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MAY 7 1992

The Honorable Lee H. Hamilton


U.S. House of Representatives
2187 Rayburn Building
Washington, D.C. 20515

Dear Congressman Hamilton:

This letter responds to your correspondence to the Federal


Communications Commission regarding an inquiry by your
constituent, (b)(6) concerning the obligations of movie
theatres under title III of the Americans with Disabilities Act
of 1990 (ADA), Pub. L. 101-336.

Please be advised that the ADA is not intended to require


film makers or movie theatres to provide subtitles for English
language movies, according to the committee reports of the Senate
Committee on Labor and Human Resources (Report 101-116 at 64) and
of the House Committee on Education and Labor (Report 101-485,
Part 2, at 108) (enclosed).

I hope that you find this information useful in responding


to your constituent.

Sincerely,

John R. Dunne
Assistant Attorney General
Civil Rights Division
Enclosures (2)

cc: Records, CRS, Wodatch, Beard, McDowney:dhj T. 4/22/92


udd:Beard:C.302xx.Hamilton DJ 192-180-05296
01-00730​
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554

March 26, 1992

U.S. Department of Justice


Office of Legislative Affairs
10th & Constitution Avenue N.W.
Washington, D. C. 20530
Attn: Carol Crawford
Assistant Attorney General

Dear Ms. Crawford:

Enclosed is a letter from the Office of Congressman Lee H. Hamilton on behalf


of his constituent, (b)(6). (b)(6) concern does not fall
under the jurisdiction of the Federal Communications Commission.
I believe that your office can more appropriately respond to this inquiry than
the FCC. Please reply to Capitol Hill office at the address indicated below.

Sincerely,

Ora Lou Sizemore


Congressional Liaison Specialist
Office of Legislative Affairs

Enclosure

cc: Honorable Lee H. Hamilton


House of Representatives
2187 Rayburn House Office Building
Washington, D.C. 20515
Attn: Marianne Buckley
01-00731​
TO:D.C.
FROM:PHIL
DA:2-10-92
(b)(6)

QUESTION REGARDING "THE AMERICANS WITH DISABILITIES ACT."


PAGE 10,SECOND Q & A
CONCERNING HEARING. IS IT POSSIBLE TO REQUIRE MOVIE THEATRES
TO PROVIDE
SUBTITLES FOR ENGLISH SPEAKING MOVIES UNDER THIS ACT.
01-00732​
Calendar No. 216
101ST CONGRESS SENATE REPORT
1st Session 101-116

THE AMERICANS WITH DISABILITIES ACT OF 1989


AUGUST 30, 1989.---Ordered to be printed

Filed under authority of the order of the Senate of August 2 (legislative day,
January 3), 1989

Mr. KENNEDY, from the Committee on Labor and Human


Resources, submitted the following

REPORT
together with
ADDITIONAL VIEWS
[To accompany S. 933]

The Committee on Labor and Human Resources, to which was


referred the bill (S. 933) to establish a clear and comprehensive
prohibition of discrimination on the basis of disability, having con-
sidered the same, reports favorably thereon with an amendment
and recommends that the bill as amended do pass.

CONTENTS
Page
I. Introduction................................................ 1
II. Summary of the legislation.................................. 2
III. Hearings.................................................... 4
IV. Need for the legislation.................................... 5
V. Summary of committee action.................................21
VI. Explanation of the legislation..............................21
VII. Regulatory impact...........................................88
VIII. Cost estimate...............................................90
IX. Changes in existing law.....................................95

I. INTRODUCTION
On August 2, 1989, the Committee on Labor and Human Re-
sources, by a vote of 16-0, ordered favorably reported S. 933, the
21-174
01-00733​
64
who uses a wheelchair can reach all the books. Rather, a salesper-
son can tell the blind person how much an item costs, make a spe-
cial order of brailled books, and reach the books that are out of the
reach of the person who uses a wheelchair.
The legislation specifies that auxiliary aids and services includes
qualified interpreters or other effective methods of making aurally
delivered materials available to individuals with hearing impair-
ments. Other effective methods may include: telephone handset
amplifiers, telephones compatible with hearing aids, telecommuni-
cation devices for the deaf, closed captions, and decoders.
For example, it would be appropriate for regulations issued by
the Attorney General to require hotels of a certain size to have de-
coders for closed captions available or, where televisions are cen-
trally controlled by the hotel, to have a master decoder.
It is also the Committee's expectation that regulations issued by
the Attorney General will include guidelines as to when public ac-
commodations are required to make available portable telecom-
munication devices for the deaf. In this regard, it is the Commit-
tee's intent that hotels and other similar establishments that offer
nondisabled individuals the opportunity to make outgoing calls, on
more than an incidental convenience basis, to provide a similar op-
portunity for hearing impaired customers and customers with com-
munication disorders to make such outgoing calls by making avail-
able a portable telecommunication device for the deaf.
It is not the Committee's intent that individual retail stores, doc-
tors' offices, restaurants or similar establishments must have tele-
communications devices for the deaf since people with hearing im-
pairments will be able to make inquiries, appointments, or reserva-
tions with such establishments through the relay system estab-
lished pursuant to title IV of the legislation, and the presence of a
public telephone in these types of establishments for outgoing calls
is incidental.
Open-captioning, for example, of feature films playing in movie
theaters, is not required by this legislation. Filmmakers are, how-
ever, encouraged to produce and distribute open-captioned versions
of films and theaters are encouraged to have at least some prean-
nounced screenings of a captioned version of feature films.
Places of public accommodations that provide film and slide
shows to impart information are required to make such informa-
tion accessible to people with disabilities.
The legislation also specifies that auxiliary aids and services in-
cludes qualified readers, taped texts, or other effective methods of
making visually delivered materials available to individuals with
visual impairments. Additional examples of effective methods of
making visually delivered materials available include: audio re-
cordings and the provision of brailled and large print materials.
The legislation specifies that auxiliary aids and services includes
the acquisition or modification of equipment or devices. For exam-
ple, a museum that provides audio cassettes and cassette players
for an audio-guided tour of the museum may need to add brailled
adhesive labels to the buttons on a select number of the tape-play-
ers so that they can be operated by a blind person.
The Committee wishes to make it clear that technological ad-
vances can be expected to further enhance options for making
01-00734​
101ST CONGRESS REPT. 101-485
2d Session HOUSE OF REPRESENTATIVES Part 2

AMERICANS WITH DISABILITIES ACT OF 1990

May 15, 1990.-Ordered to be printed

Mr. Hawkins, from the Committee on Education and Labor,


submitted the following

REPORT
together with
MINORITY VIEWS

[To accompany H.R. 2273 which on May 9, 1989, was referred jointly to the
Comm-ittee on Education and labor, the Committee on Energy and Commerce, the
Com-mittee on Public Works and Transportation, and the Committee on the
Judiciary]
[Including cost estimate of the Congressional Budget Office]
The Committee on Education and Labor, to whom was referred
the bill (H.R. 2273) to establish a clear and comprehensive prohibi-
tion of discrimination on the basis of disability, having considered
the same, report favorably thereon with an amendment and recom-
mend that the bill as amended do pass.

The amendment is as follows:


Strike out all after the enacting clause and insert in lieu thereof
the following:
SECTION 1: SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.--This Act may be cited as the "Americans with


Disabilities Act
of 1989".

(b) TABLE OF CONTENTS.--The table of contents is as follows:


Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
TITLE I--EMPLOYMENT
Sec. 101. Definitions.
Sec. 102. Discrimination.
Sec. 103. Defenses.
Sec. 104. Illegal drugs and alcohol.
Sec. 105. Posting notices.
Sec. 106. Regulations.
Sec. 107. Enforcement.
Sec. 108. Effective date.
29-939
29-939 0 - 90 - 1
01-00735​ 108
public telephone in these types of establishments for outgoing calls
is incidental.
Open-captioning, for example, of feature films playing in movie
theaters, is not required by this legislation. Filmmakers, are, how-
ever, encouraged to produce and distribute open-captioned versions
of films, and theaters are encouraged to have at least some pre-an-
nounced screenings of a captioned version of feature films.
Places of public accommodations that provide films and slide
shows to impart information are required to make such informa-
tion accessible to people with disabilities.
The legislation also specifies that auxiliary aids and services in-
clude qualified readers, taped texts, or other effective methods of
making visually delivered materials available to individuals with
visual impairments. Additional examples of effective methods of
making visually delivered materials available include audio record-
ings and the provision of brailled and large print materials.
The legislation specifies that auxiliary aids and services include
the acquisition or modification of equipment or devices. For exam-
ple, a museum that provides audio cassettes and cassette players
for an audio-quided tour of the museum may need to add brailled
adhesive labels to the buttons on a select number of the tape-play-
ers so that they can be operated by a blind person.
The Committee wishes to make it clear that technological ad-
vances can be expected to further enhance options for making
meaningful and effective opportunities available to individuals
with disabilities. Such advances may require public accommoda-
tions to provide auxiliary aids and services in the future which
today would not be required because they would be held to impose
undue burdens on such entities.
Indeed, the Committee intends that the types of accommodation
and services provided to individuals with disabilities, under all of
the titles of this bill, should keep pace with the rapidly changing
technology of the times. This is a period of tremendous change and
growth involving technology assistance and the Committee wishes
to encourage this process. (See, for example, the enactment in 1988
of P.L. 100-407, the Technology Related Assistance for Individuals
with Disabilities Act). Information exchange is one of the areas
where there are still substantial barriers, but where great strides
are being made. Access to time sensitive print information, wheth-
er in the press or in government documents (such as notices of
grants and contracts in the Federal Register or the Commerce
Daily) is one of the cornerstones of our free society and of equal
opportunity and access. It is not coincidental that access to infor-
mation was the first guarantee extended by the Bill of Rights.
For these reasons, the Committee expects the Federal agencies
charged with the implementation of this Act to take special inter-
est in being aware of the possibilities relating to information dis-
semination and to make special efforts to share this information
through technical assistance programs. Programs such as the
Newspapers for the Blind Program in Flint, Michigan, a program
which has been nationally recognized and is in the process of being
emulated, provide an excellent example of what can be done in this
area.
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