		III
		112th CONGRESS
		1st Session
		S. RES. 173
		IN THE SENATE OF THE UNITED STATES

			May 9, 2011
			Ms. Klobuchar (for
			 herself and Mr. Thune) submitted the
			 following resolution; which was referred to the
			 Committee on the
			 Judiciary

		RESOLUTION
		Designating the week of May 1 through May
		  7, 2011, as National Physical Education and Sport
		  Week.

		Whereas a decline in physical activity has contributed to
			 the unprecedented epidemic of childhood obesity, which has more than tripled in
			 the United States since 1980;
		Whereas regular physical activity is necessary to support
			 normal and healthy growth in children and is essential to the continued health
			 and well-being of children;
		Whereas according to the Centers for Disease Control,
			 overweight adolescents have a 70- to 80-percent chance of becoming overweight
			 adults, increasing their risk for chronic disease, disability, and
			 death;
		Whereas physical activity reduces the risk of heart
			 disease, high blood pressure, diabetes, and certain types of cancers;
		Whereas type 2 diabetes can no longer be referred to as
			 late in life or adult onset diabetes because type
			 2 diabetes presently occurs in children as young as 10 years old;
		Whereas the Physical Activity Guidelines for Americans
			 issued by the Department of Health and Human Services recommend that children
			 engage in at least 60 minutes of physical activity on most, and preferably all,
			 days of the week;
		Whereas according to the Centers for Disease Control, only
			 19 percent of high school students are meeting the goal of 60 minutes of
			 physical activity each day;
		Whereas children spend many of their waking hours at
			 school and, as a result, need to be active during the school day to meet the
			 recommendations of the Physical Activity Guidelines for Americans;
		Whereas nationally, according to the Centers for Disease
			 Control, 1 out of 4 children does not attend any school physical education
			 classes, and fewer than 1 in 4 children get 20 minutes of vigorous activity
			 every day;
		Whereas teaching children about physical education and
			 sports not only ensures that the children are physically active during the
			 school day, but also educates the children on how to be physically active and
			 the importance of physical activity;
		Whereas according to a 2006 survey by the Department of
			 Health and Human Services, 3.8 percent of elementary schools, 7.9 percent of
			 middle schools, and 2.1 percent of high schools provide daily physical
			 education (or an equivalent) for the entire school year, and 22 percent of
			 schools do not require students to take any physical education courses at
			 all;
		Whereas according to that 2006 survey, 13.7 percent of
			 elementary schools, 15.2 percent of middle schools, and 3.0 percent of high
			 schools provide physical education (or an equivalent) at least 3 days per week
			 for the entire school year for students in all grades in the school;
		Whereas research shows that fit and active children are
			 more likely to thrive academically;
		Whereas increased time in physical education classes can
			 help the attention, concentration, and achievement test scores of
			 children;
		Whereas participation in sports teams and physical
			 activity clubs, often organized by the school and run outside of the regular
			 school day, can improve grade point average, school attachment, educational
			 aspirations, and the likelihood of graduation;
		Whereas participation in sports and physical activity
			 improves self-esteem and body image in children and adults;
		Whereas children and youths who partake in physical
			 activity and sports programs have increased motor skills, healthy lifestyles,
			 social skills, a sense of fair play, strong teamwork skills, self-discipline,
			 and avoidance of risky behaviors;
		Whereas the social and environmental factors affecting
			 children are in the control of the adults and the communities in which the
			 children live, and therefore, the people of the United States share a
			 collective responsibility in reversing the childhood obesity epidemic;
		Whereas if efforts are made to intervene with unfit
			 children to bring those children to physically fit levels, then there may also
			 be a concomitant rise in the academic performance of those children; and
		Whereas Congress strongly supports efforts to increase
			 physical activity and participation of children and youth in sports: Now,
			 therefore, be it

		That the Senate—
			(1)designates the
			 week of May 1 through May 7, 2011, as National Physical Education and
			 Sport Week;
			(2)recognizes
			 National Physical Education and Sport Week and the central role of physical
			 education and sports in creating a healthy lifestyle for all children and
			 youth;
			(3)supports the
			 implementation of local school wellness policies (as that term is described in
			 section 9A of the Richard B. Russell National School Lunch Act (42 U.S.C.
			 1758b)) that include ambitious goals for physical education, physical activity,
			 and other activities that address the childhood obesity epidemic and promote
			 child wellness; and
			(4)encourages
			 schools to offer physical education classes to students and work with community
			 partners to provide opportunities and safe spaces for physical activities
			 before and after school and during the summer months for all children and
			 youth.


I
111th CONGRESS
1st Session
H. R. 734
IN THE HOUSE OF REPRESENTATIVES

January 28, 2009
Mr. Towns (for himself, Mr. Bishop of Georgia, Mr. Boozman, Mr. Carnahan, Mr. Ellison, Mr. Filner, Mr. Hare, Mr. Hinchey, Mr. Latham, Mr. Lewis of Georgia, Mr. Loebsack, Mrs. Maloney, Mr. McDermott, Mr. Pastor of Arizona, Mr. Price of North Carolina, Mr. Ruppersberger, Ms. Schakowsky, Mr. Serrano, Mr. Sessions, Ms. Shea-Porter, Mr. Stark, Mr. Stearns, Ms. Wasserman Schultz, Mr. Wittman, Mr. Young of Alaska, Ms. Bordallo, Mr. Nadler of New York, Ms. Berkley, Ms. Corrine Brown of Florida, Ms. Harman, Mr. Moran of Virginia, Mr. McIntyre, Mr. Cohen, Mr. Walz, and Mrs. Lowey) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL
To direct the Secretary of Transportation to study and establish a motor vehicle safety standard that provides for a means of alerting blind and other pedestrians of motor vehicle operation.

1.Short titleThis Act may be cited as the Pedestrian Safety Enhancement Act of 2009.
2.DefinitionsAs used in this Act—
(1)the term Secretary means the Secretary of Transportation; and
(2)the term motor vehicle has the meaning given such term in section 30102(a)(6) of title 49, United States Code.
3.FindingsCongress finds that—
(1)motor vehicles designed to provide the desirable benefits of reducing harmful pollutants and operating with greater fuel efficiency include gasoline-electric hybrid and electric-only vehicles, and in the foreseeable future may include vehicles powered by hydrogen fuel cell and other engine designs that rely on fuels and technologies other than the gasoline-powered internal combustion engine;
(2)these vehicle engine designs operate or are likely to operate with virtually no sound being produced by the vehicle;
(3)the total number of hybrid motor vehicles sold per year in the United States is growing dramatically, and may someday equal or exceed the number of internal combustion engine motor vehicles on the Nation’s roads;
(4)blind pedestrians cannot locate and evaluate traffic by sight and instead must listen to traffic to discern its speed, direction, and other attributes in order to travel safely and independently;
(5)other people, including pedestrians who are not blind, bicyclists, runners, and small children, benefit from multi-sensory information available from vehicle traffic, including the sound of vehicle engines;
(6)when operating on their electric engines, hybrid vehicles cannot be heard by blind people and others, rendering such vehicles extremely dangerous when driving on the street, emerging from driveways, moving through parking lots, and in other situations where pedestrians and vehicles come into proximity with each other;
(7)failure to take immediate action assuring that blind pedestrians can hear hybrid and other silent vehicles in all phases of their operation will inevitably lead to pedestrian injuries and fatalities; and
(8)such accidents are preventable through vehicle designs which take into account the multi-sensory nature of traffic detection and avoidance, and require that vehicles emit a minimum level of sound designed to alert all pedestrians, especially blind pedestrians, to the presence of such vehicles.
4.Study of method to protect blind and other pedestrians
(a)Required studyNot later than 90 days following enactment of this Act, the Secretary shall conduct a study to—
(1)determine the most practical means of assuring that blind and other pedestrians receive substantially similar information to information such pedestrians receive from sound emitted by vehicles that use internal combustion engines;
(2)determine the minimum level of sound emitted from a motor vehicle that is necessary to provide blind pedestrians with the information needed to make safe travel judgments; and
(3)consider whether the minimum level of sound requirement or another method that conveys information essential for pedestrian safety provides the most reliable information to support safe travel of blind and other pedestrians, including—
(A)which method provides blind and other pedestrians the greatest amount of information regarding location, motion, speed, and direction of travel of a motor vehicle;
(B)the cost and feasibility of each method, including the cost and feasibility of equipping each individual pedestrian with any technology necessary to receive information; and
(C)which method assures the least reliance by blind and other pedestrians upon technology they must possess when traveling and thereby provides the greatest amount of independence and opportunity for spontaneous travel for these pedestrians.
(b)Required consultationWhen conducting the study, the Secretary shall—
(1)review all available research regarding the effect of traffic sounds on pedestrian safety, and commission such research as may be necessary;
(2)consult consumer groups representing individuals who are blind, other pedestrians, cyclists, and advocates for children; and
(3)consult with automobile manufacturers and professional organizations representing them.
(c)ReportThe Secretary shall complete the study within 2 years of its commencement and shall transmit a report of the findings to Congress.
5.Minimum sound requirement for motor vehiclesNot later than 90 days after conclusion of the study required under section 4, the Secretary shall promulgate a motor vehicle safety standard under section 30111 of title 49, United States Code, to establish a method for alerting blind and other pedestrians of the presence and operation of nearby motor vehicles to enable such pedestrians to travel safely and independently in urban, rural, and residential environments. Such standard shall provide that every motor vehicle be equipped with a method—
(1)to provide blind and other pedestrians with a non-visual alert regarding the location, motion, speed, and direction of travel of a motor vehicle that provides substantially the same protection of such pedestrians as that provided by a motor vehicle with an internal combustion engine; and
(2)that will permit a blind or other pedestrian to determine the location, motion, speed, and direction of travel of a motor vehicle with substantially the same degree of certainty as such pedestrians are able to determine the location, motion, speed, and direction of travel of a motor vehicle with an internal combustion engine.
6.Authorization of AppropriationsThere is authorized to be appropriated to the Secretary of Transportation such sums as may be necessary to carry out this Act.
7.Effective dateThe standard promulgated under section 5 shall apply to all new motor vehicles manufactured or sold in the United States beginning on that date that is 2 years after the issuance of such standard.


		II
		Calendar No. 257
		110th CONGRESS
		1st Session
		S. 1257
		[Report No. 110–123]
		IN THE SENATE OF THE UNITED
		  STATES

			May 1, 2007
			Mr. Lieberman (for
			 himself, Mr. Hatch,
			 Mr. Bennett, Mrs. Clinton, Ms.
			 Landrieu, Mr. Leahy,
			 Mr. Kennedy, Mr. Obama, Ms.
			 Mikulski, Mr. Kerry,
			 Mr. Feingold, Mrs. McCaskill, Mr.
			 Pryor, Mr. Carper,
			 Mr. Levin, Mr.
			 Sanders, and Mr. Durbin)
			 introduced the following bill; which was read twice and referred to the
			 Committee on Homeland Security and
			 Governmental Affairs

			June 28, 2007
			Reported by Mr.
			 Lieberman, with amendments
			Omit the part struck through and insert the part
			 printed in italic

		A BILL
		To provide the District of Columbia a
		  voting seat and the State of Utah an additional seat in the House of
		  Representatives.

		1.Short titleThis Act may be cited as the
			 District of Columbia House Voting
			 Rights Act of 2007.
		2.Treatment of District of Columbia as
			 Congressional district
			(a)In generalNotwithstanding any other provision of law,
			 the District of Columbia shall be considered a Congressional district for
			 purposes of representation in the House of Representatives.
			(a)Congressional district
			 and no Senate representation
				(1)In
			 generalNotwithstanding any other provision of law, the District
			 of Columbia shall be considered a Congressional district for purposes of
			 representation in the House of Representatives.
				(2)No representation
			 provided in SenateThe District of Columbia shall not be
			 considered a State for purposes of representation in the United States
			 Senate.
				(b)Conforming Amendments Relating to
			 Apportionment of Members of House of Representatives
				(1)Inclusion of single District of Columbia
			 member in reapportionment of members among StatesSection 22 of the Act entitled An
			 Act to provide for the fifteenth and subsequent decennial censuses and to
			 provide for apportionment of Representatives in Congress, approved June
			 28, 1929 (2 U.S.C. 2a), is amended by adding at the end the following new
			 subsection:

						(d)This section shall apply with respect to
				the District of Columbia in the same manner as this section applies to a State,
				except that the District of Columbia may not receive more than one Member under
				any reapportionment of
				Members.
						.
				(2)Clarification of determination of number of
			 Presidential electors on basis of 23rd AmendmentSection 3 of title 3, United States Code,
			 is amended by striking come into office; and inserting the
			 following: come into office (subject to the twenty-third article of
			 amendment to the Constitution of the United States in the case of the District
			 of Columbia);.
				3.Increase in Membership of House of
			 Representatives
			(a)Permanent increase in number of
			 membersEffective with
			 respect to the 111th Congress and each succeeding Congress, the House of
			 Representatives shall be composed of 437 Members, including the Member
			 representing the District of Columbia pursuant to section 2(a).
			(b)Reapportionment of members resulting from
			 increase
				(1)In generalSection 22(a) of the Act entitled An
			 Act to provide for the fifteenth and subsequent decennial censuses and to
			 provide for apportionment of Representatives in Congress, approved June
			 28, 1929 (2 U.S.C. 2a(a)), is amended by striking the then existing
			 number of Representatives and inserting the number of
			 Representatives established with respect to the 111th Congress.
				(2)Effective
			 dateThe amendment made by
			 paragraph (1) shall apply with respect to the regular decennial census
			 conducted for 2010 and each subsequent regular decennial census.
				(c)Transmittal of Revised Apportionment
			 Information by President
				(1)Statement of apportionment by
			 PresidentNot later than 30
			 days after the date of the enactment of this Act, the President shall transmit
			 to Congress a revised version of the most recent statement of apportionment
			 submitted under section 22(a) of the Act entitled An Act to provide for
			 the fifteenth and subsequent decennial censuses and to provide for
			 apportionment of Representatives in Congress, approved June 28, 1929 (2
			 U.S.C. 2a(a)), to take into account this Act and the amendments made by this
			 Act and identifying the State of Utah as the State entitled to one additional
			 Representative pursuant to this section.
				(2)Report by clerkNot later than 15 calendar days after
			 receiving the revised version of the statement of apportionment under paragraph
			 (1), the Clerk of the House of Representatives shall submit a report to the
			 Speaker of the House of Representatives identifying the State of Utah as the
			 State entitled to one additional Representative pursuant to this
			 section.
				4.Effective Date; Timing of
			 ElectionsThe general election
			 for the additional Representative to which the State of Utah is entitled for
			 the 111th Congress and 112th Congress and the general election for the
			 Representative from the District of Columbia for the 111th Congress and the
			 112th Congress shall be subject to the following requirements:
			(1)The additional Representative from the
			 State of Utah will be elected pursuant to a redistricting plan enacted by the
			 State, such as the plan the State of Utah signed into law on December 5, 2006,
			 which—
				(A)revises the boundaries of Congressional
			 districts in the State to take into account the additional Representative to
			 which the State is entitled under section 3; and
				(B)remains in effect until the taking effect
			 of the first reapportionment occurring after the regular decennial census
			 conducted for 2010.
				(2)The additional Representative from the
			 State of Utah and the Representative from the District of Columbia shall be
			 sworn in and seated as Members of the House of Representatives on the same date
			 as other Members of the 111th Congress.
			5.Conforming amendments
			(a)Repeal of office of District of Columbia
			 delegate
				(1)Repeal of office
					(A)In generalSections 202 and 204 of the District of
			 Columbia Delegate Act (Public Law 91–405; sections 1–401 and 1–402, D.C.
			 Official Code) are repealed, and the provisions of law amended or repealed by
			 such sections are restored or revived as if such sections had not been
			 enacted.
					(B)Effective
			 dateThe amendments made by
			 this subsection shall take effect on the date on which a Representative from
			 the District of Columbia takes office for the 111th Congress.
					(2)Conforming amendments to District of
			 Columbia Elections Code of 1955The District of Columbia Elections Code of
			 1955 is amended as follows:
					(A)In section 1 (sec. 1–1001.01, D.C. Official
			 Code), by striking the Delegate to the House of Representatives,
			 and inserting the Representative in Congress,.
					(B)In section 2 (sec. 1–1001.02, D.C. Official
			 Code)—
						(i)by striking paragraph (6); and
						(ii)in paragraph (13), by striking the
			 Delegate to Congress for the District of Columbia, and inserting
			 the Representative in Congress,.
						(C)In section 8 (sec. 1–1001.08, D.C. Official
			 Code)—
						(i)in the heading, by striking
			 Delegate and inserting Representative; and
						(ii)by striking Delegate, each
			 place it appears in subsections (h)(1)(A), (i)(1), and (j)(1) and inserting
			 Representative in Congress,.
						(D)In section 10 (sec. 1–1001.10, D.C.
			 Official Code)—
						(i)in subsection (a)(3)(A)—
							(I)by striking or section 206(a) of the
			 District of Columbia Delegate Act; and
							(II)by striking the office of Delegate
			 to the House of Representatives and inserting the office of
			 Representative in Congress;
							(ii)in subsection (d)(1), by striking
			 Delegate, each place it appears; and
						(iii)in subsection (d)(2)—
							(I)by striking (A) In the event
			 and all that follows through term of office, and inserting
			 In the event that a vacancy occurs in the office of Representative in
			 Congress before May 1 of the last year of the Representative's term of
			 office,; and
							(II)by striking subparagraph (B).
							(E)In section 11(a)(2) (sec. 1–1001.11(a)(2),
			 D.C. Official Code), by striking Delegate to the House of
			 Representatives, and inserting Representative in
			 Congress,.
					(F)In section 15(b) (sec. 1–1001.15(b), D.C.
			 Official Code), by striking Delegate, and inserting
			 Representative in Congress,.
					(G)In section 17(a) (sec. 1–1001.17(a), D.C.
			 Official Code), by striking the Delegate to Congress from the District
			 of Columbia and inserting the Representative in
			 Congress.
					(b)Repeal of Office of Statehood
			 Representative
				(1)In generalSection 4 of the District of Columbia
			 Statehood Constitutional Convention Initiative of 1979 (sec. 1–123, D.C.
			 Official Code) is amended as follows:
					(A)By striking offices of Senator and
			 Representative each place it appears in subsection (d) and inserting
			 office of Senator.
					(B)In subsection (d)(2)—
						(i)by striking a Representative
			 or;
						(ii)by striking the Representative
			 or; and
						(iii)by striking Representative shall be
			 elected for a 2-year term and each.
						(C)In subsection (d)(3)(A), by striking
			 and 1 United States Representative.
					(D)By striking Representative
			 or each place it appears in subsections (e), (f), (g), and (h).
					(E)By striking Representative's
			 or each place it appears in subsections (g) and (h).
					(2)Conforming amendments
					(A)Statehood commissionSection 6 of such Initiative (sec. 1–125,
			 D.C. Official Code) is amended—
						(i)in subsection (a)—
							(I)by striking 27 voting
			 members and inserting 26 voting members;
							(II)by adding and at the end of
			 paragraph (5); and
							(III)by striking paragraph (6) and redesignating
			 paragraph (7) as paragraph (6); and
							(ii)in subsection (a–1)(1), by striking
			 subparagraph (H).
						(B)Authorization of
			 appropriationsSection 8 of
			 such Initiative (sec. 1–127, D.C. Official Code) is amended by striking
			 and House.
					(C)Application of honoraria
			 limitationsSection 4 of D.C.
			 Law 8–135 (sec. 1–131, D.C. Official Code) is amended by striking or
			 Representative each place it appears.
					(D)Application of campaign finance
			 lawsSection 3 of the
			 Statehood Convention Procedural Amendments Act of 1982 (sec. 1–135, D.C.
			 Official Code) is amended by striking and United States
			 Representative.
					(E)District of Columbia elections code of
			 1955The District of Columbia
			 Elections Code of 1955 is amended—
						(i)in section 2(13) (sec. 1–1001.02(13), D.C.
			 Official Code), by striking United States Senator and
			 Representative, and inserting United States Senator,;
			 and
						(ii)in section 10(d) (sec. 1–1001.10(d)(3),
			 D.C. Official Code), by striking United States Representative
			 or.
						(3)Effective
			 dateThe amendments made by
			 this subsection shall take effect on the date on which a Representative from
			 the District of Columbia takes office for the 111th Congress.
				(c)Conforming amendments regarding
			 appointments to service academies
				(1)United States Military
			 AcademySection 4342 of title
			 10, United States Code, is amended—
					(A)in subsection (a), by striking paragraph
			 (5); and
					(B)in subsection (f), by striking the
			 District of Columbia,.
					(2)United States Naval AcademySuch title is amended—
					(A)in section 6954(a), by striking paragraph
			 (5); and
					(B)in section 6958(b), by striking the
			 District of Columbia,.
					(3)United States Air Force
			 AcademySection 9342 of title
			 10, United States Code, is amended—
					(A)in subsection (a), by striking paragraph
			 (5); and
					(B)in subsection (f), by striking the
			 District of Columbia,.
					(4)Effective
			 dateThis subsection and the
			 amendments made by this subsection shall take effect on the date on which a
			 Representative from the District of Columbia takes office for the 111th
			 Congress.
				6.Nonseverability of provisionsIf any provision of this Act or any
			 amendment made by this Act is declared or held invalid or unenforceable, the
			 remaining provisions of this Act or any amendment made by this Act shall be
			 treated and deemed invalid and shall have no force or effect of law.
		7.Judicial
			 reviewIf any action is
			 brought to challenge the constitutionality of any provision of this Act or any
			 amendment made by this Act, the following rules shall apply:
			(1)The action shall be filed
			 in the United States District Court for the District of Columbia and shall be
			 heard by a 3-judge court convened pursuant to section 2284 of title 28, United
			 States Code.
			(2)A copy of the complaint
			 shall be delivered promptly to the Clerk of the House of Representatives and
			 the Secretary of the Senate.
			(3)A final decision in the
			 action shall be reviewable only by appeal directly to the Supreme Court of the
			 United States. Such appeal shall be taken by the filing of a notice of appeal
			 within 10 days, and the filing of a jurisdictional statement within 30 days, of
			 the entry of the final decision.
			(4)It shall be the duty of
			 the United States District Court for the District of Columbia and the Supreme
			 Court of the United States to advance on the docket and to expedite to the
			 greatest possible extent the disposition of the action and appeal.

		June 28, 2007
		Reported with amendments