,,ii #aacth ,,congress #ast ,session ,s4 #eef ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ac1 #bjac ,mr4 ,harkin introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to amend title #di1 ,united ,states ,code1 to improve the accessibility of entertainment programming provided by air carriers on passenger flights1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,air ,carrier ,access ,amendments ,act4 #b4 ,accessibility of in-flight entertainment programming 7a7 ,in general ,subchapter ,i of chapter #dag of title #di1 ,united ,states ,code1 is amended by inserting after section #dagje the following3 #dagje;a4 ,accessibility of in-flight entertainment programming 7a7 ,in general ,in providing air transportation1 an air carrier1 including 7subject to section #djaje7;b77 any foreign air carrier1 shall ensure that-- 7#a7 on and after the date that is #ahj days after the date of the enactment of the ,air ,carrier ,access ,amendments ,act1 all visually displayed entertainment programming available to passengers on a flight is accessible to individuals with disabilities1 including by-- 7,a7 providing1 or making available1 open captioning for individuals with disabilities1 including individuals who are deaf or hard of hearing1 when such programming is available to passengers through shared video displays1 such as a monitor located in a passenger access aisle2 7,b7 providing1 or making available1 closed captioning for individuals with disabilities1 including individuals who are deaf or hard of hearing1 when such programming is available to passengers through individual video displays2 and 7,c7 providing1 or making available1 video description for individuals with disabilities1 including individuals who are blind or visually impaired1 when such programming is available to passengers through individual video displays or shared video displays2 and 7#b7 not later than the effective date of the regulations prescribed under subsection 7c77#b71 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 disabilities1 including individuals who are blind or visually impaired1 to independently operate the displays in accordance with the standards prescribed under subsection 7c74 7b7 ,enforcement 7#a7 ,in general ,the remedies and procedures set forth in section #cjh7;a7 of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abahh7;a771 including the injunctive relief described in paragraph 7#b7 of that section1 shall be available to any person aggrieved by the failure of an air carrier to comply with subsection 7a74 7#b7 ,enforcement by ,attorney ,general ,the provisions of section #cjh7;b7 of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abahh7;b77 shall apply with respect to the compliance of air carriers with subsection 7a7 to the same extent that those provisions apply with respect to the compliance of covered entities with title ,,iii of that ,act 7#db ,u4,s4,c4 #abaha et seq474 7c7 ,establishment of standards for operation of individual video displays 7#a7 ,in general ,not later than #ah months after the date of the enactment of the ,air ,carrier ,access ,amendments ,act1 the ,architectural and ,transportation ,barriers ,compliance ,board shall1 in consultation with the ,secretary of ,transportation1 prescribe standards in accordance with chapter #e of title #e 7commonly known as the ,administrative ,procedure ,act7 setting forth the minimum technical criteria for individual video displays described in subsection 7a77#b7 to ensure that such video displays include a mechanism that allows individuals with disabilities to operate the displays independently4 7#b7 ,regulations ,not later than #ahj days after the ,architectural and ,transportation ,barriers ,compliance ,board issues standards under paragraph 7#a71 the ,secretary shall prescribe such regulations as are necessary to implement those standards and shall publish those regulations in an accessible format4 7#c7 ,review and amendment ,the ,architectural and ,transportation ,barriers ,compliance ,board1 in consultation with the ,secretary1 shall periodically review and1 as appropriate1 amend the standards prescribed under paragraph 7#a7 in accordance with chapter #e of title #e4 ,not later than #ahj days after the ,architectural and ,transportation ,barriers ,compliance ,board issues amended standards under this paragraph1 the ,secretary shall make such revisions to the regulations prescribed under paragraph 7#b7 as are necessary to implement the amended standards4 7d7 ,definitions ,in this section3 7#a7 ,closed captioning ,the term closed captioning means a method1 process1 or mechanism1 which may include a device1 that-- 7,a7 allows an individual who is deaf or hard of hearing to have access to the content of visually displayed entertainment programming2 and 7,b7 allows that access by displaying1 through an individual device or individually used technology1 all of the audio portion of the programming 7including displaying the dialogue and any narration1 as well as descriptions of on- and off-screen sounds such as sound effects1 music1 or lyrics for music1 and information identifying the character who is speaking7 as text that can be effectively viewed and controlled by that individual while the individual simultaneously watches the programming4 7#b7 ,individual with a disability ,the term individual with a disability means any person who has a disability as defined in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb74 7#c7 ,open captioning ,the term open captioning means a method1 process1 or mechanism that-- 7,a7 allows an individual who is deaf or hard of hearing to have access to the content of visually displayed entertainment programming2 and 7,b7 allows that access by openly displaying on the video display on which the programming is displayed all of the audio portion of the programming 7including displaying the dialogue and any narration1 as well as descriptions of on- and off-screen sounds such as sound effects1 music1 or lyrics for music1 and information identifying the character who is speaking7 as text that can be effectively viewed by that individual and other passengers while the individual and passengers simultaneously watch the programming4 7#d7 ,video description ,the term video description means a method1 process1 or mechanism1 including a device1 that-- 7,a7 allows an individual who is blind or visually impaired to have access to the key visual elements of visually displayed entertainment programming 7such as actions1 settings1 facial expressions1 costumes1 and scene changes72 and 7,b7 allows that access through the provision of contemporaneous audio narrated descriptions of those elements during the natural pauses in the audio portion of the programming1 or during the audio portion if necessary4 7#e7 ,visually displayed entertainment programming ,the term visually displayed entertainment programming means live televised events1 recorded programming 7including television programs71 or motion pictures that are available to passengers1 for a fee or without cost1 on a flight in air transportation4 4 7b7 ,clerical amendment ,the analysis for chapter #dag of title #di1 ,united ,states ,code1 is amended by inserting after the item relating to section #dagje the following3 #dagje;a4 ,accessibility of in-flight entertainment programming4 4