[Congressional Record Volume 159, Number 36 (Wednesday, March 13, 2013)]
[Senate]
[Pages S1792-S1793]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HARKIN:
  S. 556. A bill to amend title 49, United States Code, to improve the 
accessibility of entertainment programming provided by air carriers on 
passenger flights, and for other purposes; to the Committee on 
Commerce, Science, and Transportation.
  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. 556

       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 ``Air Carrier Access 
     Amendments Act''.

     SEC. 2. ACCESSIBILITY OF IN-FLIGHT ENTERTAINMENT PROGRAMMING.

       (a) In General.--Subchapter I of chapter 417 of title 49, 
     United States Code, is amended by inserting after section 
     41705 the following:

     ``Sec. 41705a. Accessibility of in-flight entertainment 
       programming

       ``(a) In General.--In providing air transportation, an air 
     carrier, including (subject to section 40105(b)) any foreign 
     air carrier, shall ensure that--
       ``(1) on and after the date that is 180 days after the date 
     of the enactment of the Air Carrier Access Amendments Act, 
     all visually displayed entertainment programming available to 
     passengers on a flight is accessible to individuals with 
     disabilities, including by--
       ``(A) providing, or making available, open captioning for 
     individuals with disabilities, including individuals who are 
     deaf or hard of hearing, when such programming is available 
     to passengers through shared video displays, such as a 
     monitor located in a passenger access aisle;
       ``(B) providing, or making available, closed captioning for 
     individuals with disabilities, including individuals who are 
     deaf or hard of hearing, when such programming is available 
     to passengers through individual video displays; and
       ``(C) providing, or making available, video description for 
     individuals with disabilities, including individuals who are 
     blind or visually impaired, when such programming is 
     available to passengers through individual video displays or 
     shared video displays; and
       ``(2) not later than the effective date of the regulations 
     prescribed under subsection (c)(2), all individual video 
     displays that display entertainment programming or 
     information to passengers on a flight that are operated 
     primarily by using touchscreens or other contact-sensitive 
     controls include a mechanism that allows individuals with 
     disabilities, including individuals who are blind or visually 
     impaired, to independently operate the displays in accordance 
     with the standards prescribed under subsection (c).
       ``(b) Enforcement.--
       ``(1) In general.--The remedies and procedures set forth in 
     section 308(a) of the Americans with Disabilities Act of 1990 
     (42 U.S.C. 12188(a)), including the injunctive relief 
     described in paragraph (2) of that section, shall be 
     available to any person aggrieved by the failure of an air 
     carrier to comply with subsection (a).
       ``(2) Enforcement by attorney general.--The provisions of 
     section 308(b) of the Americans with Disabilities Act of 1990 
     (42 U.S.C. 12188(b)) shall apply with respect to the 
     compliance of air carriers with subsection (a) to the same 
     extent that those provisions apply with respect to the 
     compliance of covered entities with title III of that Act (42 
     U.S.C. 12181 et seq.).
       ``(c) Establishment of Standards for Operation of 
     Individual Video Displays.--
       ``(1) In general.--Not later than 18 months after the date 
     of the enactment of the Air

[[Page S1793]]

     Carrier Access Amendments Act, the Architectural and 
     Transportation Barriers Compliance Board shall, in 
     consultation with the Secretary of Transportation, prescribe 
     standards in accordance with chapter 5 of title 5 (commonly 
     known as the `Administrative Procedure Act') setting forth 
     the minimum technical criteria for individual video displays 
     described in subsection (a)(2) to ensure that such video 
     displays include a mechanism that allows individuals with 
     disabilities to operate the displays independently.
       ``(2) Regulations.--Not later than 180 days after the 
     Architectural and Transportation Barriers Compliance Board 
     issues standards under paragraph (1), the Secretary shall 
     prescribe such regulations as are necessary to implement 
     those standards and shall publish those regulations in an 
     accessible format.
       ``(3) Review and amendment.--The Architectural and 
     Transportation Barriers Compliance Board, in consultation 
     with the Secretary, shall periodically review and, as 
     appropriate, amend the standards prescribed under paragraph 
     (1) in accordance with chapter 5 of title 5. Not later than 
     180 days after the Architectural and Transportation Barriers 
     Compliance Board issues amended standards under this 
     paragraph, the Secretary shall make such revisions to the 
     regulations prescribed under paragraph (2) as are necessary 
     to implement the amended standards.
       ``(d) Definitions.--In this section:
       ``(1) Closed captioning.--The term `closed captioning' 
     means a method, process, or mechanism, which may include a 
     device, that--
       ``(A) allows an individual who is deaf or hard of hearing 
     to have access to the content of visually displayed 
     entertainment programming; and
       ``(B) allows that access by displaying, through an 
     individual device or individually used technology, all of the 
     audio portion of the programming (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 programming.
       ``(2) Individual with a disability.--The term `individual 
     with a disability' means any person who has a disability as 
     defined in section 3 of the Americans with Disabilities Act 
     of 1990 (42 U.S.C. 12102).
       ``(3) Open captioning.--The term `open captioning' means a 
     method, process, or mechanism that--
       ``(A) allows an individual who is deaf or hard of hearing 
     to have access to the content of visually displayed 
     entertainment programming; and
       ``(B) allows that access by openly displaying on the video 
     display on which the programming is displayed all of the 
     audio portion of the programming (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 passengers while the individual and 
     passengers simultaneously watch the programming.
       ``(4) Video description.--The term `video description' 
     means a method, process, or mechanism, including a device, 
     that--
       ``(A) allows an individual who is blind or visually 
     impaired to have access to the key visual elements of 
     visually displayed entertainment programming (such as 
     actions, settings, facial expressions, costumes, and scene 
     changes); and
       ``(B) allows that access through the provision of 
     contemporaneous audio narrated descriptions of those elements 
     during the natural pauses in the audio portion of the 
     programming, or during the audio portion if necessary.
       ``(5) Visually displayed entertainment programming.--The 
     term `visually displayed entertainment programming' means 
     live televised events, recorded programming (including 
     television programs), or motion pictures that are available 
     to passengers, for a fee or without cost, on a flight in air 
     transportation.''.
       (b) Clerical Amendment.--The analysis for chapter 417 of 
     title 49, United States Code, is amended by inserting after 
     the item relating to section 41705 the following:

       ``41705a. Accessibility of in-flight entertainment 
           programming.''.

           

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