[Congressional Record Volume 151, Number 9 (Wednesday, February 2, 2005)]
[Senate]
[Pages S900-S902]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HARKIN (for himself, Mrs. Clinton, Mr. Cochran, Mr. Kohl, 
        Mr. Lautenberg, Mr. Leahy, Mr. Lugar, Mr. Rockefeller, and Mr. 
        Wyden):
  S. 268. 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 2005, on behalf of myself and my 
colleagues, Senators Clinton, Cochran, Kohl, Lautenberg, Leahy, Lugar, 
Rockefeller, and Wyden.
  The 1996 Telecom Act required that all television broadcasts were to 
be captioned by 2006 and all Spanish language programming was to be 
captioned by 2010. 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 programming. Sadly, we have yet to meet that 
demand. It has been estimated that 3,000 captioners are needed to 
fulfill the 2006 mandate, and that number continues to increase as more 
and more broadband stations come online. Unfortunately, the United 
States has fallen behind in training these individuals. We must jump 
start training programs to get students in the pipeline and begin to 
address the need for Spanish language broadcasting.
  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.
  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. I see people using closed captioning 
to stay informed everywhere--from the gym to the airport. Here in the 
Senate, I would wager that many individuals on our staff have the 
captioning turned on right now to follow what is happening on the 
Senate floor while they go about conducting the meetings and phone 
calls that advance legislation. Captioning helps people educate 
themselves and helps all of us stay informed and entertained when audio 
isn't the most appropriate medium.
  Although the 2006 deadline is only 23 months away, our nation is 
facing a serious shortage of captioners. Over the past decade, student 
enrollment in programs that train court reporters to become realtime 
writers has decreased by 50 percent causing such programs to close on 
many campuses. Yet the need for these skills continues to rise. In 
fact, the rate of job placement upon graduation nears 100 percent. In 
addition, the majority of closed captioners are independent 
contractors. They are the small businesses that run the American 
economy and we should do everything we can to promote the creation and 
support of those businesses.

[[Page S901]]

  That is why my colleagues and I are introducing this vital piece of 
legislation. The Training for Realtime Writers Act of 2005 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.
  The Senate Commerce Committee reported this bill unanimously last 
session, the full Senate has passed this Act without objection twice 
now, and we stand here today, once again at the beginning of the 
process. I ask my colleagues to join us once again in support of this 
legislation and join us in our effort to win its passage into law. 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. 268

       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 2005'.

     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 in English by 2006 and 
     Spanish by 2010.
       (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 decade, student enrollment in programs 
     that train realtime writers and closed captioners has 
     decreased by 50%, even though job placement upon graduation 
     is 100%.

     SEC. 3. AUTHORIZATION OF GRANT PROGRAM TO PROMOTE TRAINING 
                   AND JOB PLACEMENT OF REAL TIME 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) Eligiible 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;
       (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) further develop and implement both English and Spanish 
     curriculum to more effectively train realtime writing skills, 
     and education in the knowledge necessary for the delivery of 
     high-quality closed captioning services;
       (5) mentor students to ensure successful completion of the 
     realtime training and provide assistance in job placement;
       (6) encourage 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.--Grant 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

[[Page S902]]

     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 2006, 2007, and 
     2008.
       (2) Such sums as may be necessary for fiscal year 2009.
                                 ______