[Congressional Record Volume 149, Number 32 (Thursday, February 27, 2003)]
[Senate]
[Pages S2938-S2940]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HARKIN (for himself, Mr. Grassley, Mr. Kennedy, Mr. 
        Cochran, Mrs. Lincoln, Mr. Kerry, Mr. Bingaman, Mr. Dodd, Mr. 
        Baucus, and Mr. edwards):
  S. 480. A bill to provide competitive 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 2003, on behalf of myself and my 
colleagues, Senators Grassley, Kennedy, Cochran, Lincoln, Kerry, 
Bingaman, Dodd, and Baucus. The 1996 Telecom Act required that all 
television broadcasts were to be captioned by 2006. This was a much 
needed reform that has helped millions of deaf and hard-of-hearing 
Americans to be able to take full advantage of television programing. 
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 
requires 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 was a perfect example of the need for captioners. Holli 
Miller of Ankeny, IA, was captioning for Fox News. She was supposed to 
do her three and a half hour shift ending at 8:00 a.m. but as we all 
know, disaster 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 and continued 
to caption. 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 personnally say thank you 
to Holli Miller and all the many captioners and other people across the 
country that made sure all Americans were alert and informed on that 
tragic 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 the legislation. 
The audience for captioning also includes individuals seeking to 
acquire or improve literacy skills, including approximately 27 million 
functionally illiterate adults, 3 to 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 continues to rise. That is why my colleagues and 
I are introducing this vital piece of legislation. The Training for 
Realtime Writers Act of 2003 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. 480

       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 2003''.

     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 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) Empirical research demonstrates that captions improve 
     the performance of individuals learning to read English and, 
     according to numerous Federal agency statistics, could 
     benefit--
       (A) 3,700,000 remedial readers;
       (B) 12,000,000 young children learning to read;
       (C) 27,000,000 illiterate adults; and
       (D) 30,000,000 people for whom English is a second 
     language.
       (7) 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 competitive grants to 
     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--
       (1) can document and demonstrate to the Secretary of 
     Commerce that it meets minimum standards of educational and 
     financial accountability, with a curriculum capable of 
     training realtime writers qualified to provide captioning 
     services;

[[Page S2939]]

       (2) is accredited by an accrediting agency recognized by 
     the Department of Education; and
       (3) is participating in student aid programs under title IV 
     of the Higher Education Act of 1965.
       (c) Priority in Grants.--In determining whether to make 
     grants under this section, the Secretary of Commerce shall 
     give a priority to eligible entities that, as determined by 
     the Secretary of Commerce--
       (1) possess the most substantial capability to increase 
     their capacity to train realtime writers;
       (2) demonstrate the most promising collaboration with local 
     educational institutions, businesses, labor organizations, or 
     other community groups having the potential to train or 
     provide job placement assistance to realtime writers; or
       (3) propose the most promising and innovative approaches 
     for initiating or expanding training and job placement 
     assistance efforts with respect to realtime writers.
       (d) Duration of Grant.--A grant under this section shall be 
     for a period of two years.
       (e) Maximum Amount of Grant.--The amount of a grant 
     provided under subsection (a) to an entity eligible may not 
     exceed $1,500,000 for the two-year period of the grant under 
     subsection (d).

     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.
       (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) Additional information, if any, of the eligibility of 
     the eligible entity for priority in the making of grants 
     under section 3(c).
       (7) 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) development of curriculum to more effectively train 
     realtime writing skills, and education in the knowledge 
     necessary for the delivery of high-quality closed captioning 
     services;
       (5) assistance in job placement for upcoming and recent 
     graduates with all types of captioning employers;
       (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) $20,000,000 for each of fiscal years 2004, 2005, and 
     2006.
       (2) Such sums as may be necessary for fiscal year 2007.

  Mr. GRASSLEY. Mr. President, I am pleased to once again be the lead 
Republican cosponsor of the ``Training for Realtime Writers Act''. This 
legislation that Senator Harkin and I are introducing today will 
provide grants for the training of realtime reporters and captioners. 
While we ran out of time to address this matter in the 107th Congress, 
I would remind Senators of the 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 had of hearing to have access to 
the same news and information that many of us take for granted. 
Information provides a vital link to the outside world. Americans 
receive a large amount of their information about what is happening in 
the world and right in their communities from television. Whether it is 
an international crisis or a weather warning, information is necessary 
to fully participate in our society. 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 captions must work around the clock 
transcribing words as they are spoken.
  Currently, video-programming distributers must provide an average of 
at least 900 hours of captioned programming. Starting in 2005, 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.
  Our bill will help address the shortage of individuals trained as 
realtime writers by providing grants to accredited court reporting 
programs to promote the training and placement of individuals as 
realtime writers. Specifically, court reporting programs could use 
these grants for item 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.

[[Page S2940]]

  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 grants funds 
would be subject to an agreement with the National Telecommunications 
and Information Administration to provide realtime writing services for 
a period of time.
  We must act quickly because the shortage of individuals trained as 
realtime writers will only grow more severe as the captioning mandate 
in the 1996 Telecommunications Act continues to take effect. Failure to 
act could 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. Congress 
was not able to complete work on this urgent matter before the end of 
the 107th Congress, so we must redouble our efforts. I would urge all 
senators to support the swift passage of this legislation.
                                 ______