[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.

                          ____________________