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SECTION 1. ENERGY ASSISTANCE FUND.

(a) Definitions.--In this section:
(1) Fund.--The term ''Fund'' means the Energy Assistance
Fund established by subsection (b).
(2) Secretary concerned.--The term ''Secretary concerned''
means, with respect to programs carried out by each Secretary--
(A) the Secretary of Agriculture;
(B) the Secretary of Energy;
(C) the Secretary of Housing and Urban Development;
(D) the Secretary of Transportation; and
(E) the Administrator of the Small Business
Administration.
(b) Establishment.--There is established in the Treasury of the
United States a revolving fund, to be known as the ''Energy Assistance
Fund'', consisting of such amounts as are appropriated to the Fund
under subsection (h)(1).
(c) Expenditures From Fund.--
(1) In general.--Subject to paragraph (2), on request by
the Secretary concerned, the Secretary of the Treasury shall
transfer from the Fund to the Secretary concerned such amounts
as the Secretary concerned determines are necessary to provide
to carry out 1 or more qualified purposes described in
subsections (d), (e), and (f).
(2) Administrative expenses.--An amount not exceeding 10
percent of the amounts in the Fund shall be available for each
fiscal year to pay the administrative expenses necessary to
carry out this section.
(d) Low-Interest Loan Guarantees for Purchase and Installation of
Qualifying Energy Efficient Property.--
(1) In general.--To the extent that the Secretary concerned
has authority under other law to make or guarantee loans or
grants to persons to purchase and install qualifying property,
the Secretary concerned may guarantee loans made to eligible
United States persons for the purchase and installation of
qualifying property.
(2) Qualifying property.--For the purpose of paragraph (1),
qualifying property means--
(A) any component which constitutes a qualified
energy efficiency improvement (as defined in section
25C(c) of the Internal Revenue Code of 1986);
(B) property to heat water for use in a dwelling
unit located in the United States and used a residence
by the person if at least half of the energy used by
such property for such purpose is derived from the sun;
(C) property which uses solar energy to generate
electricity for use in a dwelling unit located in the
United States and used by the person (in the case of an
individual) as a residence;
(D) qualified fuel cell property (as defined in
section 48(c)(1) of that Code) installed on or in
connection with a dwelling unit located in the United
States and used as a principal residence (within the
meaning of section 121 of that Code) by the person (in
the case of an individual); or
(E) a compliant stove (as defined in section
25E(c)(2) of that Code) which--
(i) is installed in a dwelling unit located
in the United States; and
(ii) replaces a noncompliant stove (as
defined in section 25E(c)(3) of that Code) used
in such dwelling unit.
(3) Eligibility.--To be eligible to receive a loan
guarantee under this subsection, a person that is an individual
shall have a household income of not to exceed 115 percent of
the national median household income, as determined by the
Secretary concerned.
(4) Use of loan.--The recipient of a loan guaranteed under
this subsection may use the loan only to fund improvements to
property owned by, and for the benefit of, the recipient.
(5) Amount.--The amount of a loan made to a person that is
guaranteed under this subsection shall equal the lesser of--
(A) 90 percent of the difference between--
(i) the cost incurred by the person for the
purchase and installation of the qualifying
property, as approved by the Secretary; and
(ii) the amount of any credit allowable to
the person with respect to such property under
section 25C, 25D, or 25E, of the Internal
Revenue Code of 1986; or
(B) $30,000.
(6) Term of loans.--A loan guaranteed under this subsection
shall have a term of not to exceed 15 years.
(e) Low-Interest Loan Guarantees for Purchase and Installation of
Idling Reduction and Advanced Insulation for Heavy Trucks.--
(1) In general.--To the extent that the Secretary concerned
has authority under other law to make or guarantee loans or
grants to persons to purchase and install idling reduction
devices described in section 4053(9) of the Internal Revenue
Code of 1986 or advanced insulation described in section
4053(10) of such Code, the Secretary concerned may guarantee
loans made to United States persons for the purchase and
installation of such idling reduction devices and advanced
insulation.
(2) Use of loan.--The recipient of a loan guaranteed under
this subsection may use the loan only to fund improvements to
property owned by, and for the benefit of, the recipient.
(3) Amount.--
(A) In general.--The amount of a loan made to a
person that is guaranteed under this subsection shall
equal 90 percent of the difference between--
(i) the cost incurred by the person for the
purchase and installation of the idling
reduction devices and advanced insulation
described in subsection (a), as approved by the
Secretary concerned; and
(ii) 12 percent of the amount for which the
idling reduction devices or advanced insulation
was sold.
(B) Special rules.--In the case of any property
described in paragraphs (2), (3), or (4) of section
4051(a) of the Internal Revenue Code of 1986, the
amount determined under subparagraph (A) shall be zero.
(C) Determination of price.--Rules similar to the
rules of section 4052(b) of the Internal Revenue Code
of 1986 shall apply for purposes of subparagraph (B).
(4) Loan terms.--The Secretary concerned shall establish
terms for loans guaranteed under this subsection, as determined
by the Secretary concerned.
(f) Low-Interest Loan Guarantees for Purchase and Installation of
Alternative Refueling Stations.--
(1) In general.--To the extent that the Secretary concerned
has authority under other law to make or guarantee loans or
grants to persons for the purchase and installation of any
qualified alternative fuel vehicle refueling property (as
defined in section 30C(c) of the Internal Revenue Code of
1986), the Secretary concerned may guarantee loans made to
United States persons for the purchase and installation of any
such qualified alternative fuel vehicle refueling property
placed in service by the person during a taxable year.
(2) Use of loan.--The recipient of a loan guaranteed under
this subsection may use the loan only to fund improvements to
property owned by, and for the benefit of, the recipient.
(3) Amount.--The amount of a loan made to a person that is
guaranteed under this subsection shall equal 90 percent of the
difference between--
(A) the cost incurred by the person for the
purchase and installation of the qualified alternative
fuel vehicle refueling property described in paragraph
(1), as approved by the Secretary concerned; and
(B) the amount of any credit allowable to the
person under section 30C of the Internal Revenue Code
of 1986.
(4) Loan terms.--The Secretary concerned shall establish
terms for loans guaranteed under this subsection, as determined
by the Secretary concerned.
(g) Transfers of Amounts.--
(1) In general.--The amounts required to be transferred to
the Fund under this section shall be transferred at least
monthly from the general fund of the Treasury to the Fund on
the basis of estimates made by the Secretary of the Treasury.
(2) Adjustments.--Proper adjustment shall be made in
amounts subsequently transferred to the extent prior estimates
were in excess of or less than the amounts required to be
transferred.
(h) Funding.--
(1) Mandatory funding.--
(A) In general.--Notwithstanding any other
provision of law, on October 1, 2009, out of any funds
in the Treasury not otherwise appropriated, the
Secretary of the Treasury shall transfer to the Fund
for the cost of loans to carry out the purposes of the
Fund $1,000,000,000, to remain available until
expended.
(B) Receipt and acceptance.--The Fund shall be
entitled to receive, shall accept, and shall use to
carry out the purposes of the Fund the funds
transferred under subparagraph (A), without further
appropriation.
(2) Authorization of appropriations.--
(A) In general.--In addition to the amount made
available under paragraph (1), there are authorized to
be appropriated to the Fund such sums as are necessary
to carry out the purposes of the Fund.
(B) Additional funding.--To the extent that a
Secretary described in subsection (a) has authority
under other law to make or guarantee loans or grants
described in subsection (d)(1), (e)(1), or (f)(1), in
addition to any other funds made available to carry out
that authority under any other provision of law, there
are authorized to be appropriated to the Secretary such
sums as are necessary for the Secretary to provide
additional loans, loan guarantees, or grants under that
authority.
Establishes in the Treasury the Energy Assistance Fund.

Directs the Secretary of the Treasury, upon request of the Secretary concerned, to transfer amounts from the Fund to that Secretary to make or guarantee low-interest loans or grants to U.S. persons to purchase and install: (1) qualifying energy efficient property in their principal dwelling (i.e., solar powered property to heat water or generate electricity, fuel cells, or compliant stoves); (2) idling reduction devices or advanced insulation in heavy trucks; and (3) qualified alternative fuel vehicle refueling property at a station.

SECTION 1. SHORT TITLE.

This Act may be cited as the ''Child Custody Protection Act''.

SEC. 2. TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS
RELATING TO ABORTION.

(a) In General.--Title 18, United States Code, is amended by
inserting after chapter 117 the following:

''CHAPTER 117A--TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN
LAWS RELATING TO ABORTION

''Sec
''2431. Transportation of minors in circumvention of certain laws
relating to abortion
''Sec. 2431. Transportation of minors in circumvention of certain laws
relating to abortion
''(a) Offense.--
''(1) Generally.--Except as provided in subsection (b),
whoever knowingly transports a minor across a State line, with
the intent that such minor obtain an abortion, and thereby in
fact abridges the right of a parent under a law requiring
parental involvement in a minor's abortion decision, in force
in the State where the minor resides, shall be fined under this
title or imprisoned not more than one year, or both.
''(2) Definition.--For the purposes of this subsection, an
abridgement of the right of a parent occurs if an abortion is
performed on the minor, in a State other than the State where
the minor resides, without the parental consent or
notification, or the judicial authorization, that would have
been required by that law had the abortion been performed in
the State where the minor resides.
''(b) Exceptions.--
''(1) The prohibition of subsection (a) does not apply if
the abortion was necessary to save the life of the minor
because her life was endangered by a physical disorder,
physical injury, or physical illness, including a life
endangering physical condition caused by or arising from the
pregnancy itself.
''(2) A minor transported in violation of this section, and
any parent of that minor, may not be prosecuted or sued for a
violation of this section, a conspiracy to violate this
section, or an offense under section 2 or 3 based on a
violation of this section.
''(c) Affirmative Defense.--It is an affirmative defense to a
prosecution for an offense, or to a civil action, based on a violation
of this section that the defendant reasonably believed, based on
information the defendant obtained directly from a parent of the minor
or other compelling facts, that before the minor obtained the abortion,
the parental consent or notification, or judicial authorization took
place that would have been required by the law requiring parental
involvement in a minor's abortion decision, had the abortion been
performed in the State where the minor resides.
''(d) Civil Action.--Any parent who suffers harm from a violation
of subsection (a) may obtain appropriate relief in a civil action.
''(e) Definitions.--For the purposes of this section--
''(1) a 'law requiring parental involvement in a minor's
abortion decision' means a law--
''(A) requiring, before an abortion is performed on
a minor, either--
''(i) the notification to, or consent of, a
parent of that minor; or
''(ii) proceedings in a State court; and
''(B) that does not provide as an alternative to
the requirements described in subparagraph (A)
notification to or consent of any person or entity who
is not described in that subparagraph;
''(2) the term 'parent' means--
''(A) a parent or guardian;
''(B) a legal custodian; or
''(C) a person standing in loco parentis who has
care and control of the minor, and with whom the minor
regularly resides, who is designated by the law
requiring parental involvement in the minor's abortion
decision as a person to whom notification, or from whom
consent, is required;
''(3) the term 'minor' means an individual who is not older
than the maximum age requiring parental notification or
consent, or proceedings in a State court, under the law
requiring parental involvement in a minor's abortion decision;
and
''(4) the term 'State' includes the District of Columbia
and any commonwealth, possession, or other territory of the
United States.''.
(b) Clerical Amendment.--The table of chapters for part I of title
18, United States Code, is amended by inserting after the item relating
to chapter 117 the following new item:

''117A. Transportation of minors in circumvention of 2431''.
certain laws relating to abortion.
Child Custody Protection Act - Amends the federal criminal code to prohibit transporting a minor across a state line to obtain an abortion (deems such transporting to be a de facto abridgment of the right of a parent under any law in the minor's state of residence that requires parental involvement in the minor's abortion decision). Makes an exception for an abortion necessary to save the life of the minor.

Protects from prosecution or civil liability the minor or the minor's parents for violations of this Act.

Makes it an affirmative defense to a prosecution or civil action under this Act that a defendant reasonably believed that before the minor obtained the abortion, the required parental consent or notification or judicial authorization took place.

Authorizes any parent who suffers harm from a violation of this Act to seek relief in a civil action. Defines "parent" to include a guardian, legal custodian, or person standing in loco parentis.

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''.
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.