S.555 - CINEMA Act113th Congress (2013-2014)
Text: S.555 — 113th Congress (2013-2014)
There is one version of the bill.
Shown Here:
Introduced in Senate (03/13/2013)
[Congressional Bills 113th Congress]
[From the U.S. Government Printing Office]
[S. 555 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 555
To amend the Americans with Disabilities Act of 1990 to require
captioning and video description at certain movie theaters.
_______________________________________________________________________
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.
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.