[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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