S. 555 — Introduced in Senate

II 113th CONGRESS 1st Session S. 555 IN THE SENATE OF THE UNITED STATES March 13, 2013 Mr. Harkin introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Americans with Disabilities Act of 1990 to require captioning and video description at certain movie theaters. 1. Short title This Act may be cited as the Captioning and Image Narration to Enhance Movie Accessibility Act or the CINEMA Act. 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). . 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). 4. Effective date This Act takes effect 1 year after the date of enactment of this Act.