In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

[EX Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Banking Privacy Act of 1999''.

SEC. 2. PERSONAL INFORMATION SHARING.

    (a) Depository Institutions and Subsidiaries of Depository 
Institutions.--Section 18 of the Federal Deposit Insurance Act (12 
U.S.C. 1828) is amended by adding at the end the following new 
subsection:
    ``(t) Personal Information Sharing Requirements.--
            ``(1) Information sharing prohibited if customer opts 
        out.--Notwithstanding any other provision of law and except as 
        permitted under paragraph (5), an insured depository 
        institution and a subsidiary of a depository institution may 
        not disclose or transfer customer information relating to any 
        customer to any other person, including an affiliate of the 
        depository institution, unless--
                    ``(A) the customer to whom such information relates 
                has been provided with notice in accordance with 
                paragraph (2); and
                    ``(B) the customer has not provided a written 
                directive (including a transmission by e-mail, 
                facsimile, or other form of electronic communication) 
                to the insured depository institution or subsidiary, at 
                any time before the close of business on the 6th 
                business day before such disclosure or transfer, that 
                such information shall not be disclosed or transferred, 
                except when specifically authorized by the customer in 
                connection with and pertaining to a specific 
                transaction with the depository institution or 
                subsidiary.
            ``(2) Notice.--
                    ``(A) In general.--The notice referred to in 
                paragraph (1)(A) shall fully and fairly disclose, in 
                accordance with regulations which the Federal banking 
                agencies shall jointly prescribe, what information is 
                being disclosed or transferred, the policy of the 
                insured depository institution or subsidiary of an 
                insured depository institution with regard to 
                information sharing, and the right of the customer to 
                prohibit the disclosure or transfer of such 
                information.
                    ``(B) Form of notice.--
                            ``(i) In general.--The regulations 
                        prescribed pursuant to subparagraph (A) shall 
                        require that the notice required under such 
                        subparagraph--
                                    ``(I) be prominently displayed on a 
                                document which is separate from any 
                                other document;
                                    ``(II) have the term `Privacy 
                                Notice' in prominent typeface at the 
                                top of the notice.
                            ``(ii) Notice requirements.--
                                    ``(I) Mailing.--If the notice 
                                required under subparagraph (A) is 
                                mailed to the customer, the notice 
                                shall be mailed separately from any 
                                other statement, document, or notice 
                                mailed to the customer.
                                    ``(II) In person.--If the notice 
                                required under subparagraph (A) is 
                                disclosed to the customer in person by 
                                an officer, director, or agent of the 
                                depository institution or subsidiary 
                                thereof, the officer, employee, or 
                                agent shall obtain the written 
                                acknowledgement of the customer of the 
                                receipt of such notice separately from 
                                any other signature or written 
                                acknowledgment of the customer.
            ``(3) Customer information defined.--For purposes of this 
        subsection, the term `customer information' means any 
        information acquired from a customer of the insured depository 
        institution that is personally identifiable to the customer, 
        including information relating to transactions, balances, 
        maturity dates, payouts, and payout dates, and transaction or 
        experience information.
            ``(4) Reasonable opportunity to respond to notice.--In 
        order to provide any customer of an insured depository 
        institution or any subsidiary of an insured depository 
        institution with reasonable opportunity to respond to any 
        notice referred to in paragraph (1)(A), the prohibition 
        contained in paragraph (1) on the disclosure or transfer of any 
        customer information relating to such customer to any other 
        person, including an affiliate, shall continue during the 30-
        day period beginning on the date the notice referred to in such 
        paragraph was sent or delivered to such customer, unless the 
        customer has authorized such disclosure or transfer.
            ``(5) Exceptions.--Paragraph (1) shall not apply to the 
        disclosure or transfer of customer information--
                    ``(A) in connection with processing a specific 
                financial transaction that the customer to whom the 
                information relates has authorized, if--
                            ``(i) the customer has been informed that 
                        any such transaction will necessarily involve 
                        the disclosure or transfer of such information; 
                        and
                            ``(ii) the person to whom such information 
                        is transferred or disclosed is subject to a 
                        legal or contractual obligation not to use such 
                        information for any purpose other than in 
                        connection with facilitating the transaction;
                    ``(B) in connection with any routine financial 
                transaction which does not involve marketing of 
                services or the sale of customer information, if the 
                person to whom such information is transferred or 
                disclosed is subject to a legal or contractual 
                obligation not to use such information for any purpose 
                other than in connection with effectuating the 
                transaction;
                    ``(C) in connection with clearing checks, 
                processing credit transactions or electronic fund 
                transfers, or providing mailing services, if the person 
                to whom such information is transferred or disclosed is 
                subject to a legal or contractual obligation not to use 
                such information for any purpose other than in 
                connection with clearing or processing the transaction 
                or providing the service;
                    ``(D) to a governmental, regulatory, or self-
                regulatory authority having jurisdiction over the 
                insured depository institution for examination, 
                compliance, or other authorized purposes;
                    ``(E) to a court of competent jurisdiction;
                    ``(F) to a consumer reporting agency, as defined in 
                section 603(f) of the Fair Credit Reporting Act, for 
                use solely in accordance with such Act;
                    ``(G) in the case of a default by the customer on 
                an obligation to the depository institution or 
                subsidiary, to a debt collector, as defined in section 
                803(6) of the Fair Debt Collection Practices Act, 
                counsel, or other entity involved in debt collection, 
                for use solely in accordance with such Act;
                    ``(H) in the case of any claim or litigation 
                between the customer and a depository institution or 
                subsidiary, to a counsel or other person involved in 
                the resolution of the dispute;
                    ``(I) that is not personally identifiable to the 
                customer or is public information; or
                    ``(J) that is necessary to prevent or investigate 
                fraudulent or unlawful acts which the depository 
                institution or subsidiary has a good faith belief may 
                occur or may have occurred.''.
    (b) Bank Holding Companies and Affiliates of Bank Holding 
Companies.--Section 5 of the Bank Holding Company Act of 1956 (12 
U.S.C. 1844) is amended by adding at the end the following new 
subsection:
    ``(g) Personal Information Sharing Requirements.--
            ``(1) Information sharing prohibited if customer opts 
        out.--Notwithstanding any other provision of law and except as 
        permitted under paragraph (5), a bank holding company and an 
        affiliate of a bank holding company (other than a depository 
        institution subsidiary or subsidiary of such depository 
        institution) may not disclose or transfer customer information 
        relating to any customer to any other person, including another 
        affiliate of the bank holding company, unless--
                    ``(A) the customer to whom such information relates 
                has been provided with notice in accordance with 
                paragraph (2); and
                    ``(B) the customer has not provided a written 
                directive (including a transmission by e-mail, 
                facsimile, or other form of electronic communication) 
                to the bank holding company or affiliate, at any time 
                before the close of business on the 6th business day 
                before such disclosure or transfer, that such 
                information shall not be disclosed or transferred, 
                except when specifically authorized by the customer in 
                connection with and pertaining to a specific 
                transaction with the bank holding company or affiliate.
            ``(2) Notice.--
                    ``(A) In general.--The notice referred to in 
                paragraph (1)(A) shall fully and fairly disclose, in 
                accordance with regulations which the Board shall 
                prescribe, what information is being disclosed or 
                transferred, the policy of the bank holding company or 
                affiliate of a bank holding company with regard to 
                information sharing, and the right of the customer to 
                prohibit the disclosure or transfer of such 
                information.
                    ``(B) Form of notice.--
                            ``(i) In general.--The regulations 
                        prescribed pursuant to subparagraph (A) shall 
                        require that the notice required under such 
                        subparagraph--
                                    ``(I) be prominently displayed on a 
                                document which is separate from any 
                                other document:
                                    ``(II) have the term `Privacy 
                                Notice' in prominent typeface at the 
                                top of the notice.
                            ``(ii) Notice requirements.--
                                    ``(I) Mailing.--If the notice 
                                required under subparagraph (A) is 
                                mailed to the customer, the notice 
                                shall be mailed separately from any 
                                other statement, document, or notice 
                                mailed to the customer.
                                    ``(II) In person.--If the notice 
                                required under subparagraph (A) is 
                                disclosed to the customer in person by 
                                an officer, director, or agent of the 
                                bank holding company or affiliate 
                                thereof, the officer, employee, or 
                                agent shall obtain the written 
                                acknowledgement of the customer of the 
                                receipt of such notice separately from 
                                any other signature or written 
acknowledgment of the customer.
            ``(3) Customer information defined.--For purposes of this 
        subsection, the term `customer information' means any 
        information acquired from a customer of the bank holding 
        company or affiliate that is personally identifiable to the 
        customer, including information relating to transactions, 
        balances, maturity dates, payouts, and payout dates, and 
        transaction or experience information.
            ``(4) Reasonable opportunity to respond to notice.--In 
        order to provide any customer of a bank holding company or any 
        affiliate of a bank holding company with reasonable opportunity 
        to respond to any notice referred to in paragraph (1)(A), the 
        prohibition contained in paragraph (1) on the disclosure or 
        transfer of any customer information relating to such customer 
        to any other person, including another affiliate, shall 
        continue during the 30-day period beginning on the date the 
        notice referred to in such paragraph was sent or delivered to 
        such customer, unless the customer has authorized such 
        disclosure or transfer.
            ``(5) Exceptions.--Paragraph (1) shall not apply to the 
        disclosure or transfer of customer information--
                    ``(A) in connection with processing a specific 
                financial transaction that the customer to whom the 
                information relates has authorized, if--
                            ``(i) the customer has been informed that 
                        any such transaction will necessarily involve 
                        the disclosure or transfer of such information; 
                        and
                            ``(ii) the person to whom such information 
                        is transferred or disclosed is subject to a 
                        legal or contractual obligation not to use such 
                        information for any purpose other than in 
                        connection with facilitating the transaction;
                    ``(B) in connection with any routine financial 
                transaction which does not involve marketing of 
                services or the sale of customer information, if the 
                person to whom such information is transferred or 
                disclosed is subject to a legal or contractual 
                obligation not to use such information for any purpose 
                other than in connection with effectuating the 
                transaction;
                    ``(C) in connection with clearing checks, 
                processing financial transactions or electronic fund 
                transfers, or providing mailing services, if the person 
                to whom such information is transferred or disclosed is 
                subject to a legal or contractual obligation not to use 
                such information for any purpose other than in 
                connection with clearing or processing the transaction 
                or providing the service;
                    ``(D) to a governmental, regulatory, or self-
                regulatory authority having jurisdiction over the 
                insured depository institution for examination, 
                compliance, or other authorized purposes;
                    ``(E) to a court of competent jurisdiction;
                    ``(F) to a consumer reporting agency, as defined in 
                section 603(f) of the Fair Credit Reporting Act, for 
                use solely in accordance with such Act;
                    ``(G) in the case of a default by the customer on 
                an obligation to the bank holding company or affiliate, 
                to a debt collector, as defined in section 803(6) of 
                the Fair Debt Collection Practices Act, counsel, or 
                other entity involved in debt collection, for use 
                solely in accordance with such Act;
                    ``(H) in the case of any claim or litigation 
                between the customer and a depository institution or 
                subsidiary, to counsel or any other person involved in 
                the resolution of the dispute;
                    ``(I) that is not personally identifiable to the 
                customer or is public information; or
                    ``(J) that is necessary to prevent or investigate 
                fraudulent or unlawful acts which the bank holding 
                company or affiliate has a good faith belief may occur 
                or may have occurred.''.
[EX A]: Banking Privacy Act of 1999 - Amends the Federal Deposit Insurance Act and the Bank Holding Company Act of 1956 to mandate customer notice and written consent as a prerequisite to personal information sharing between institutions under their purview (an insured depository institution or bank holding company, respectively) and other persons or affiliates. 
Delineates notice and consent procedures.

[EX Q]: SECTION 1. CAREERS TO CLASSROOMS.

    Title II of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6601 et seq.) is amended--
            (1) by redesignating part E as part F;
            (2) by redesignating sections 2401 and 2402 as sections 
        2601 and 2602, respectively; and
            (3) by adding at the end the following:

                    ``PART G--CAREERS TO CLASSROOMS

``SEC. 2401. CAREERS TO CLASSROOMS.

    ``(a) Definitions.--In this section:
            ``(1) Alternative certification program.--The term 
        `alternative certification program' means a State-approved 
        program that--
                    ``(A) provides the education and training necessary 
                to enable an individual to be eligible for teacher 
                certification in the State within a reduced period of 
                time, compared to the time typically required to 
                receive such certification; and
                    ``(B) relies upon an individual's experience, 
                expertise, academic qualifications, or other factors in 
                lieu of traditional course work for eligibility to 
                receive a degree in the field of education.
            ``(2) Eligible individual.--The term `eligible individual' 
        means an individual--
                    ``(A) who has submitted an application described in 
                subsection (d) to be a certified teacher through a 
                State-approved alternative certification program in an 
                elementary school or secondary school;
                    ``(B) who has an associate, baccalaureate, or 
                advanced degree from an accredited institution of 
                higher education;
                    ``(C) who--
                            ``(i) has substantial, demonstrable career 
                        experience and competence in mathematics, 
                        natural science, computer science, engineering, 
                        foreign language or another field of expertise 
                        determined by the State to be a field for which 
                        there is a significant shortage of qualified 
                        teachers and teacher applicants in that State; 
                        or
                            ``(ii) within 5 years of the date on which 
                        the individual submits an application described 
                        in subparagraph (A)--
                                    ``(I) has received a baccalaureate 
                                or advanced degree from an accredited 
                                institution of higher education in a 
                                field of expertise described in clause 
                                (i); and
                                    ``(II)(aa) has graduated with at 
                                least a 3.0 grade point average (or 
                                equivalent average on a different 
                                scale) in the major or graduate program 
                                for which the individual obtained the 
                                degree;
                                    ``(bb) has graduated at least in 
                                the top 50 percent of the individual's 
                                undergraduate or graduate class;
                                    ``(cc) can demonstrate a high level 
                                of competence through a high level of 
                                academic performance in core academic 
                                coursework and through successful 
                                passage of academic subject tests 
                                required by the State under its 
                                alternative certification program; and
                                    ``(dd) meets any additional 
                                academic or other standards or 
                                qualifications established by the 
                                State;
                    ``(D) in the case of an individual receiving a 
                stipend under this section, who agrees to, in good 
                faith, seek employment and to consider offers of 
                employment in the individual's subject matter of 
                expertise in a high need elementary or secondary school 
                within that State; and
                    ``(E) who meets any additional teacher 
                certification or other requirements that may be 
                established by the State.
            ``(3) High need elementary or secondary school.--The term 
        `high need elementary or secondary school' means a school--
                    ``(A)(i) in which the percentage of students from 
                families below the Federal poverty level (as determined 
                by the Secretary) is 20 percent or more; and
                    ``(ii) that the State determines has experienced a 
                significant period in which teacher vacancies have 
                remained unfilled due to greater than normal difficulty 
                in recruiting or retaining qualified teachers;
                    ``(B) is within the top quartile of schools 
                statewide with regard to the number of unfilled, 
                available teacher positions; or
                    ``(C) is located in an area, other than a 
                metropolitan statistical area, that the State 
                determines has a high percentage of students from low-
                income families or is one that has experienced greater 
                than normal difficulty in recruiting or retaining 
                teachers.
    ``(b) Program Authorized.--The Secretary may award, on a 
competitive basis, grants to States to enable such States to carry out 
the following activities:
            ``(1) Teacher recruitment, education, training, referral, 
        placement, and retention activities to place eligible 
        individuals as certified teachers in public schools through 
        State-approved alternative certification programs.
            ``(2) To award stipends (in an amount not to exceed the 
        lesser of $5,000 per person or an amount equal to the total 
        costs of the types described in paragraphs (1), (2), (3), (8), 
        and (9) of section 472 of the Higher Education Act of 1965 
        incurred by the eligible individual in obtaining alternative 
        certification under this section) to eligible individuals who--
                    ``(A) are enrolled in a State authorized 
                alternative certification program; and
                    ``(B) agree to--
                            ``(i) seek certification through teacher 
                        certification programs in that State; and
                            ``(ii) teach in a high need school in that 
                        State;
        with a preference being given to individuals who are deemed 
        financially in need of such assistance by the State.
            ``(3) To provide grants, in a manner prescribed by the 
        State, in an amount not to exceed $5,000 per eligible 
        individual, per year, to high need elementary or secondary 
        schools to offset the teacher mentoring, alternative 
        certification, and other direct costs associated with accepting 
        eligible individuals under this section.
            ``(4) To develop, or to award grants to accredited 
        institutions of higher education for the development of, 
        alternative certification programs, with preference given to 
        programs tailored to eligible individuals under this section.
            ``(5) Other activities determined by the State to be 
        reasonably necessary to carry-out the purposes of this section.
    ``(c) Criteria for Awarding of Grants.--
            ``(1) In general.--To be eligible to receive a grant under 
        this section a State shall--
                    ``(A) submit to the Secretary an application that 
                contains--
                            ``(i) a description of the manner in which 
                        the State will carry out activities under this 
                        section; and
                            ``(ii) a description of the alternative 
                        certification program of the State or a 
                        description of the manner in which the State is 
                        attempting to implement an alternative 
                        certification program;
                    ``(B) provide assurances to the Secretary that the 
                State will submit to the Secretary, at the end of the 
                grant period, a report on how the activities carried 
                out with funds made available under the grant were 
                utilized, including a description of--
                            ``(i) the manner in which the funds were 
                        used to increase the number of qualified 
                        teachers hired in the State;
                            ``(ii) the manner in which the funds 
                        improved teacher quality;
                            ``(iii) the number of teachers hired under 
                        the grant;
                            ``(iv) the professional experience and 
                        field of expertise of each teacher hired under 
                        the grant; and
                            ``(v) the manner in which the funds were 
                        used to meet other objectives of this section 
                        or other objectives of the State with regard to 
                        teacher hiring, quality, retention, and student 
                        performance;
                    ``(C) provide assurances that amounts received 
                under the grant will be used to supplement and not 
                supplant other Federal, State, and local funds expended 
                to provide services for individuals and entities 
                eligible to receive funds under this section; and
                    ``(D) provide assurances to the Secretary that 
                amounts received under the grants will be expended 
                within 3 years of the receipt of such funds and agree 
                to return unused funds to the Secretary.
            ``(2) Preference.--The Secretary shall give preference in 
        the awarding of grants under this section to States that have 
        developed, or that are developing, alternative certification 
        programs that--
                    ``(A) rapidly place quality certified teachers into 
                the classroom;
                    ``(B) emphasize subject matter content; and
                    ``(C) lead to the certification and placement of a 
                large number of teachers in relation to the number of 
                public elementary school and secondary school teachers 
                in the State.
            ``(3) Limitations.--A grant under this section may be made 
        for a period of up to 3 years, and may not exceed $10,000,000 
        per year.
            ``(4) Geographic diversity.--To the extent practicable, the 
        Secretary shall award grants under this section to support 
        programs in different geographic regions of the United States.
    ``(d) Application by Eligible Individuals.--To be eligible to 
participate as an eligible individual under this section, an individual 
shall submit an application to the State, or to an entity or individual 
designated by the State to receive such applications. Such application 
shall include--
            ``(1) a description of the academic, professional, and 
        other qualifications of the individual, including the academic 
        or professional subject matter expertise of the individual;
            ``(2) a description of the subject matter area, and, if 
        applicable, the grade level, in which the individual desires to 
        teach;
            ``(3)(A) a description of whether the individual is seeking 
        a stipend under this section (if offered by the State); and
            ``(B) if the individual is seeking such a stipend, a 
        description of the willingness of the individual to teach in a 
        high need elementary or secondary school for at least 2 years 
        under this section; and
            ``(4) any other information or documentation that may be 
        required by the State.
    ``(e) Stipends.--
            ``(1) Counted for eligibility purposes.--A stipend received 
        by an eligible individual under this section shall be taken 
        into account in determining the eligibility of the individual 
        for Federal student-based financial assistance.
            ``(2) Repayment.--The recipient of a stipend under this 
        section shall repay amounts received under such stipend to the 
        State from which the stipend was received if--
                    ``(A) the recipient fails to complete the 
                applicable alternative certification program;
                    ``(B) the recipient rejects a bona fide offer of 
                employment during the 1-year period beginning on the 
                date on which the individual completes the applicable 
                alternative certification program; or
                    ``(C) the recipient fails to teach for at least 2 
                years in a public elementary school or secondary school 
                within that State during the 5-year period beginning on 
                the date on which the individual completes the 
                applicable alternative certification program.
            ``(3) Additional procedures.--A State that receives a grant 
        under this section may establish additional procedures and 
        rules with respect to the reimbursement of the State of any 
        stipend funds under paragraph (2), and shall retain such 
        reimbursed funds to carry out activities under this section.
            ``(4) Exceptions.--Paragraphs (2) and (3) shall not apply 
        during the period of time in which an eligible individual is--
                    ``(A) pursuing a full-time course of study;
                    ``(B) serving on active duty as a member of the 
                Armed Forces;
                    ``(C) temporarily totally disabled for a period of 
                time not to exceed 3 years;
                    ``(D) not able to secure employment for a period of 
                not more than 12 months by reason of the care required 
                by a spouse who is disabled; or
                    ``(E) otherwise exempted from the requirements of 
                such paragraphs as may be provided by the Secretary.
    ``(f) Public Awareness.--The Secretary shall disseminate and 
otherwise make available information concerning the program under this 
section, including--
            ``(1) through the posting of a website on the Internet to 
        enable interested persons to easily find information and 
        application material for participation in activities under this 
        section, that contains a nationwide, publicly searchable data 
        bank of all State programs and all available public elementary 
        and secondary teaching positions the Secretary is able to 
        practicably ascertain, and a means by which individuals may 
        apply to, or inquire of, multiple States' alternative 
        certification programs under this section;
            ``(2) providing information to every State about the 
        program under this section, including the criteria for State 
        and individual eligibility; and
            ``(3) conducting other activities, either directly or 
        through contract with other appropriate entities, to broaden 
        awareness and participation in the program under this section.
    ``(g) Authorization of Appropriations.--For the purpose of carrying 
out this section, there are authorized to be appropriated $50,000,000 
in fiscal year 2002, and such sums as may be necessary for each of 
fiscal years 2003 through 2007.''.
[EX A]: Careers to Classrooms Act of 2001 - Amends the Elementary and Secondary Education Act of 1965 to establish a Careers to Classrooms program. Authorizes the Secretary of Education to award competitive grants to States for: (1) teacher recruitment, education, training, referral, placement, and retention activities to place eligible individuals as certified teachers in public schools through State-approved alternative certification programs; (2) stipends for eligible individuals enrolled in programs who agree to seek certification through teacher certification programs in that State and teach in a high-need school in that State, with preference for those individuals needing such assistance; (3) grants to high-need elementary or secondary schools to offset the teacher mentoring, alternative certification, and other direct costs associated with accepting eligible individuals under this Act; (4) grants to accredited institutions of higher education to develop alternative certification programs, with preference given to programs tailored to eligible individuals; and (5) other activities determined by the State to be reasonably necessary to carry out the purposes of this Act. Requires preference for such grants to be given to States that have developed, or are developing, alternative certification programs that: (1) rapidly place quality certified teachers into the classroom; (2) emphasize subject matter content; and (3) lead to the certification and placement of a large number of teachers in relation to the number of public elementary school and secondary school teachers in the State.

[EX Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Community Access Preservation Act'' 
or the ``CAP Act''.

SEC. 2. AMENDMENTS.

    (a) In General.--Section 611 of the Communications Act of 1934 (47 
U.S.C. 531) is amended--
            (1) by redesignating subsection (f) as subsection (h); and
            (2) by inserting after subsection (e) the following new 
        subsections:
    ``(f) Equivalence.--
            ``(1) In general.--In the case of any franchise under which 
        channel capacity is designated under subsection (b), such 
        channel capacity shall be--
                    ``(A) at least equivalent in quality, 
                accessibility, functionality, and placement to--
                            ``(i) channel capacity used for required 
                        carriage of local commercial television 
                        stations, as defined in section 614(h)(1); or
                            ``(ii) if no such stations are required to 
                        be carried, the channel capacity used to carry 
                        the primary signal of the network-affiliated 
                        commercial television stations carried on the 
                        cable system; and
                    ``(B) provided to and viewable by every subscriber 
                of a cable system without additional service or 
                equipment charges.
            ``(2) Signal quality and content.--A cable operator shall--
                    ``(A) carry signals for public, educational, or 
                governmental use from the point of origin of such 
                signals to subscribers without material degradation and 
                without altering or removing content provided as part 
                of the public, educational, or governmental use; and
                    ``(B) provide facilities adequate to fulfill such 
                requirements.
            ``(3) Waiver.--The requirements of paragraph (1) may be 
        waived by a franchising authority if the franchise contains an 
        explicit provision that such requirements shall not apply and 
        such provision was adopted after a proceeding the conduct of 
        which afforded the public adequate notice and an opportunity to 
        participate.
            ``(4) Enforcement.--The requirements of this subsection may 
        be enforced by a franchising authority or by the Commission.
            ``(5) Additional requirements.--Nothing in this subsection 
        prevents a franchising authority from establishing additional 
        requirements with respect to the quality, accessibility, 
        functionality, placement, and provision of channel capacity 
        designated for public, educational, or governmental use.
    ``(g) Preservation of Public, Educational, and Governmental Use.--
            ``(1) Study.--Within 180 days after the date of enactment 
        of the Community Access Preservation Act, the Commission shall 
        submit to Congress a report containing--
                    ``(A) an analysis of the impact of the enactment of 
                State video service franchising laws since 2005 on 
                public, educational, and governmental use of cable 
                systems;
                    ``(B) an analysis of the impact of the conversion 
                from analog to digital transmission technologies on 
                public, educational, and governmental use of cable 
                systems; and
                    ``(C) recommendations for changes required to this 
                Act to preserve and advance localism and public, 
                educational, and governmental use of advanced 
                communications systems.
            ``(2) Support.--In States that adopted legislation 
        affecting cable system franchising requirements relating to 
        support for public, educational, or governmental use of a cable 
        system that became effective after May 31, 2005, a cable 
        operator shall, notwithstanding such legislation--
                    ``(A) pay to any political subdivision in which the 
                operator provides service the greater of--
                            ``(i) the historical support that the 
                        operator, or its predecessor, provided for 
                        public, educational, or governmental use of the 
                        cable system in such subdivision in accordance 
                        with this subsection; or
                            ``(ii) the amount of any cash payment that 
                        the operator is required to pay to such 
                        subdivision under such State legislation 
                        affecting cable system franchising 
                        requirements;
                    ``(B) carry signals for public, educational, or 
                governmental use from the point of origin of such 
                signals to subscribers and provide facilities adequate 
                to fulfill such requirements in accordance with 
                subsection (f)(2); and
                    ``(C) provide at least the number of channels for 
                public, educational, or governmental use that it was 
                providing as of May 31, 2005.
            ``(3) Calculation of historical support.--Historical 
        support includes the value of all support provided for public, 
        educational, or governmental use, including in-kind support and 
        free services. The cable operator shall pay support equal to 
        the greater of--
                    ``(A) the value of the support provided in the most 
                recent calendar year prior to the effective date of 
                such State legislation affecting cable system 
                franchising requirements; or
                    ``(B) the value of the annual average support 
                provided over the term of the franchise pursuant to 
                which it operated prior to such effective date, taking 
                into account the time value of money.
            ``(4) Payments.--The amounts owed to the political 
        subdivision under paragraph (2)(A) shall be paid annually, in 
        quarterly installments, with the first payment being due 30 
        days after the date of enactment of the Community Access 
        Preservation Act.
            ``(5) Uses; disputes.--
                    ``(A) Uses.--Support provided to any State or local 
                political subdivision under this subsection shall be 
                dedicated to public, educational, or governmental use 
                of channel capacity.
                    ``(B) Disputes.--If there is a dispute as to 
                amounts owed under this subsection, undisputed amounts 
                shall be paid, and the Commission shall determine on an 
                expedited basis what, if any, additional amounts are 
                owed.''.
    (b) Franchise Fee Definition.--Section 622(g)(2) of such Act (47 
U.S.C. 542(g)(2)) is amended--
            (1) in subparagraph (B), by striking ``in the case of any 
        franchise in effect on the date of the enactment of this 
        title,'';
            (2) by striking subparagraph (C); and
            (3) by redesignating subparagraphs (D) and (E) as 
        subparagraphs (C) and (D), respectively.
    (c) Cable Service Definition.--Section 602(6) of such Act (47 
U.S.C. 522(6)) is amended by striking ``means'' and inserting ``means, 
regardless of the technology or transmission protocol used in the 
provision of service''.
[EX A]:
Community Access Preservation Act or the CAP Act - Amends the Communications Act of 1934 to require, with a specified waiver authority, that public, educational, and government (PEG) channels be: (1) carried in the same channel capacity as local commercial television channels, or if no such stations are required to be carried, in the same channel capacity as network-affiliated commercial television stations carried on cable; and (2) provided to every cable subscriber without additional service or equipment charges.

Requires a cable operator to: (1) carry PEG signals to subscribers without material degradation and without altering content; and (2) provide facilities adequate to fulfill such requirements.

Requires cable operators in states that have adopted statewide franchising to: (1) make PEG support payments equal to the greater of the cash payment required under state law or the value of historically-provided PEG support; (2) carry PEG signals from the point of origin to subscribers; and (3) provide at least the number of channels for PEG use provided as of May 31, 2005.