[Congressional Record Volume 148, Number 62 (Wednesday, May 15, 2002)]
[Senate]
[Pages S4389-S4391]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS--MAY 14, 2002
By Mrs. CARNAHAN (for herself and Mrs. Hutchison):
S. 2511. A bill to prevent trafficking in child pornography and
obscenity, to proscribe pandering and solicitation relating to visual
depictions of minors engaging in sexually explicit conduct, to prevent
the use of child pornography and obscenity to facilitate crimes against
children, and for other purposes; to the Committee on the Judiciary.
Mrs. CARNAHAN. Mr. President, child pornography is an affront to the
inherent decency of our society. Creating and distributing this
revolting material causes severe damage to the children involved. Those
who purchase this material also harm children by creating a demand for
production of more child pornography, leading to a greater number of
victimized children.
Congress has enacted strong criminal laws outlawing the production,
distribution, and possession of child pornography. But the advent of
the internet and advances in imaging technology have made enforcing
these laws more difficult. The problem is twofold. First, child
pornography can now be created using digital technology such that the
subjects of the images are virtual, not real, children. Second, child
pornographers facing criminal prosecution now claim that the materials
at issue contain computer-generated, virtual image, and claim that such
images are constitutionally protected free speech. The technology is
now so advanced that it is difficult for expert witnesses to determine
whether the pornographers' claims are true, giving real pornographers
the ability to escape prosecution.
Congress attempted to address this problem in 1996 by expanding the
scope of federal child pornography statutes to cover sexually explicit
images that appear to depict children, but were created without using
actual children. Unfortunately, last month the Supreme Court determined
that parts of the statute were unconstitutional. The Court concluded
that the law was drafted too broadly and covered speech that is
protected by the First Amendment. Unless Congress takes further action,
future prosecutions of child pornographers will be in jeopardy.
According to Associate Deputy Attorney General Daniel Collins, if
prosecutors can only obtain convictions when the have affirmative proof
that actual children were used, the ``[g]overnment may be able to
prosecute effectively only in very limited cases, such as those in
which it happens to be able to match the depictions to pictures in
pornographic magazines produced before the development of computer
imaging software.''
The legislation I am introducing today, along with my colleague
Senator Hutchison, will cure this problem. It is companion legislation
to H.R. 4623 and contains the Justice Department's recommendations on
how to draft a constitutional statute that will facilitate prosecution
of child pornographers. The legislation strikes a balance between the
government's compelling interest in protecting children while not
infringing on First Amendment rights.
The bill has a number of features. First, it narrows the definition
of virtual child pornography and includes an affirmative defense that
places the burden of proof on defendants to establish that the
materials at issue were created without using real children. Second, it
prohibits all real or virtual child pornography that depicts preteens.
These sexually explicit materials involving young children are obscene
and, in my view, do not enjoy any first amendment protection. The bill
also creates new ways to crack down on pedophiles by outlawing showing
pornography to children. It also encourages greater voluntary reporting
of suspected child pornography found by internet service providers on
their systems.
This legislation is progressing quickly through the House of
Representatives. I hope that we can move expeditiously in this body as
well to give the Justice Department the tools it needs to continue its
campaign against the exploitation and degradation of children.
Mrs. HUTCHISON. Mr. President, I rise today to join my colleague from
Missouri to introduce the Child Obscenity and Pornography Prevention
Act of 2002. The passage of this legislation is urgently needed to stop
the marketing of child pornography and its destructive impact on our
society.
This bill is similar to the House version, which has the strong
support of the Department of Justice. Attorney General Ashcroft has
asked for this legislation so that he will have the tools to prosecute
child pornographers. In this Internet age, it is becoming more
difficult to ascertain whether child pornography is produced by
exploiting real minors or whether it is made with computer imagery. I
understand the Supreme Court's concerns about First Amendment rights.
The bill we are introducing today does not violate the First Amendment.
Our bill goes after the marketing of child pornography, regardless of
whether it is produced using a real minor. Legal precedent is clear
that Congress may outlaw the solicitation and attempt to commit a
crime, even if the core crime does not transpire. I have been a strong
advocate against marketing violence to children, and similarly, I am
strongly against the marketing of child pornography. The bottom line is
that sexual images of children, even if produced by computer-imagery,
only increase the chances of sexual crimes occurring against our
children.
In addition, our bill outlaws the production of ``obscene'' child
pornography, regardless of whether a real child or a computer-image is
used. The Supreme Court has been clear that obscenity deserves no
protection under
[[Page S4390]]
the first amendment, much less obscenity related to child pornography.
Without a new law, the Supreme Court's ruling several weeks ago could
mean a pornographer might use the defense that the child pornography
does not involve a real minor and thus constitutes protected speech.
That is a terrible outcome and we must remedy it.
I am pleased to be cosponsor of this important legislation, and I
urge the Senate to address this issue expeditiously.
______
By Mr. HARKIN (for himself, Mr. Grassley, Mr. Bingaman, Mr.
Cochran, Mr. Dodd, Mr. Helms, Mr. Kerry, Mr. Rockefeller, Mr.
Reid, Mr. Smith of Oregon, and Mr. Wellstone):
S. 2512. A bill to provide grants for training court reporters and
closed captioners to meet requirements for realtime writers under the
Telecommunications Act of 1996, and for other purposes; to the
Committee on Commerce, Science, and Transportation.
Mr. HARKIN. Mr. President, today I am introducing legislation, the
Training for Realtime Writers Act of 2002, on behalf of myself and my
colleagues, Senators Grassley, Bingaman, Cochran, Dodd, Helms, Kerry,
Rockefeller, Reid, Gordon Smith, and Wellstone. The 1996 Telecom Act
required that all television broadcasts were to be captioned by 2006.
This was a much needed reform that is helping millions of deaf and
hard-of-hearing Americans to be able to take full advantage of
television programming. As of today, it is estimated that 3,000
captioners will be needed to fulfill this requirement, and that number
continues to increase as more and more broadband stations come online.
Unfortunately, the United States only has 300 captioners. If our
country expects to have media fully captioned by 2006, something must
be done.
This is an issue that I feel very strongly about because my late
brother, Frank, was deaf. I know personally that access to culture,
news, and other media was important to him and to others in achieving a
better quality of life. More than 28 million Americans, or 8 percent of
the population, are considered deaf or hard of hearing and many require
captioning services to participate in mainstream activities. In 1990, I
authored legislation that required all television sets to be equipped
with a computer chip to decode closed captioning. This bill completes
the promise of that technology, affording deaf and hard of hearing
Americans the same equality and access that captioning provides.
Though we don't necessarily think about it, on the morning of
September 11, Holli Miller of Ankeny, Iowa was captioning for Fox News.
She was supposed to do her three and a half hour shift ending at 7 a.m.
but as we all know, tragedy struck. Despite the fact that she had
already worked most of her shift and had two small children to care
for, Holli Miller stayed right where she was and for nearly five more
hours, she captioned. Without even the ability to take bathroom breaks,
Holli Miller made sure that deaf and hard of hearing people got the
same news the rest of us got on September 11. I want to say thank you
to Holli Miller and all the many captioners and other people across
America that made sure the country was alert and informed on that sad
day.
But let me emphasize that the deaf and hard of hearing population is
only one of a number of groups that will benefit from this legislation.
The audience for captioning also includes individuals seeking to
acquire or improve literacy skills, including approximately 27 million
functionally illiterate adults, 3 or 4 million immigrants learning
English as a second language, and 18 million children learning to read
in grades kindergarten through 3. In addition, I see people using
closed captioning to stay informed everywhere, from the gym to the
airport. Captioning helps people educate themselves and helps all of us
stay informed and entertained when audio isn't the most appropriate
medium.
Although we have a few years to go until the deadline given by the
1996 Telecom Act, our Nation is facing a serious shortage of
captioners. Over the past five years, student enrollment in programs
that train court reporters to become realtime writers has decreased
significantly, causing such programs to close on many campuses. Yet the
need for these skills keeps rising. That is why my colleagues and I are
introducing this vital piece of legislation. The Training for Realtime
Writers Act of 2002 would establish competitive grants to be used
toward training real time captioners. This is necessary to ensure that
we meet our goal set by the 1996 Telecom Act.
I urge my colleagues to review this legislation and I hope they will
join us in support and join us in our effort to win its passage. I ask
unanimous consent that the text of the bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 2512
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Training for Realtime
Writers Act of 2002''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) As directed by Congress in section 723 of the
Communications Act of 1934 (47 U.S.C. 613), as added by
section 305 of the Telecommunications Act of 1996 (Public Law
104-104; 110 Stat. 126), the Federal Communications
Commission adopted rules requiring closed captioning of most
television programming, which gradually require new video
programming to be fully captioned beginning in 2006.
(2) More than 28,000,000 Americans, or 8 percent of the
population, are considered deaf or hard of hearing and many
require captioning services to participate in mainstream
activities.
(3) More than 24,000 children are born in the United States
each year with some form of hearing loss.
(4) According to the United States Department of Health and
Human Services and a study done by the National Council on
Aging--
(A) 25 percent of Americans over 65 years old are hearing
impaired;
(B) 33 percent of Americans over 70 years old are hearing
impaired; and
(C) 41 percent of Americans over 75 years old are hearing
impaired.
(5) The National Council on Aging study also found that
depression in older adults may be directly related to hearing
loss and disconnection with the spoken word.
(6) Over the past 5 years, student enrollment in programs
that train court reporters to become realtime writers has
decreased significantly, causing such programs to close on
many campuses.
SEC. 3. AUTHORIZATION OF GRANT PROGRAM TO PROMOTE TRAINING
AND JOB PLACEMENT OF REALTIME WRITERS.
(a) In General.--The National Telecommunications and
Information Administration shall make grants to not more than
20 eligible entities under subsection (b) to promote training
and placement of individuals, including individuals who have
completed a court reporting training program, as realtime
writers in order to meet the requirements for closed
captioning of video programming set forth in section 723 of
the Communications Act of 1934 (47 U.S.C. 613) and the rules
prescribed thereunder.
(b) Eligible Entities.--For purposes of this Act, an
eligible entity is a court reporting program that is--
(1) approved by the National Court Reporters Association;
(2) accredited by an accrediting agency recognized by the
Department of Education; and
(3) participating in student aid programs under title IV of
the Higher Education Act of 1965.
(c) Duration of Grant.--A grant under this section shall be
for a period of two years.
(d) Maximum Amount of Grant.--The amount of a grant
provided under subsection (a) to an entity eligible may not
exceed $1,000,000 for the two-year period of the grant under
subsection (c).
SEC. 4. APPLICATION.
(a) In General.--To receive a grant under section 3, an
eligible entity shall submit an application to the National
Telecommunications and Information Administration at such
time and in such manner as the Administration may require.
The application shall contain the information set forth under
subsection (b).
(b) Information.--Information in the application of an
eligible entity under subsection (a) for a grant under
section 3 shall include the following:
(1) A description of the training and assistance to be
funded using the grant amount, including how such training
and assistance will increase the number of realtime writers.
(2) A description of performance measures to be utilized to
evaluate the progress of individuals receiving such training
and assistance in matters relating to enrollment, completion
of training, and job placement and retention.
(3) A description of the manner in which the eligible
entity will ensure that recipients of scholarships, if any,
funded by the grant will be employed and retained as realtime
writers.
[[Page S4391]]
(4) A description of the manner in which the eligible
entity intends to continue providing the training and
assistance to be funded by the grant after the end of the
grant period, including any partnerships or arrangements
established for that purpose.
(5) A description of how the eligible entity will work with
local workforce investment boards to ensure that training and
assistance to be funded with the grant will further local
workforce goals, including the creation of educational
opportunities for individuals who are from economically
disadvantaged backgrounds or are displaced workers.
(6) Such other information as the Administration may
require.
SEC. 5. USE OF FUNDS.
(a) In General.--An eligible entity receiving a grant under
section 3 shall use the grant amount for purposes relating to
the recruitment, training and assistance, and job placement
of individuals, including individuals who have completed a
court reporting training program, as realtime writers,
including--
(1) recruitment;
(2) subject to subsection (b), the provision of
scholarships;
(3) distance learning;
(4) education and training;
(5) job placement assistance;
(6) encouragement of individuals with disabilities to
pursue a career in realtime writing; and
(7) the employment and payment of personnel for such
purposes.
(b) Scholarships.--
(1) Amount.--The amount of a scholarship under subsection
(a)(2) shall be based on the amount of need of the recipient
of the scholarship for financial assistance, as determined in
accordance with part F of title IV of the Higher Education
Act of 1965 (20 U.S.C. 1087kk).
(2) Agreement.--Each recipient of a scholarship under
subsection (a)(2) shall enter into an agreement with the
National Telecommunications and Information Administration to
provide realtime writing services for a period of time (as
determined by the Administration) that is appropriate (as so
determined) for the amount of the scholarship received.
(3) Coursework and employment.--The Administration shall
establish requirements for coursework and employment for
recipients of scholarships under subsection (a)(2), including
requirements for repayment of scholarship amounts in the
event of failure to meet such requirements for coursework and
employment. Requirements for repayment of scholarship amounts
shall take into account the effect of economic conditions on
the capacity of scholarship recipients to find work as
realtime writers.
(c) Administrative Costs.--The recipient of a grant under
section 3 may not use more than 5 percent of the grant amount
to pay administrative costs associated with activities funded
by the grant.
(d) Supplement Not Supplant.--Grants amounts under this Act
shall supplement and not supplant other Federal or non-
Federal funds of the grant recipient for purposes of
promoting the training and placement of individuals as
realtime writers
SEC. 6. REPORTS.
(a) Annual Reports.--Each eligible entity receiving a grant
under section 3 shall submit to the National
Telecommunications and Information Administration, at the end
of each year of the grant period, a report on the activities
of such entity with respect to the use of grant amounts
during such year.
(b) Report Information.--
(1) In general.--Each report of an entity for a year under
subsection (a) shall include a description of the use of
grant amounts by the entity during such year, including an
assessment by the entity of the effectiveness of activities
carried out using such funds in increasing the number of
realtime writers. The assessment shall utilize the
performance measures submitted by the entity in the
application for the grant under section 4(b).
(2) Final report.--The final report of an entity on a grant
under subsection (a) shall include a description of the best
practices identified by the entity as a result of the grant
for increasing the number of individuals who are trained,
employed, and retained in employment as realtime writers.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this
Act, amounts as follows:
(1) $15,000,000 for each of fiscal years 2003, 2004, and
2005.
(2) Such sums as may be necessary for each of fiscal years
2006 and 2007.
Mr. GRASSLEY. Mr. President, I am pleased to join my colleague from
Iowa, Senator Harkin, in introducing legislation to provide grants for
the training of realtime reporters and captioners. Many Senators may
not be aware of a looming problem related to a shortage of what are
called ``realtime writers.'' Realtime writers are essentially trained
court reporters, much like the official reporters of debates here in
the Senate, who use a combination of additional specialized training
and technology to transform words into text as they are spoken. This
can allow deaf and hard of hearing individuals to understand live
television as well as follow proceedings at a civic function or in a
classroom.
In the Telecommunications Act of 1996, Congress mandated that most
television programming be fully captioned by 2006 in order to allow the
28 million Americans who are deaf or hard of hearing to have access to
the same news and information that many of us take for granted. I know
that most of us were glued to the television on and after September 11
in order to absorb every scrap of information we could about the events
that took place. In order for those who are deaf and hard of hearing to
receive the same information as it is broadcast on live television,
groups of captioners must work around the clock transcribing words as
they are spoken.
As of this year, 2002, the required number of hours of captioned
programming that must be provided by video-programming distributors
increased from 450 to 900. In 2004, this will increase to 1350 hours.
By 2006, 100 percent of new nonexempt programming must be provided with
captions. At the same time, student enrollment in programs that provide
essential training in captioning has decreased significantly, with
programs closing on many campuses. In order to meet the growing demand
for realtime writers caused by this mandate, we must do everything we
can to increase the number of individuals receiving this very
specialized training.
The legislation that Senator Harkin and I are introducing, along with
a number of other senators, will help address the shortage of
individuals trained as realtime writers by providing grants to up to 20
court reporting programs to promote the training and placement of
individuals as realtime writers. Specifically, court reporting programs
could use these grants for items like recruitment of students for
realtime writing programs, need-based scholarships, distance learning,
education and training, job placement assistance, the encouragement of
individuals with disabilities to pursue a career as a realtime writer,
and personnel costs.
The expansion of distance learning opportunities in particular will
have an enormous impact by making training accessible to individuals
who want to become realtime writers but do not live in metropolitan
areas. Also, need based scholarships offered using these grant funds
would be subject to an agreement with the National Telecommunications
and Information Administration to provide realtime writing services for
a period of time.
Unless we act now, the shortage of individuals trained as realtime
writers will only grow more severe. This would leave the 28 million
deaf or hard of hearing Americans without the ability to fully
participate in many of the professional, educational, and civic
activities that other Americans enjoy. I would therefore urge my fellow
Senators to support the swift passage of this legislation.
____________________