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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.
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.

SECTION 1. SHORT TITLE.

This Act may be cited as the ''Motorcoach Safety, Accountability,
and Technology Act of 2013''.

SEC. 2. BRAKE PERFORMANCE INSPECTIONS.

Not later than 3 years after the date of enactment of this Act, the
Secretary of Transportation shall issue regulations to ensure that an
individual conducts, before each trip of a motorcoach carried out by a
provider of motorcoach services, a brake performance inspection for
that motorcoach to ensure that the brake performance satisfies all
requirements under Federal law.

SEC. 3. BRAKE MONITORING SYSTEMS.

Not later than 3 years after the date of enactment of this Act, the
Secretary of Transportation shall issue regulations that--
(1) establish minimum performance standards for any
electronic system onboard a motorcoach that is used to monitor
the performance of an air brake system of that motorcoach; and
(2) require that each motorcoach with an air brake system,
if manufactured after the date that is 2 years after the
effective date of the standards established under paragraph
(1), be equipped with such an electronic system.

SEC. 4. AUTOMATIC EMERGENCY BRAKING AND COLLISION WARNING SYSTEMS.

Not later than 3 years after the date of enactment of this Act, the
Secretary of Transportation shall issue regulations requiring that each
motorcoach manufactured after the effective date of such regulations be
equipped with--
(1) an automatic emergency braking system; and
(2) a collision warning system.

SEC. 5. LANE DEPARTURE WARNING SYSTEMS.

Not later than 3 years after the date of enactment of this Act, the
Secretary of Transportation shall issue regulations requiring that each
motorcoach manufactured after the effective date of such regulations,
and with a gross vehicle weight rating of more than 10,000 pounds, be
equipped with a lane departure warning system.

SEC. 6. SPEED LIMITING DEVICES.

Not later than 3 years after the date of enactment of this Act, the
Secretary of Transportation shall issue regulations requiring that each
motorcoach manufactured after the effective date of such regulations be
equipped with a device that limits the speed at which the motorcoach
may travel to not more than 70 miles per hour.

SEC. 7. ADDITIONAL REGULATION REQUIREMENTS.

In issuing regulations under sections 3, 4, 5, and 6 of this Act,
the Secretary of Transportation shall--
(1) require that the technologies mandated for motorcoaches
under those sections be tamper resistant; and
(2) establish a process for certifying compliance with the
regulations.

SEC. 8. RETROFITTING.

(a) Study.--The Secretary of Transportation shall conduct a study
on the feasibility of requiring that motorcoaches, if not manufactured
with the technologies referenced in sections 3, 4, 5, and 6 of this
Act, be retrofitted with such technologies.
(b) Report.--Not later than 3 years after the date of enactment of
this Act, the Secretary shall submit to Congress a report on the
findings of the study conducted under subsection (a).

SEC. 9. REGROOVED, RECAPPED, AND RETREADED TIRES.

Not later than 3 years after the date of enactment of this Act, the
Secretary of Transportation shall issue regulations that establish
standards for the use of regrooved, recapped, or retreaded tires on a
motorcoach.

SEC. 10. MOTOR CARRIER SAFETY ASSISTANCE PROGRAM.

Section 31102(b)(2) of title 49, United States Code, is amended by
striking subparagraph (X) and inserting the following:
''(X) except in the case of an imminent or obvious
safety hazard, ensures that an inspection of a vehicle
transporting passengers for a motor carrier of
passengers is conducted at a station, terminal, border
crossing, maintenance facility, destination, weigh
station, rest stop, turnpike service area, or a
location where adequate food, shelter, and sanitation
facilities are available for passengers and reasonable
accommodation is available for passengers with
disabilities; and''.

SEC. 11. DEFINITIONS.

In this Act, the following definitions apply:
(1) Motorcoach.--The term ''motorcoach'' has the meaning
given that term in section 32702(6) of MAP-21, except that the
reference in such section to section 3038(a)(3) of the
Transportation Equity Act for the 21st Century (49 U.S.C. 5310
note) shall be treated as referring to such section 3038(a)(3)
as in effect on the day before the date of enactment of MAP-21.
(2) Provider of motorcoach services.--The term ''provider
of motorcoach services'' has the meaning given that term in
section 32702(10) of MAP-21, except that the term
''motorcoach'', as used in such section, shall be treated as
having the meaning given such term under paragraph (1) of this
section.
Motorcoach Safety, Accountability, and Technology Act of 2013 - Directs the Secretary of Transportation (DOT) to issue regulations to ensure that an individual conducts a brake performance inspection before each motorcoach trip to ensure that the brake performance satisfies all federal law requirements. Directs the Secretary to issue regulations to: (1) establish minimum performance standards for onboard electronic air brake monitoring systems for motorcoaches, (2) require motorcoaches to be equipped with automatic emergency braking and collision warning systems, (3) require motorcoaches with a gross vehicle weight rating of more than 10,000 pounds to be equipped with a lane departure warning system, and (4) require motorcoaches to be equipped with a device to limit maximum speed to 70 miles per hour. Requires the Secretary to make such technologies tamper resistant. Directs the Secretary to study the feasibility of requiring motorcoaches be retrofitted with such technologies. Directs the Secretary to issue regulations to establish standards for motorcoaches to use regrooved, recapped, or retreaded tires. Revises Motor Carrier Safety Assistance Program requirements. Requires the Secretary to approve plans under which states agree to assume responsibility for improving motor carrier safety and adopt and to enforce commercial motor vehicle safety, hazardous materials transportation safety, or compatible regulations, standards, and orders if the plan ensures that (except in the case of an imminent or obvious safety hazard) an inspection of a passenger motorcoach is conducted at a station, terminal, border crossing maintenance facility, and destination (as under current law), but also a weigh station, rest stop, turnpike service area, or other location where adequate food, shelter, and sanitation facilities are available for passengers as well as passengers with disabilities.

SECTION 1. SHORT TITLE.

This Act may be cited as the ''Video Programming Consumer Privacy
Protection Act of 2003''.

SEC. 2. FINDINGS.

The Congress finds the following:
(1) The personal privacy of Americans in the digital age is
of increasing concern to consumers and public policy must
strive to keep up with changes in technology.
(2) The cable television industry has long provided video
programming to millions of consumers over cable systems capable
of collecting personal information about a subscriber's viewing
habits.
(3) Congress recognized the growing threat to personal
privacy posed by the emerging cable system-based technology and
in 1984 enacted privacy protections contained in section 631 of
the Communications Act of 1934 (47 U.S.C. 551), to safeguard
the personal privacy of American consumers when they utilize
any service over a cable system.
(4) Under these rules, cable television operators utilizing
their cable facilities to offer television programming, pay-
per-view services, or telecommunications services, such as
broadband access to the Internet, must protect the personal
privacy of subscribers and are prohibited from disclosing
personal data without the prior written or electronic consent
of subscribers.
(5) In addition, the Video Privacy Protection Act (18
U.S.C. 2710) prohibits a video rental or sales outlet from
disclosing personal information regarding what video tapes a
consumer rents or buys without the informed, written consent of
the consumer.
(6) Since these personal privacy protections were enacted
by Congress, other technology has arrived that provides
services to consumers that are similar to those provided by
cable operators and video rental outlets.
(7) For example, direct broadcast satellite providers
(''DBS providers''), such as DirecTV and Echostar, now boast 20
million subscribers nationwide and these satellite-based
services compete with cable operators on the array of services
that cable operators typically offer.
(8) In addition, over 1 million consumers now subscribe to
fast-growing digital video recording services, such as those
provided by companies such as Tivo and Replay TV, which, like
cable operators and DBS providers, possess the ability to
gather information from consumers about a consumer's use of the
system, including an individual consumer's television viewing
habits.
(9) While DBS providers and providers of digital video
recording services offer consumers services similar to those
offered by cable operators over cable systems, competitors
utilizing these technologies do not currently have to comply
with the privacy protections in section 631 because such
provisions apply only to cable operators.
(10) Consistent with the policy endorsed by Congress in
enacting the Telecommunications Act of 1996 of regulating
entities based upon the service which is provided rather than
the technology used to deliver that service, the public
interest compels that privacy protections for consumers should
be consistently applied irrespective of who the provider is, or
what technology they employ to deliver services to consumers.
(11) While DBS providers and providers of digital video
recording services have not announced plans to or record the
personal viewing habits or gather other personal data from a
consumer's use of their services, the public interest would be
served by requiring comparable privacy protections for American
consumers.

SEC. 3. PRIVACY REQUIREMENTS.

Title VII of the Communications Act of 1934 is amended by adding at
the end the following new section:

''SEC. 715. PRIVACY REQUIREMENTS FOR VENDORS OF MULTICHANNEL SERVICES.

''(a) Definitions.--For purposes of this section:
''(1) Multichannel services vendor.--The term 'multichannel
services vendor' means--
''(A) a multichannel video programming distributor,
as such term is defined in section 602; and
''(B) a person that has access to information
concerning the video programming that a customer views,
displays, or records through the provision of video
programming, recording services, navigation devices,
software, or programming guides, interactive
communications equipment, or other equipment used by
consumers to access multichannel video programming or
other services offered over multichannel service
systems or the Internet;
except that such term does not include a cable operator to the
extent that the cable operator is subject to section 631.
''(2) Multichannel services.--The term 'multichannel
services' means a video programming service or other service
provided to consumers, including services that enable consumers
to navigate, record, or replay video services, except that such
term does not include cable service to the extent that the
cable operator providing such service is subject to section
631.
''(3) Personally identifiable information.--The term
'personally identifiable information' does not include any
record of aggregate data which does not identify particular
persons.
''(4) Other service.--The term 'other service' includes any
wire or radio communications service provided using any of the
facilities of a multichannel services vendor that are used in
the provision of multichannel services.
''(b) Notice Obligation.--At the time of entering into an agreement
to provide any multichannel service or other service to a subscriber
and at least once a year thereafter, a multichannel service vendor
shall provide notice in the form of a separate, written statement to
such subscriber which clearly and conspicuously informs the subscriber
of--
''(A) the nature of personally identifiable information
collected or to be collected with respect to the subscriber and
the nature of the use of such information;
''(B) the nature, frequency, and purpose of any disclosure
which may be made of such information, including an
identification of the types of persons to whom the disclosure
may be made;
''(C) the period during which such information will be
maintained by the multichannel service vendor;
''(D) the times and place at which the subscriber may have
access to such information in accordance with subsection (e);
and
''(E) the limitations provided by this section with respect
to the collection and disclosure of information by a
multichannel service vendor and the right of the subscriber
under subsections (g) and (i) to enforce such limitations.
In the case of subscribers who have entered into such an agreement
before the effective date of this section, such notice shall be
provided within 180 days of such date and at least once a year
thereafter.
''(c) Restrictions on Use.--
''(1) Use prohibited without consent.--Except as provided
in paragraph (2), a multichannel service vendor shall not use
its provision of multichannel services to collect personally
identifiable information concerning any subscriber without the
prior written or electronic consent of the subscriber
concerned.
''(2) Exceptions.--A multichannel service vendor may use
its provision of multichannel services to collect such
information in order to--
''(A) obtain information necessary to render a
multichannel service or other service provided by the
multichannel service vendor to the subscriber; or
''(B) detect unauthorized reception of multichannel
service.
''(d) Restrictions on Disclosure.--
''(1) Disclosure prohibited without consent.--Except as
provided in paragraph (2), a multichannel service vendor shall
not disclose personally identifiable information concerning any
subscriber without the prior written or electronic consent of
the subscriber concerned and shall take such actions as are
necessary to prevent unauthorized access to such information by
a person other than the subscriber or multichannel service
vendor.
''(2) Exceptions.--A multichannel service vendor may
disclose such information if the disclosure is--
''(A) necessary to render, or conduct a legitimate
business activity related to, a multichannel service or
other service provided by the multichannel service
vendor to the subscriber;
''(B) subject to subsection (i), made pursuant to a
court order authorizing such disclosure, if the
subscriber is notified of such order by the person to
whom the order is directed;
''(C) a disclosure of the names and addresses of
subscribers to any multichannel service or other
service, if--
''(i) the multichannel service vendor has
provided the subscriber the opportunity to
prohibit or limit such disclosure; and
''(ii) the disclosure does not reveal,
directly or indirectly, the--
''(I) extent of any viewing or
other use by the subscriber of a
multichannel services or other service
provided by the multichannel service
vendor; or
''(II) the nature of any
transaction made by the subscriber of
the multichannel service vendor; or
''(D) to a government entity as authorized under
chapter 119, 121, or 206 of title 18, United States
Code, except that such disclosure shall not include
records revealing multichannel service subscriber
selection of video programming from a multichannel
service vendor.
''(e) Access by Subscriber to Information.--A multichannel service
subscriber shall be provided access to all personally identifiable
information regarding that subscriber which is collected and maintained
by a multichannel service vendor. Such information shall be made
available to the subscriber at reasonable times and at a convenient
place designated by such multichannel service vendor. A multichannel
service subscriber shall be provided reasonable opportunity to correct
any error in such information.
''(f) Destruction of Information.--A multichannel service vendor
shall destroy personally identifiable information if the information is
no longer necessary for the purpose for which it was collected and
there are no pending requests or orders for access to such information
under subsection (e) or pursuant to a court order.
''(g) Remedies.--
''(1) Civil actions.--Any person aggrieved by any act of a
multichannel service vendor in violation of this section may
bring a civil action in a United States district court.
''(2) Actual and punitive damages; fees and costs.--The
court may award--
''(A) actual damages but not less than liquidated
damages computed at the rate of $100 a day for each day
of violation or $1,000, whichever is higher;
''(B) punitive damages; and
''(C) reasonable attorneys' fees and other
litigation costs reasonably incurred.
''(3) Remedies not exclusive.--The remedy provided by this
section shall be in addition to any other lawful remedy
available to a multichannel service subscriber.
''(h) Preservation of State Authority.--Nothing in this title shall
be construed to prohibit any State from enacting or enforcing laws
consistent with this section for the protection of subscriber privacy.
''(i) Basis for Court Orders.--Except as provided in subsection
(d)(2)(D), a governmental entity may obtain personally identifiable
information concerning a multichannel service subscriber pursuant to a
court order only if, in the court proceeding relevant to such court
order--
''(1) such entity offers clear and convincing evidence that
the subject of the information is reasonably suspected of
engaging in criminal activity and that the information sought
would be material evidence in the case; and
''(2) the subject of the information is afforded the
opportunity to appear and contest such entity's claim.''.
Video Programming Consumer Privacy Protection Act of 2003 - Amends the Communications Act of 1934 to require a multichannel service vendor (a multichannel video programming distributor or person that has access to video programming viewing information) (vendor), at the time of entering into a service agreement with a subscriber and at least once a year thereafter, to provide written notice to such subscriber concerning: (1) the nature of personally identifiable information (information) collected with respect to the subscriber; (2) the nature of any disclosure of such information; (3) the period during which such information will be maintained by the vendor; (4) the time and place at which the subscriber may have access to such information; and (5) limitations with regard to the vendor collection and disclosure of such information and the right of the subscriber to enforce such limitations.

Prohibits any vendor from collecting or disclosing such information without the prior written or electronic consent of the subscriber, with certain business-related exceptions. Requires a vendor to provide subscriber access to all collected information, and to destroy information no longer necessary.

Provides civil remedies for violations, including actual and punitive damages.