			 Services

		A BILL
		To require the Securities and Exchange Commission to
		  reinstate the uptick rule on short sales of securities.

		1.Reinstatement
			 requiredWithin 90 days after
			 the date of enactment of this Act, the Securities and Exchange Commission
			 shall—
			(1)reinstate rule
			 10a–1 of the Commission’s rules (17 CFR 240.10a–1);
			(2)rescind rule 201
			 of regulation SHO (17 CFR 242.201); and
			(3)take such other actions as may be necessary
			 to reinstate the price test restrictions that applied to short sales of
			 securities prior to the Commission’s action in the proceeding entitled
			 Regulation SHO and Rule 10a–1, adopted June 28, 2007 (Release
			 No. 34–55970; File No. S7–21–06).


114 S3509 IS: South China Sea and East China Sea Sanctions Act of 2016
U.S. Senate
2016-12-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		114th CONGRESS2d Session
		S. 3509
		IN THE SENATE OF THE UNITED STATES

			December 6, 2016
			Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Foreign Relations

		A BILL
		To impose sanctions with respect to the People's Republic of China in relation to activities in the
			 South China Sea and the East China Sea, and for other purposes.

		1.Short title; table of contents
 (a)Short titleThis Act may be cited as the South China Sea and East China Sea Sanctions Act of 2016.
 (b)Table of contentsThe table of contents for this Act is as follows:Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Policy of the United States with respect to the South China Sea and the East China Sea. Sec. 5. Sense of Congress with respect to the South China Sea and the East China Sea. Sec. 6. Sanctions with respect to Chinese persons responsible for China’s activities in the South China Sea and the East China Sea. Sec. 7. Determinations and report on Chinese companies active in the South China Sea and the East China Sea. Sec. 8. Prohibition against documents portraying the South China Sea or the East China Sea as part of China. Sec. 9. Prohibition on facilitating certain investments in the South China Sea or the East China Sea. Sec. 10. Department of Justice affirmation of non-recognition of annexation. Sec. 11. Non-recognition of Chinese sovereignty over the South China Sea or the East China Sea. Sec. 12. Prohibition on certain assistance to countries that recognize Chinese sovereignty over the South China Sea or the East China Sea.  2.FindingsCongress makes the following findings:
 (1)According to the Asia-Pacific Maritime Security Strategy issued by the Department of Defense in August 2015, Although the United States takes no position on competing sovereignty claims to land features in the region, all such claims must be based upon land (which in the case of islands means naturally formed areas of land that are above water at high tide), and all maritime claims must derive from such land in accordance with international law..
 (2)According to the annual report of the Department of Defense to Congress on the military power of the People's Republic of China submitted in April 2016, Throughout 2015, China continued to assert sovereignty claims over features in the East and South China Seas. In the East China Sea, China continued to use maritime law enforcement ships and aircraft to patrol near the Senkaku (Diaoyu) Islands in order to challenge Japan’s claim. In the South China Sea, China paused its land reclamation effort in the Spratly Islands in late 2015 after adding more than 3,200 acres of land to the seven features it occupies in the archipelago. Although these artificial islands do not provide China with any additional territorial or maritime rights within the South China Sea, China will be able to use them as persistent civil-military bases to enhance its long-term presence in the South China Sea significantly..
 (3)On May 30, 2015, at the Shangri-la Dialogue of the International Institute for Strategic Studies, Secretary of Defense Ashton Carter stated that with its actions in the South China Sea, China is out of step with both the international rules and norms that underscore the Asia-Pacific’s security architecture, and the regional consensus that favors diplomacy and opposes coercion.
 (4)On July 24, 2015, Admiral Harry Harris, Jr., noted at a forum in Colorado that each year more than $5,300,000,000,000 in global sea-based trade passes through the South China Sea.
 (5)On June 4, 2016, at the Shangri-la Dialogue, Secretary of Defense Ashton Carter stated: [T]he United States will stand with regional partners to uphold core principles, like freedom of navigation and overflight and the peaceful resolution of disputes through legal means and in accordance with international law. As I affirmed here last year, and America’s Freedom of Navigation Operations in the South China Sea have demonstrated, the United States will continue to fly, sail and operate wherever international law allows, so that everyone in the region can do the same..
 (6)On July 12, 2016, the Permanent Court of Arbitration’s Tribunal organized pursuant to the United Nations Convention on the Law of the Sea issued its unanimous award in the arbitration instituted by Republic of the Philippines against the People’s Republic of China. The Tribunal noted that its award is final and binding under that Convention.
 (7)Also according to the award, the Tribunal concluded that, to the extent China had historical rights to resources in the waters of the South China Sea, such rights were extinguished to the extent they were incompatible with the exclusive economic zones provided for in the Convention. The Tribunal concluded that there was no legal basis for China to claim historic rights to resources within the sea areas falling within the nine-dash line..
 (8)Also according to the award, the Tribunal held that the Spratly Islands cannot generate maritime zones collectively as a unit. Having found that none of the features claimed by China was capable of generating an exclusive economic zone, the Tribunal found that it could—without delimiting a boundary—declare that certain sea areas are within the exclusive economic zone of the Philippines, because those areas are not overlapped by any possible entitlement of China..
 (9)Also according to the award, the Tribunal found that China had violated the Philippines’ sovereign rights in its exclusive economic zone by (a) interfering with Philippine fishing and petroleum exploration, (b) constructing artificial islands and (c) failing to prevent Chinese fishermen from fishing in the zone. The Tribunal also held that fishermen from the Philippines (like those from China) had traditional fishing rights at Scarborough Shoal and that China had interfered with these rights in restricting access. The Tribunal further held that Chinese law enforcement vessels had unlawfully created a serious risk of collision when they physically obstructed Philippine vessels..
 (10)On July 12, 2016, the Ministry of Foreign Affairs of the People’s Republic of China issued a statement that China declares that the [Tribunal] award is null and void and has no binding force. China neither accepts nor recognizes it. … China’s territorial sovereignty and maritime rights and interests in the South China Sea shall under no circumstances be affected by those awards. China opposes and will never accept any claim or action based on those awards..
 (11)On July 12, 2016, the Government of the People’s Republic of China issued the fifth statement in the name of that Government since 1979 that—
 (A)stated that the People's Republic of China has sovereignty over the 4 rocks and shoals in the South China Sea;
 (B)claims internal waters, territorial seas, contiguous zones, one or more exclusive economic zones, and a continental shelf based on that sovereignty claim; and
 (C)continues to claim historic rights in the South China Sea. (12)On July 12, 2016, Assistant Secretary of State and Department of State Spokesperson John Kirby noted that the United States strongly supports the rule of law. We support efforts to resolve territorial and maritime disputes in the South China Sea peacefully, including through arbitration. … we urge all claimants to avoid provocative statements or actions. This decision can and should serve as a new opportunity to renew efforts to address maritime disputes peacefully..
 (13)On July 13, 2016, the Vice Foreign Minister of the People's Republic of China, Liu Zhenmin, said that declaring an air defense identification zone in the South China Sea would depend on the threat China faces and stated that [i]f our security is threatened, we of course have the right to set it up.
 (14)On July 18, 2016, the People’s Liberation Army Air Force of the People's Republic of China stated that it had conducted a combat air patrol over the South China Sea and that it would become regular practice in the future. A spokesperson stated that the People’s Liberation Army Air Force will firmly defend national sovereignty, security and maritime interests, safeguard regional peace and stability, and cope with various threats and challenges.
 (15)On August 2, 2016, the Supreme People’s Court of the People's Republic of China issued a judicial interpretation that people caught illegally fishing in Chinese waters could be jailed for up to one year.
 (16)In the Agreement concerning the Ryukyu Islands and the Daito Islands with Related Arrangements, signed at Washington and Tokyo June 17, 1971 (23 UST 446), between the United States and Japan (commonly referred to as the Okinawa Reversion Treaty), the United States agreed to apply the Treaty of Mutual Cooperation and Security, with Agreed Minute and Exchanges of Notes (11 UST 1632), signed at Washington January 19, 1961, between the United States and Japan, to the area covered by the Okinawa Reversion Treaty, including the Senkaku Islands.
 (17)On October 30, 2010, then-Secretary of State Hillary Clinton stated that … with respect to the Senkaku Islands, the United States has never taken a position on sovereignty, but we have made it very clear that the islands are part of our mutual treaty obligations, and the obligation to defend Japan.
 (18)In April 2014, President Barack Obama stated, The policy of the United States is clear—the Senkaku Islands are administered by Japan and therefore fall within the scope of Article 5 of the U.S.-Japan Treaty of Mutual Cooperation and Security. And we oppose any unilateral attempts to undermine Japan’s administration of these islands..
 3.DefinitionsIn this Act: (1)Account; correspondent account; payable-through accountThe terms account, correspondent account, and payable-through account have the meanings given those terms in section 5318A of title 31, United States Code.
 (2)Appropriate congressional committeesThe term appropriate congressional committees means— (A)the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, and the Select Committee on Intelligence of the Senate; and
 (B)the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Financial Services, and the Permanent Select Committee on Intelligence of the House of Representatives.
 (3)Chinese personThe term Chinese person means— (A)an individual who is a citizen or national of the People's Republic of China; or
 (B)an entity organized under the laws of the People's Republic of China or otherwise subject to the jurisdiction of the Government of the People's Republic of China.
 (4)Financial institutionThe term financial institution means a financial institution specified in subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J), (K), (M), (N), (P), (R), (T), (Y), or (Z) of section 5312(a)(2) of title 31, United States Code.
 (5)Foreign financial institutionThe term foreign financial institution has the meaning given that term in section 1010.605 of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling).
 (6)KnowinglyThe term knowingly, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.
 (7)PersonThe term person means any individual or entity. (8)United States personThe term United States person means—
 (A)a United States citizen or an alien lawfully admitted for permanent residence to the United States; or
 (B)an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity.
 4.Policy of the United States with respect to the South China Sea and the East China SeaIt is the policy of the United States— (1)to support the principle that disputes between countries should be resolved peacefully consistent with international law;
 (2)to reaffirm its unwavering commitment and support for allies and partners in the Asia-Pacific region, including longstanding United States policy—
 (A)regarding Article V of the Mutual Defense Treaty, signed at Washington August 30, 1951 (3 UST 3947), between the United States and the Philippines; and
 (B)that Article V of the Mutual Defense Assistance Agreement, with Annexes, signed at Tokyo March 8, 1954 (5 UST 661), between the United States and Japan, applies to the Senkaku Islands, which are administered by Japan; and
 (3)to support the principle of freedom of the seas and to continue to use the sea and airspace wherever international law allows.
 5.Sense of Congress with respect to the South China Sea and the East China SeaIt is the sense of Congress that— (1)the People's Republic of China cannot and should not be allowed to interfere in any way with the free use of waters and airspace in the South China Sea and the East China Sea by civilian and military ships and aircraft of all countries consistent with international law;
 (2)the People's Republic of China should not be allowed to continue to pursue illegitimate claims and to militarize an area that is essential to global security;
 (3)the United States should— (A)continue and expand freedom of navigation operations and overflights;
 (B)reconsider the traditional policy of not taking a position on individual claims; and (C)respond to provocations by the People's Republic of China with commensurate actions that impose costs on any attempts to undermine security in the region;
 (4)the Senkaku Islands are covered by Article V of the Mutual Defense Assistance Agreement, with Annexes, signed at Tokyo March 8, 1954 (5 UST 661), between the United States and Japan; and
 (5)the United States should firmly oppose any unilateral actions by the People's Republic of China that seek to undermine Japan’s control of the Senkaku Islands.
			6.Sanctions with respect to Chinese persons responsible for China’s activities in the South China Sea
			 and the East China Sea
 (a)Initial imposition of sanctionsOn and after the date that is 60 days after the date of the enactment of this Act, the President shall impose the sanctions described in subsection (b) with respect to—
 (1)any Chinese person that contributes to construction or development projects, including land reclamation, island-making, lighthouse construction, building of base stations for mobile communications services, building of electricity and fuel supply facilities, or civil infrastructure projects, in areas of the South China Sea contested by one or more members of the Association of Southeast Asian Nations;
 (2)any Chinese person that is responsible for or complicit in, or has engaged in, directly or indirectly, actions or policies that threaten the peace, security, or stability of areas of the South China Sea contested by one or more members of the Association of Southeast Asian Nations or areas of the East China Sea administered by Japan, including through the use of vessels and aircraft to impose the sovereignty of the People's Republic of China in those areas;
 (3)any Chinese person that engages, or attempts to engage, in an activity or transaction that materially contributes to, or poses a risk of materially contributing to, an activity described in paragraph (1) or (2); and
 (4)any person that— (A)is owned or controlled by a person described in paragraph (1), (2), or (3);
 (B)is acting for or on behalf of such a person; or (C)provides, or attempts to provide—
 (i)financial, material, technological, or other support to a person described in paragraph (1), (2), or (3); or
 (ii)goods or services in support of an activity described in paragraph (1), (2), or (3).
						(b)Sanctions described
 (1)Blocking of propertyThe President shall block, in accordance with the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), all transactions in all property and interests in property of any person subject to subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.
 (2)Exclusion from united statesThe Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, any person subject to subsection (a) that is an alien.
 (3)Current visa revokedThe issuing consular officer, the Secretary of State, or the Secretary of Homeland Security (or a designee of one of such Secretaries) shall revoke any visa or other entry documentation issued to any person subject to subsection (a) that is an alien, regardless of when issued. The revocation shall take effect immediately and shall automatically cancel any other valid visa or entry documentation that is in the alien’s possession.
				(c)Exceptions; penalties
 (1)Inapplicability of national emergency requirementThe requirements of section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701) shall not apply for purposes of subsection (b)(1).
 (2)Compliance with united nations headquarters agreementParagraphs (2) and (3) of subsection (b) shall not apply if admission to the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States.
 (3)PenaltiesThe penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of regulations prescribed under subsection (b)(1) to the same extent that such penalties apply to a person that commits an unlawful act described in subsection (a) of such section 206.
				(d)Additional imposition of sanctions
 (1)In generalThe President shall prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution that the President determines knowingly, on or after the date that is 60 days after the date of the enactment of this Act, conducts or facilitates a significant financial transaction for a person subject to subsection (a) if the Director of National Intelligence determines that the Government of the People’s Republic of China has—
 (A)declared an air defense identification zone over any part of the South China Sea; (B)initiated reclamation work at another disputed location in the South China Sea, such as at Scarborough Shoal;
 (C)seized control of Second Thomas Shoal; (D)deployed surface-to-air missiles to any of the artificial islands the People's Republic of China has built in the Spratly Island chain, including Fiery Cross, Mischief, or Subi Reefs;
 (E)established territorial baselines around the Spratly Island chain; (F)increased harassment of Philippine vessels; or
 (G)increased provocative actions against the Japanese Coast Guard or Maritime Self-Defense Force or U.S. forces in the East China Sea.
					(2)Report
 (A)In generalThe determination of the Director of National Intelligence referred to in paragraph (1) shall be submitted in a report to the President and the appropriate congressional committees.
 (B)Form of reportThe report required by subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.
					7.Determinations and report on Chinese companies active in the South China
			 Sea and the East China Sea
 (a)In generalThe Secretary of State shall submit to the appropriate congressional committees a report that identifies each Chinese person the Secretary determines is engaged in the activities described in section 6(a).
 (b)ConsiderationIn preparing the report required under subsection (a), the Secretary of State shall make specific findings with respect to—
 (1)CCCC Tianjin Dredging Co., Ltd.; (2)CCCC Dredging (Group) Company, Ltd.;
 (3)China Communications Construction Company (CCCC), Ltd.; (4)China Petroleum Corporation (Sinopec Group);
 (5)China Mobile; (6)China Telecom;
 (7)China Southern Power Grid; (8)CNFC Guangzhou Harbor Engineering Company;
 (9)Zhanjiang South Project Construction Bureau; (10)Hubei Jiangtian Construction Group;
 (11)China Harbour Engineering Company (CHEC); (12)Guangdong Navigation Group (GNG) Ocean Shipping;
 (13)Shanghai Leading Energy Shipping; (14)China National Offshore Oil Corporation (CNOOC);
 (15)China Oilfield Services Limited (COSL); (16)China Precision Machinery Import/Export Corporation (CPMIEC);
 (17)China Aerospace Science and Industry Corporation (CASIC); (18)Aviation Industry Corporation of China (AVIC);
 (19)Shenyang Aircraft Corporation; (20)Shaanxi Aircraft Corporation;
 (21)China Ocean Shipping (Group) Company (COSCO); (22)China Southern Airlines;
 (23)Zhan Chaoying; (24)Sany Group; and
 (25)affiliated Chinese persons. (c)Submission and form (1)SubmissionThe report required by subsection (a) shall be submitted not later than 60 days after the date of the enactment of this Act and every 180 days until the date that is 3 years after the date of the enactment of this Act.
 (2)FormThe report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex if the Secretary of State determines it is necessary for the national security interests of the United States to do so.
 (3)Public availabilityThe Secretary of State shall publish the unclassified part of the report required by subsection (a) on a publicly available website of the Department of State.
 8.Prohibition against documents portraying the South China Sea or the East China Sea as part of ChinaThe Government Publishing Office may not publish any map, document, record, electronic resource, or other paper of the United States (other than materials relating to hearings held by committees of Congress or internal work product of a Federal agency) portraying or otherwise indicating that it is the position of the United States that the territory or airspace in the South China Sea contested by one or more members of the Association of Southeast Asian Nations or the territory or airspace of areas of the East China Sea administered by Japan is part of the territory or airspace of the People’s Republic of China.
		9.Prohibition on facilitating certain investments in the South China Sea or the East China Sea
 (a)In generalNo United States person may take any action to approve, facilitate, finance, or guarantee any investment, provide insurance, or underwriting in the South China Sea or the East China Sea that involves any person with respect to which sanctions are imposed under section 6(a).
 (b)EnforcementThe Secretary of the Treasury, in consultation with the Secretary of State, is authorized to take such actions, including the promulgation of such rules and regulations, as may be necessary to carry out the purposes of this section.
 (c)PenaltiesThe penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of regulations prescribed under this section to the same extent that such penalties apply to a person that commits an unlawful act described in subsection (a) of such section 206.
 (d)ExceptionSubsection (a) shall not apply with respect to humanitarian assistance, disaster assistance, or emergency food assistance.
 10.Department of Justice affirmation of non-recognition of annexationIn any matter before any United States court, upon request of the court or any party to the matter, the Attorney General shall affirm the United States policy of not recognizing the de jure or de facto sovereignty of the People’s Republic of China over territory or airspace contested by one or more members of the Association of Southeast Asian Nations in the South China Sea or the territory or airspace of areas of the East China Sea administered by Japan.
		11.Non-recognition of Chinese sovereignty over the South China Sea or the East China Sea
 (a)United states armed forcesThe Secretary of Defense may not take any action, including any movement of aircraft or vessels that implies recognition of the sovereignty of the People’s Republic of China over territory or airspace contested by one or more members of the Association of Southeast Asian Nations in the South China Sea or the territory or airspace of areas of the East China Sea administered by Japan.
 (b)United states flagged vesselsNo vessel that is issued a certificate of documentation under chapter 121 of title 46, United States Code, may take any action that implies recognition of the sovereignty of the People’s Republic of China over territory or airspace contested by one or more members of the Association of Southeast Asian Nations in the South China Sea or the territory or airspace of areas of the East China Sea administered by Japan.
 (c)United states aircraftNo aircraft operated by an air carrier that holds an air carrier certificate issued under chapter 411 of title 49, United States Code, may take any action that implies recognition of the sovereignty of the People’s Republic of China over territory or airspace contested by one or more members of the Association of Southeast Asian Nations in the South China Sea or the territory or airspace of areas of the East China Sea administered by Japan.
			12.Prohibition on certain assistance to countries that recognize Chinese sovereignty over the South
			 China Sea or the East China Sea
 (a)ProhibitionExcept as provided by subsection (c), no amounts may be obligated or expended to provide foreign assistance to the government of any country identified in a report required by subsection (b).
			(b)Report required
 (1)In generalNot later than 60 days after the date of the enactment of this Act, and every 180 days thereafter until the date that is 3 years after such date of enactment, the Secretary of State shall submit to the appropriate congressional committees a report identifying each country that the Secretary determines recognizes, after the date of the enactment of this Act, the sovereignty of the People’s Republic of China over territory or airspace contested by one or more members of the Association of Southeast Asian Nations in the South China Sea or the territory or airspace of areas of the East China Sea administered by Japan.
 (2)FormThe report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex if the Secretary of State determines it is necessary for the national security interests of the United States to do so.
 (3)Public availabilityThe Secretary of State shall publish the unclassified part of the report required by paragraph (1) on a publicly available website of the Department of State.
 (c)ExceptionThis section shall not apply with respect to Taiwan, humanitarian assistance, disaster assistance, emergency food assistance, or the Peace Corps.