[Congressional Record Volume 159, Number 36 (Wednesday, March 13, 2013)]
[Senate]
[Pages S1791-S1792]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HARKIN:
  S. 555. A bill to amend the Americans with Disabilities Act of 1990 
to require captioning and video description at certain movie theaters; 
to the Committee on Health, Education, Labor, and Pensions.
  Mr. HARKIN. Mr. President, today marks the 25th anniversary of the 
appointment of Gallaudet University's first Deaf president, Dr. I. King 
Jordan. This historic appointment, the product of the ``Deaf President 
Now'' student protests, was truly a catalyzing moment--a moment to 
establish dignity--for the Deaf community. As President Jordan stated 
in his acceptance speech, the Deaf community would ``no longer accept 
limits on what we can achieve.''
  Deaf President Now was significant not only for the Deaf community, 
but it also showed other Americans what Deaf individuals are capable 
of. We saw the rights of the Deaf community brought to the forefront. 
And the Deaf President Now movement, with the active involvement of the 
Deaf community, helped lead to passage of the Americans with 
Disabilities Act 2 years later, in 1990.
  The Americans with Disabilities Act is one of the landmark civil 
rights laws of the 20th century--a long-overdue emancipation 
proclamation for Americans with disabilities. The ADA has played a huge 
role in making our country more accessible, in raising the expectations 
of people with disabilities about what they can hope to achieve at work 
and in life, and in inspiring all of us to view disability issues 
through the lens of equality and opportunity.
  Before the ADA, life was very different for folks with disabilities. 
Being an American with a disability meant not being able to ride on a 
bus because there was no lift, not being able to attend a concert or 
ballgame because there was no accessible seating, and not being able to 
cross the street in a wheelchair because there were no curb cuts. In 
short, it meant not being able to work or participate in community 
life. Discrimination was both commonplace and accepted.
  Since then, we have seen amazing progress. The ADA literally 
transformed the American landscape by requiring that architectural 
barriers be removed and replaced with accessible features such as 
ramps, lifts, curb cuts, widening doorways, and closed captioning. More 
importantly, the ADA gave millions of Americans the opportunity to 
participate in their communities. We have made substantial progress in 
advancing the four goals of the ADA--equality of opportunity, full 
participation, independent living, and economic self-sufficiency.
  But despite this progress, we still have more work to do. Although 
most television and home videos contain captioning for individuals who 
are deaf or hard of hearing--or the rest of us--most movie theaters do 
not. Thus millions of Americans who are deaf or hard of hearing are not 
able to attend a movie with their families or friends, at a time and 
location that they want, simply because captioning is not available. 
The same is true for individuals who are blind or visually impaired; 
most movie theaters do not provide access to video description 
technology, which would allow these individuals to have access to the 
key elements of a motion picture by contemporaneous audio narrated 
descriptions during the natural pauses in the audio portion of the 
programming, usually through headphones.
  A similar problem occurs in airplanes, with respect to in-flight 
entertainment. Many airlines are now providing in-flight entertainment 
for their passengers--but individuals who are deaf or hard of hearing 
cannot access it, because the overwhelming majority of this programming 
does not have captioning. Individuals who are blind or visually 
impaired are similarly excluded, since video description is not 
provided for such programming either.
  So we have a situation where an individual, in his own home, can 
usually access captioning or similar technology on his television when 
watching live television, or a television show, or a movie. Such 
captioning is often available in other venues, such as restaurants and 
sports bars. I do not believe that it would be difficult to provide the 
same technology access for individuals with disabilities in movie 
theaters or on airplanes. This would allow these Americans with 
disabilities

[[Page S1792]]

to have the same access as everyone else.
  Today I am introducing two bills. These bills will allow Americans 
with visual or hearing impairments to enjoy going to the movies and 
watching in-flight entertainment, through captioning and video 
description, just as they can at home.
  The first S. 555, entitled the Captioning and Image Narration to 
Enhance Movie Accessibility, CINEMA, Act, would amend Title III of the 
ADA to require movie theater complexes of two or more theaters to make 
captioning and video description available for all films at all 
showings.
  The second, S. 556, entitled the Air Carrier Access Amendments Act, 
would require air carriers to make captioning and video description 
available for visually-displayed entertainment programming--live 
televised events, recorded programming, and motion pictures--that is 
available in-flight for passengers. In instances where the programming 
is only available through the use of an individual touchscreen or other 
contact-sensitive controls, the bill would authorize the U.S. Access 
Board to develop accessibility standards so that individuals with 
disabilities can operate the displays independently.
  I look forward to working with my fellow members to pass these two 
bills and ensure that individuals who are deaf or hard of hearing, or 
who are blind or visually impaired, can have the same access to movies 
and in-flight entertainment as other Americans.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 555

       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 ``Captioning and Image 
     Narration to Enhance Movie Accessibility Act'' or the 
     ``CINEMA Act''.

     SEC. 2. MOVIE THEATER ACCESSIBILITY.

       Section 302(b) of the Americans with Disabilities Act of 
     1990 (42 U.S.C. 12182(b)) is amended--
       (1) by redesignating paragraph (3) as paragraph (4); and
       (2) by inserting after paragraph (2) the following:
       ``(3) Movie theater accessibility.--
       ``(A) Definitions.--In this paragraph:
       ``(i) Closed captioning.--The term `closed captioning' 
     means a method, process, or mechanism, which may include a 
     device, that--

       ``(I) allows an individual who is deaf or hard of hearing 
     to have access to the content of a motion picture; and
       ``(II) allows that access by displaying, through an 
     individual device or individually used technology, all of the 
     audio portion of the motion picture (including displaying the 
     dialogue and any narration, as well as descriptions of on- 
     and off-screen sounds such as sound effects, music, or lyrics 
     for music, and information identifying the character who is 
     speaking) as text that can be effectively viewed and 
     controlled by that individual while the individual 
     simultaneously watches the motion picture.

       ``(ii) Covered entity.--The term `covered entity' means an 
     entity--

       ``(I) that operates a complex of 2 or more movie theaters, 
     screening rooms, or similar venues, at a single location, 
     that are used for the exhibition of copyrighted motion 
     pictures, if such exhibition is open to the public; and
       ``(II) whose operations affect commerce.

       ``(iii) Open captioning.--The term `open captioning' means 
     a method, process, or mechanism that--

       ``(I) allows an individual who is deaf or hard of hearing 
     to have access to the content of a motion picture; and
       ``(II) allows that access by openly displaying on the movie 
     screen involved all of the audio portion of the motion 
     picture (including displaying the dialogue and any narration, 
     as well as descriptions of on- and off-screen sounds such as 
     sound effects, music, or lyrics for music, and information 
     identifying the character who is speaking) as text that can 
     be effectively viewed by that individual and other members of 
     the audience while the individual and members simultaneously 
     watch the motion picture.

       ``(iv) Video description.--The term `video description' 
     means a method, process, or mechanism, including a device, 
     that--

       ``(I) allows an individual who is blind or visually 
     impaired to have access to the key visual elements of a 
     motion picture (such as actions, settings, facial 
     expressions, costumes, and scene changes); and
       ``(II) allows that access through the provision of 
     contemporaneous audio narrated descriptions of those elements 
     during the natural pauses in the audio portion of the motion 
     picture, or during the audio portion if necessary.

       ``(B) Accessibility.--It shall be discriminatory for any 
     person who owns, leases (or leases to), or operates a covered 
     entity to fail to ensure that all motion pictures shown at 
     the complex involved are accessible to individuals with 
     disabilities, including--
       ``(i) providing, or making available, open captioning for 
     individuals with disabilities, including individuals who are 
     deaf or hard of hearing;
       ``(ii) providing, or making available, closed captioning 
     for individuals with disabilities, including individuals who 
     are deaf or hard of hearing; and
       ``(iii) providing, or making available, video description 
     for individuals with disabilities, including individuals who 
     are blind or visually impaired.
       ``(C) Rule of construction.--Nothing in this Act shall be 
     construed to limit or prohibit an individual with a 
     disability from utilizing technology in connection with a 
     personal device in a manner that may provide the individual 
     with access to closed captioning, open captioning, or video 
     description that is equivalent to or greater than the 
     corresponding access required under subparagraph (B).''.

     SEC. 3. CONFORMING AMENDMENT.

       Section 308(a)(2) of the Americans with Disabilities Act of 
     1990 (42 U.S.C. 12188(a)(2)) is amended by striking ``and 
     section 303(a)'' and inserting ``, 302(b)(3), and 303(a)''.

     SEC. 4. EFFECTIVE DATE.

       This Act takes effect 1 year after the date of enactment of 
     this Act.
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