[Congressional Record (Bound Edition), Volume 151 (2005), Part 11]
[Senate]
[Pages 15332-15333]
[From the U.S. Government Publishing Office, www.gpo.gov]




               TRAINING FOR REALTIME WRITERS ACT OF 2005

  Mr. McCONNELL. Mr. President, I ask unanimous consent the Senate 
proceed to the immediate consideration of Calendar No. 142, S. 268.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 268) 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.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Commerce, Science, and 
Transportation, with amendments, as follows:
  [Strike the parts shown in black brackets and insert the parts shown 
in italic.]

                                 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] 713 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 percent, even though job placement upon 
     graduation is 100 percent.

     SEC. 3. AUTHORIZATION OF GRANT PROGRAM TO PROMOTE TRAINING 
                   AND JOB PLACEMENT OF REALTIME WRITERS.

       (a) In General.--The [National Telecommunications and 
     Information Administration] Secretary of Commerce 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] 713 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;
       (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] Secretary 
     of Commerce at such time and in such manner as the 
     [Administration] Secretary 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 detemined in 
     accordance with part F of title IV of the Higher Education 
     Act of 1965 (20 U.S.C. 1087kk).

[[Page 15333]]

       (2) Agreement.--Each recipient of a scholarship under 
     subsection (a)(2) shall enter into an agreement with the 
     [National Telecommunications and Information Administration] 
     Secretary of Commerce to provide realtime writing services 
     for a period of time (as determined by the [Administration)] 
     Secretary) that is appropriate (as so determined) for the 
     amount of the scholarship received.
       (3) Coursework and employment.--The [Administration 
     Secretary 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.] employment or other material 
     terms under subsection (b)(2). 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. The Secretary shall use no more than 5 percent 
     of the amount available for grants under this Act in any 
     fiscal year for administrative costs of the program.
       (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,] Secretary 
     of Commerce, 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.
       (c) Annual Review.--The Inspector General of the Department 
     of Commerce shall conduct an annual review of the management, 
     efficiency, and effectiveness of the grants made under this 
     Act.

     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.]
       There are authorized to be appropriated to the Secretary of 
     Commerce to carry out this Act $20,000,000 for each of fiscal 
     years 2006, 2007, 2008, and 2009.

     SEC. 8. SUNSET.

       This Act is repealed effective October 1, 2009.

  Mr. McCONNELL. I ask unanimous consent the committee amendments be 
agreed to, the bill, as amended, be read a third time and passed, the 
motion to reconsider be laid on the table, and any statements be 
printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendments were agreed to.
  The bill (S. 268) was read the third time and passed.

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