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PROBLEM: SECTION 1. SHORT TITLE.

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

SEC. 2. FINDINGS AND PURPOSES.

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

SEC. 3. DEFINITIONS.

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

SEC. 4. PROHIBITION AGAINST DISCRIMINATION; EXCEPTIONS.

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

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

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

SEC. 6. CAUSE OF ACTION.

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

SEC. 7. STATE IMMUNITY.

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

SEC. 8. ATTORNEY'S FEES.

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

SEC. 9. EFFECT ON OTHER LAWS.

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

SEC. 10. SEVERABILITY.

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

SEC. 11. EFFECTIVE DATE.

This Act shall take effect 60 days after the date of the enactment
of this Act and shall not apply to conduct occurring before the
effective date of this Act.

SOLUTION: Student Non-Discrimination Act of 2011 - Prohibits public school students from being excluded from participating in, or subject to discrimination under, any federally-assisted educational program on the basis of their actual or perceived sexual orientation or gender identity or that of their associates.

Considers harassment to be a form of discrimination.

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

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

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

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

PROBLEM: SECTION 1. CLASS SIZE DEMONSTRATION GRANTS.

Subpart 3 of part D of title V of the Higher Education Act of 1965
(20 U.S.C. 1109 et seq.) is amended to read as follows:

''Subpart 3--Class Size Demonstration Grants

''SEC. 561. PURPOSE.

''It is the purpose of this subpart to provide grants to State
educational agencies to enable such agencies to determine the benefits,
in various school settings, of reducing class size on the educational
performance of students and on classroom management and organization.

''SEC. 562. PROGRAM AUTHORIZED.

''(a) Program Authorized.--
''(1) In general.--The Secretary shall award grants, on a
competitive basis, to State educational agencies to pay the
Federal share of the costs of conducting demonstration projects
that demonstrate methods of reducing class size that may
provide information meaningful to other State educational
agencies and local educational agencies.
''(2) Federal share.--The Federal share shall be 50
percent.
''(b) Reservation.--The Secretary may reserve not more than 5
percent of the amount appropriated under section 565A for each fiscal
year to carry out the activities described in section 565.
''(c) Selection Criteria.--The Secretary shall make grants to State
educational agencies on the basis of--
''(1) the need and the ability of a State educational
agency to reduce the class size of an elementary school or
secondary school served by such agency;
''(2) the ability of a State educational agency to furnish
the non-Federal share of the costs of the demonstration project
for which assistance is sought;
''(3) the ability of a State educational agency to continue
the project for which assistance is sought after the
termination of Federal financial assistance under this subpart;
and
''(4) the degree to which a State educational agency
demonstrates in the application submitted pursuant to section
564 consultation in program implementation and design with
parents, teachers, school administrators, and local teacher
organizations, where applicable.
''(d) Priority.--In awarding grants under this subpart, the
Secretary shall give priority to demonstration projects that involve
at-risk students in the earliest grades, including educationally or
economically disadvantaged students, students with disabilities, and
limited English proficient students.
''(e) Grants Must Supplement Other Funds.--A State educational
agency shall use the Federal funds received under this subpart to
supplement and not supplant other Federal, State, and local funds
available to the State educational agency to carry out the purpose of
this subpart.

''SEC. 563. PROGRAM REQUIREMENTS.

''(a) Annual Competition.--In each fiscal year, the Secretary shall
announce the factors to be examined in a demonstration project assisted
under this subpart. Such factors may include--
''(1) the magnitude of the reduction in class size to be
achieved;
''(2) the level of education in which the demonstration
projects shall occur;
''(3) the form of the instructional strategy to be
demonstrated; and
''(4) the duration of the project.
''(b) Random Techniques and Appropriate Comparison Groups.--
Demonstration projects assisted under this subpart shall be designed to
utilize randomized techniques or appropriate comparison groups.

''SEC. 564. APPLICATION.

''(a) In General.--In order to receive a grant under this subpart,
a State educational agency shall submit an application to the Secretary
that is responsive to the announcement described in section 563(a), at
such time, in such manner, and containing or accompanied by such
information as the Secretary may reasonably require.
''(b) Duration.--The Secretary shall encourage State educational
agencies to submit applications under this subpart for a period of 5
years.
''(c) Contents.--Each application submitted under subsection (a)
shall include--
''(1) a description of the objectives to be attained with
the grant funds and the manner in which the grant funds will be
used to reduce class size;
''(2) a description of the steps to be taken to achieve
target class sizes, including, where applicable, the
acquisition of additional teaching personnel and classroom
space;
''(3) a statement of the methods for the collection of data
necessary for the evaluation of the impact of class size
reduction programs on student achievement;
''(4) an assurance that the State educational agency will
pay, from non-Federal sources, the non-Federal share of the
costs of the demonstration project for which assistance is
sought; and
''(5) such additional assurances as the Secretary may
reasonably require.
''(d) Sufficient Size and Scope Required.--The Secretary shall
award grants under this subpart only to State educational agencies
submitting applications which described projects of sufficient size and
scope to contribute to carrying out the purpose of this subpart.

''SEC. 565. EVALUATION AND DISSEMINATION.

''(a) National Evaluation.--The Secretary shall conduct a national
evaluation of the demonstration projects assisted under this subpart to
determine the costs incurred in achieving the reduction in class size
and the effects of the reductions on results, such as student
performance in the affected subjects or grades, attendance, discipline,
classroom organization, management, and teacher satisfaction and
retention.
''(b) Cooperation.--Each State educational agency receiving a grant
under this subpart shall cooperate in the national evaluation described
in subsection (a) and shall provide such information to the Secretary
as the Secretary may reasonably require.
''(c) Reports.--The Secretary shall report to Congress on the
results of the evaluation conducted under subsection (a).
''(d) Dissemination.--The Secretary shall widely disseminate
information about the results of the class size demonstration projects
assisted under this subpart.

''SEC. 565A. AUTHORIZATION OF APPROPRIATIONS.

''There are authorized to be appropriated to carry out this subpart
$15,000,000 for fiscal year 1999 and each of the 4 succeeding fiscal
years.''.

SEC. 2. PRIVATE SECTOR FUNDING FOR RESEARCH AND DEVELOPMENT BY NASA
RELATING TO AIRCRAFT PERFORMANCE.

The Administrator of the National Aeronautics and Space
Administration may not carry out research and development activities
relating to the performance of aircraft (including supersonic aircraft
and subsonic aircraft) unless the Administrator receives payment in
full for such activities from the private sector.

SOLUTION: Amends the Higher Education Act of 1965 to establish a competitive Class Size Demonstration Grants program.
Directs the Secretary of Education to award such grants to State educational agencies (SEAs) to pay half of the costs of conducting projects that demonstrate methods of reducing class size that may provide information meaningful to other SEAs and local educational agencies (LEAs). Authorizes the Secretary to reserve up to five percent of funds for this Act for each fiscal year to carry out national evaluation and dissemination activities.
Sets forth program requirements for: (1) grant selection criteria; (2) priority for projects that involve at-risk students in the earliest grades, including educationally or economically disadvantaged students, students with disabilities, and limited English proficient students; (3) annual competitions; (4) random techniques and appropriate comparison groups; (5) applications; and (6) sufficient size and scope of projects.
Directs the Secretary to: (1) conduct, and report to the Congress on, a national evaluation of such projects to determine the costs incurred in achieving the reduction in class size and the effects of the reductions on results; and (2) widely disseminate information about the results of such projects.
Authorizes appropriations.
(Sec. 2) Prohibits the Administrator of the National Aeronautics and Space Administration from carrying out research and development activities relating to the performance of aircraft (including supersonic aircraft and subsonic aircraft) unless the Administrator receives payment in full for such activities from the private sector.

PROBLEM: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Foreign Aid Reporting Reform Act of
1993''.

SEC. 2. ANNUAL FOREIGN ASSISTANCE JUSTIFICATION REPORT.

(a) In General.--In conjunction with the submission of the annual
requests for enactment of authorizations and appropriations for foreign
assistance programs for each fiscal year, the President shall submit to
the Congress a single report containing--
(1) an integrated justification for all foreign assistance
programs proposed by the President for the coming fiscal year;
and
(2) an assessment of when the objectives of those programs
will be achieved so that the assistance can be terminated.
(b) Specific Information To Be Provided.--Each such report shall
include the following:
(1) Information regarding a foreign assistance program
generally.--For each foreign assistance program taken as a
whole--
(A) the total amount of assistance proposed to be
provided under that program;
(B) the justification for that amount;
(C) the objectives that assistance under that
program is intended to achieve;
(D) an explanation of the relationship of
assistance under that program to assistance under other
foreign assistance programs; and
(E) the President's estimation of the date by which
the objectives of that program will be achieved and the
program terminated.
(2) Information regarding specific assistance recipients.--
For each country or organization which is a proposed recipient
of assistance under any foreign assistance program--
(A) the amount of each type of assistance proposed;
(B) the justification for providing each such type
of assistance;
(C) the objectives that each such type of
assistance is intended to achieve;
(D) an explanation of the relationship of each type
of assistance proposed to other types of assistance
proposed for that recipient; and
(E) the President's estimation of the date by which
the objectives of assistance for such recipient under
each foreign assistance program will be achieved and
assistance under that program to that recipient
terminated.
The information required by subparagraphs (A) through (E) shall
be provided on a recipient-by-recipient basis.
(3) Information regarding centrally-funded programs.--For
each centrally-funded program under a foreign assistance
program--
(A) the amount proposed for such program;
(B) the justification for such program;
(C) the objectives each such program is intended to
achieve;
(D) an explanation of the relationship of such
program to other types of assistance proposed under
that foreign assistance program and under other foreign
assistance programs; and
(E) the President's estimation of the date by which
the objectives of such program will be achieved and
such program terminated.

SEC. 3. REQUIREMENT FOR CONGRESSIONAL EXPLANATION OF PROPOSED CHANGES
TO THE PRESIDENT'S FOREIGN ASSISTANCE BUDGET.

Any committee of the Congress reporting legislation authorizing the
enactment of new budget authority for, or providing new budget
authority for, foreign assistance programs shall include in the report
accompanying that legislation an explanation for any change proposed by
that committee--
(1) in the total amount of new budget authority authorized
or provided (as the case may be) for any foreign assistance
program as compared to the amount proposed by the President; or
(2) in the amount of assistance for any specific recipient
of assistance, or for any centrally-funded program, under any
foreign assistance program as compared to the amount proposed
by the President.

SEC. 4. DEFINITION OF FOREIGN ASSISTANCE PROGRAMS.

As used in this Act, the term ''foreign assistance program''
includes--
(1) any program of assistance authorized by the Foreign
Assistance Act of 1961 (such as the development assistance
program, the economic support fund program, and the
international military education and training program) or
authorized by the African Development Foundation Act, section
401 of the Foreign Assistance Act of 1969 (relating to the
Inter-American Development Foundation), or any other foreign
assistance legislation;
(2) any program of grant, credit, or guaranty assistance
under the Arms Export Control Act;
(3) assistance under the Migration and Refugee Assistance
Act of 1962;
(4) assistance under any title of the Agricultural Trade
Development and Assistance Act of 1954;
(5) contributions to the International Monetary Fund;
(6) contributions to the International Bank for
Reconstruction and Development, the International Development
Association, or any other institution within the World Bank
group; and
(7) contributions to any regional multilateral development
bank.

SOLUTION:
Foreign Aid Reporting Reform Act of 1993 - Directs the President, in conjunction with the submission of annual requests for enactment of authorizations and appropriations for foreign assistance programs, to submit to the Congress a single report containing: (1) an integrated justification for all foreign assistance programs proposed for the coming fiscal year; and (2) an assessment of when the objectives of those programs will be achieved so that the assistance can be terminated.
Directs congressional committees reporting legislation authorizing the enactment of or providing new budget authority for foreign assistance programs to include in reports accompanying such legislation an explanation for any change proposed in: (1) the total amount of new budget authority authorized or provided for any program as compared to the amount proposed by the President; or (2) the amount of assistance for any specific recipient or for any centrally-funded program as compared to the amount proposed by the President.