[Congressional Record Volume 153, Number 148 (Tuesday, October 2, 2007)]
[Senate]
[Pages S12435-S12441]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. KOHL:
  S. 2125. A bill to improve public awareness in the United States 
among older individuals and their families and caregivers about the 
impending Digital Television Transition through the establishment of a 
Federal interagency taskforce between the Federal Communications 
Commission, the Administration on Aging, the National 
Telecommunications and Information Administration, and the outside 
advice of appropriate members of the aging network and industry groups; 
to the Committee on Commerce, Science, and Transportation.
  Mr. KOHL. Mr. President, I rise today to introduce the Preparing 
America's Seniors for the Digital Television Transition Act of 2007. 
Seniors are particularly vulnerable to slipping through the cracks of 
the digital television transition. Not only are they more likely to 
rely on free over-the-air analog TV, but for many seniors television is 
their only link to the outside world. Yet the majority of the public 
remains unaware of the impending digital television transition. 
Millions of Americans may turn on their TVs on February 18, 2009, only 
to find themselves left in the dark without access to critical weather 
updates, emergency alerts, news or entertainment programming. In my 
home state of Wisconsin alone, over half a million households rely on 
free over-the-air TV.
  As Chairman of the Special Committee on Aging, I recently held a 
hearing entitled, ``Preparing for the Digital Television Transition: 
Will Seniors Be Left in the Dark?'' Our hearing uncovered several 
concerns. First, seniors need targeted outreach about the transition 
and the related coupon program. Second, there is shockingly little 
coordination between the Government agencies overseeing the transition 
and the voluntary industry efforts to educate consumers. Third, 
nonprofit organizations require additional resources to sufficiently 
assist seniors with navigating the transition. Finally, the 
Government's plan to provide coupons to partially offset the cost of a 
converter box is fraught with confusion and vulnerable to fraud and 
abuse.
  My legislation will address these problems by creating a formalized 
partnership between the Federal Communications Commission, the National 
Telecommunications and Information Administration and the 
Administration on Aging with specific reporting requirements. Together 
these entities will work with stakeholders such as the broadcasters, 
the aging network, disability groups, rural Americans, and State, local 
and tribal governments to craft a coordinated outreach campaign. This 
legislation will also establish a grant program to ensure that 
nonprofits and state and local government agencies, like area agencies 
on aging, have access to assistance as they help seniors and other 
vulnerable populations navigate the transition and the coupon program.
  This legislation will help safeguard seniors and their families by 
facilitating a number of common sense solutions. The bill requires 
commercial broadcasters to air public service announcements and develop 
consumer education plans to meet the needs of local viewers. It 
requires that coupon-eligible converter boxes are easily identifiable 
to mitigate the potential of consumers being swayed into purchasing 
expensive equipment they do not need. It also requires that 
manufacturers of converter boxes maintain a toll-free 1-800 number to 
assist individuals with installation. It sets specific reporting 
requirements for the FCC and NTIA to monitor the progress of their 
consumer awareness campaign and the coupon program. The legislation 
also modifies the coupon program to ensure that households relying 
solely on over-the-air television sets are prioritized and that 
residents of nursing homes and assisted living facilities are eligible 
to participate.
  I want to thank the following organizations for endorsing this 
legislation: AARP, the Association for Public Television Stations, the 
National Association of State Units on Aging, the National Association 
of Area Agencies on Aging, American Association of Homes and Services 
for the Aging, the Meals on Wheels Association of America, and the 
National Association of Nutrition and Aging Services Programs.
  Senior citizens deserve to receive targeted outreach and complete 
information about the upcoming transition. They do not deserve to be 
the brunt of fraudulent schemes or to be left in the dark after 
February 17, 2009. I believe we must prepare America's seniors, and I 
hope my colleagues will join in my effort to do so.
  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. 2125

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Preparing 
     America's Seniors for the Digital Television Transition of 
     Act of 2007''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. DTV educational partnership to benefit older individuals.
Sec. 4. Provisions relating to forfeitures.
Sec. 5. Digital television transition public education outreach and 
              installation assistance grants program.
Sec. 6. Modification of the digital-to-analog converter box program.
Sec. 7. Reporting requirements.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) on February 17, 2009, television stations will cease 
     broadcasting analog signals and traditional analog 
     televisions will stop working unless they are connected to a 
     digital-to-analog converter box, cable, or satellite;
       (2) a study conducted by the National Association of 
     Broadcasters revealed that over half of the respondents had 
     ``seen, read, or heard nothing'' about the transition to 
     digital television, and only 10 percent were able to guess 
     that the transition would occur in 2009;
       (3) according to a July 2007 study released by the 
     Association of Public Television Stations, older 
     individuals--
       (A) over the age of 65 are more likely to be found in over-
     the-air households and are, therefore, a much more vulnerable 
     group with respect to maintaining television service as the 
     digital transition is completed;
       (B) as a group, are less likely to have purchased a new 
     television in the past 3 years, are less likely to have HDTV 
     capabilities in their households, and are less likely to own 
     a digital television;
       (C) will not have the same exposure to digital television 
     transition messages from electronic retailers as will younger 
     members of the population; and
       (D) will need special focus in efforts to educate the 
     public with respect to the transition from analog to digital 
     television;
       (4) according to a Nielsen Media Research report, 
     approximately 20,000,000 households rely exclusively on 
     analog or free over-the-air broadcasts;
       (5) of these 20,000,000 households, approximately 8,000,000 
     include at least 1 person over the age of 50, according to 
     the Nielsen Media Research TV Household Estimates;
       (6) according to the General Accountability Office, about 
     48 percent of over-the-air households have incomes under 
     $30,000;
       (7) frail, homebound, rural, minority, disabled, limited 
     English proficient, and low-income older individuals will 
     need specific guidance and assistance in order to purchase 
     and properly install a digital-to-analog converter box;
       (8) without a targeted outreach program residents in 
     nursing homes and assisted living facilities represent a 
     segment of the population at risk for losing television 
     service as a result of the digital transition;
       (9) failure to seamlessly transition from analog to digital 
     television will restrict or eliminate the access of older 
     individuals to essential preparedness and safety information 
     in the event of an emergency or disaster, as such individuals 
     will be unable to receive national and local alerts aired 
     over television;
       (10) it is now 6 years after the communication failures of 
     September 11, 2001, which spurred Federal Government adoption 
     of a firm digital television transition date;
       (11) unfortunately the Department of Commerce and the 
     Federal Communications Commission have not adequately assured 
     Congress that vulnerable households will be properly educated 
     and prepared for such transition; and
       (12) older individuals, their families, caregivers, and 
     aging support networks will need targeted outreach to inform 
     them of steps to take in order to ensure uninterrupted 
     television service and to help mitigate potential

[[Page S12436]]

     digital television transition scams that may target the 
     elderly.

     SEC. 3. DTV EDUCATIONAL PARTNERSHIP TO BENEFIT OLDER 
                   INDIVIDUALS.

       Part I of title III of the Communications Act of 1934 (47 
     U.S.C. 301 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 342. FEDERAL INTERAGENCY TASKFORCE TO EDUCATE OLDER 
                   INDIVIDUALS ON THE DTV TRANSITION OF 2009.

       ``(a) Establishment.--
       ``(1) In general.--The Chairman and Commissioners of the 
     Federal Communications Commission shall enter into a 
     partnership with the Administration on Aging and the National 
     Telecommunications and Information Administration, to create 
     a comprehensive public education campaign that provides 
     information and assistance to older individuals, their 
     families, caregivers, and aging support networks about 
     measures that may be taken--
       ``(A) to ensure that such older individuals receive 
     uninterrupted television service during the transition from 
     analog to digital television that is to occur on February 17, 
     2009; and
       ``(B) to mitigate the likelihood of success of fraudulent 
     schemes relating to such transition that may target such 
     older individuals.
       ``(2) Access to resources.--In carrying out the educational 
     campaign required under paragraph (1), the federal 
     interagency taskforce established under such paragraph shall 
     utilize existing resources and efforts of the Federal, State, 
     and local governments, industry, and other appropriate 
     entities.
       ``(3) Timing.--The educational campaign required under 
     paragraph (1) shall commence not later than January 1, 2008 
     or 60 days after the date of enactment of this section.
       ``(b) Advisory Board.--
       ``(1) In general.--The Commission, the Administration on 
     Aging, and the National Telecommunications and Information 
     Administration shall establish an advisory board to recommend 
     to the federal interagency task force established under 
     subsection (a) the type, manner, and content of the 
     information to be used as part of the educational campaign 
     required under such subsection.
       ``(2) Membership.--The advisory board established under 
     paragraph (1) shall consist of 2 designees each from the 
     Commission, the Administration on Aging, and the National 
     Telecommunications and Information Administration and no more 
     than 30 additional members, which shall include--
       ``(A) representatives from the aging network, as such term 
     is defined in section 102 of the Older Americans Act of 1965 
     (42 U.S.C. 3002), such as the National Association of Area 
     Agencies on Aging, Meals on Wheels Association of America, 
     and National Association of State Units on Aging;
       ``(B) representatives from the entity or entities that the 
     Assistant Secretary for Communications and Information 
     selects or assigns to administer the digital-to-analog 
     converter box program required under section 3005(c)(2)(A) of 
     the Digital Television Transition and Public Safety Act of 
     2005 (Public Law 109-171; 120 Stat. 23);
       ``(C) representatives from the associations of industry and 
     related stakeholder groups to include--
       ``(i) commercial and noncommercial broadcasters;
       ``(ii) manufacturers and retailers of consumer electronics 
     equipment;
       ``(iii) cable operators; and
       ``(iv) satellite providers;
       ``(D) State, local, and tribal governments, such as the 
     National Association of Telecommunications Officers and 
     Advisors and the National Governors Association;
       ``(E) members from the general public who have expertise in 
     consumer education and outreach;
       ``(F) older individuals;
       ``(G) representatives from--
       ``(i) minority groups, including Hispanic Americans;
       ``(ii) Americans whose primary language is not English;
       ``(iii) tribal groups;
       ``(iv) Americans with disabilities;
       ``(v) Americans living in rural communities;
       ``(vi) nursing homes and assisted living facilities; and
       ``(vii) consumer protection groups; and
       ``(H) representatives from low-income assistance program 
     providers.
       ``(3) Appointment.--Not later than 30 days after the date 
     of enactment of this section, the Commission, the 
     Administration on Aging, and the National Telecommunications 
     and Information Administration shall appoint each member of 
     the advisory board.
       ``(4) Chairman.--The members of the Advisory Board shall 
     elect 1 member to serve as Chairman within 30 days after the 
     date of enactment of this section, in order to facilitate 
     rapid creation and implementation of the Advisory Board.
       ``(c) Duties.--
       ``(1) In general.--The Federal interagency taskforce 
     established under subsection (a) shall carry out a nationwide 
     program with the assistance of the advisory board established 
     under subsection (b) that includes, at a minimum--
       ``(A) an easily comprehensible explanation of the digital 
     television transition, including--
       ``(i) the effective date of such transition; and
       ``(ii) who is affected by such transition;
       ``(B) the public safety and emergency preparedness concerns 
     the transition will address, such as the Digital Emergency 
     Alert System and reverse 911, and the potential public safety 
     hazards to older individuals of not successfully 
     transitioning to digital television;
       ``(C) instructions to determine whether a television will 
     receive a digital signal and, if not, the options to ensure 
     reception of a digital signal and the related costs;
       ``(D) information related to the digital-to-analog 
     converter box coupon program, eligible versus noneligible 
     converter boxes, certified retailers, and important 
     associated deadlines; and
       ``(E) tips on how to avoid potential fraudulent schemes 
     related to the digital television transition that may target 
     older individuals.
       ``(2) Additional duties.--The Federal interagency taskforce 
     established under subsection (a) shall--
       ``(A) examine ways to simplify the purchasing and 
     installing of a digital-to-analog converter box for older 
     individuals and take into consideration the unique needs of 
     frail, homebound, minority, disabled, limited English 
     proficient, rural, and low-income older individuals, as well 
     as residents of nursing homes and assisted living facilities;
       ``(B) consult with and seek assistance from the 
     Commission's Homeland Security and Public Safety Bureau;
       ``(C) establish specific and realistic benchmarks for 
     identifying the estimated reach of the public education 
     campaign required under this section to older individuals, 
     their families, caregivers, and aging support networks;
       ``(D) coordinate with stakeholder to properly implement the 
     comprehensive education campaign;
       ``(E) provide, at no cost, to non profit entities such as 
     entities within the aging network consumer education 
     materials and technical assistance regarding the transition 
     from analog to digital television that is to occur on 
     February 17, 2009; and
       ``(F) specifically analyze the impact of the transition 
     from analog to digital television on the residents of non 
     profit nursing homes and assisted living facilities.
       ``(d) Report.--
       ``(1) Initial report.--Not later than 90 days after the 
     date of enactment of this section, the Commissioner, the 
     Assistant Secretary for Aging, and the Assistant Secretary 
     for Communications and Information shall submit a report to 
     Congress on--
       ``(A) the ability of the Federal interagency taskforce to 
     meet the requirements and duties described under subsection 
     (c); and
       ``(B) that summarizes each agency's efforts to increase 
     consumer education and awareness about the transition from 
     analog to digital television among older individuals, as well 
     as that agency's efforts to coordinate with the other Federal 
     and non-Federal members of the taskforce and the advisory 
     board.
       ``(2) Content of report.--The report required under 
     paragraph (1) shall, at a minimum, also include the 
     following:
       ``(A) How the Federal interagency taskforce will meet the 
     specific benchmarks established under subsection (c)(2)(C) to 
     ensure that older individuals who rely on over-the-air 
     broadcasting are not left without television service after 
     February 17, 2009.
       ``(B) How the Federal interagency taskforce will address 
     the unique needs of frail, homebound, disabled, minority, 
     rural, limited English proficiency and low-income older 
     individuals, as well as residents of nursing homes and 
     assisted living facilities, all of whom will need specific 
     guidance and assistance in order to purchase and install a 
     digital-to-analog converter box through the National 
     Telecommunications and Information Administration's Digital-
     to-Analog Converter Box Coupon Program without any undue 
     burden.
       ``(C) How the Federal interagency taskforce will provide 
     guidance and technical assistance to the families, 
     caregivers, and aging support networks of these vulnerable 
     older individuals.
       ``(D) How the Federal interagency taskforce will mitigate 
     potential scams that may target the elderly throughout the 
     course of the National Telecommunications and Information 
     Administration's Digital-to-Analog Converter Box Coupon 
     Program.
       ``(E) How the Federal interagency taskforce will coordinate 
     between State, local, and tribal governments and the head of 
     each Federal agency overseeing a low-income assistance 
     program, such as the Supplemental Security Income Program, 
     the Low Income Home Energy Assistance Program, the Lifeline 
     Assistance, and Link Up America programs, to ensure that such 
     programs disseminate information about the transition from 
     analog to digital television to their program recipients.
       ``(F) What resources will be necessary to provide outreach 
     and assistance at the community level and how the taskforce 
     will prioritize such resources.
       ``(3) Final report.--Not later than 3 months before 
     February 17, 2009, the Commissioner, Assistant Secretary for 
     Aging, and the Assistant Secretary for Communications and 
     Information shall submit a report to Congress that 
     describes--
       ``(A) the level of outreach and success achieved by the 
     education campaign required under subsection (a); and
       ``(B) the necessary remaining steps that must be taken in 
     order to ensure that older

[[Page S12437]]

     individuals who rely on over-the-air broadcasting are not 
     left without television service after February 17, 2009.
       ``(e) Definition of Older Individual.--For purposes of this 
     section, the term `older individual' means an individual who 
     is 50 years of age or older.
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Federal interagency 
     taskforce established under subsection (a) such sums as are 
     necessary to carry out the provisions of this section in 
     addition to--
       ``(1) amounts transferred pursuant to section 344(c)(5) of 
     this Act; and
       ``(2) amounts transferred pursuant to section 503(b)(7) of 
     this Act.
       ``(g) Return of unexpended funds.--Upon termination of the 
     federal interagency taskforce, any unexpended funds shall be 
     paid back to the original source of such funds, including to 
     the general accounts of the Federal Communications Commission 
     held at the Treasury for any amounts deposited in the fund 
     pursuant to paragraphs (1) or (2) of subsection (f).

     ``SEC. 343. ADDITIONAL REQUIREMENTS RELATED TO THE DTV 
                   TRANSITION.

       ``(a) Requirements on Broadcasters.--
       ``(1) Psas.--Beginning on the date of enactment of this 
     section and ending on March 31, 2009, the Commission shall 
     require each full power commercial television broadcast 
     licensee or permittee to broadcast during each day between 
     the hours of 6 a.m. and 11 p.m., public service announcements 
     notifying the public, in particular older individuals and 
     their families, caregivers, and aging support networks, of 
     the transition from analog to digital television that is to 
     occur after February 17, 2009.
       ``(2) Time requirements and total running time.--Based on 
     the overall concentration of over-the-air households by State 
     and locality, broadcasters shall air a minimum of 60 seconds 
     of public service announcements per day at variable time 
     slots throughout the week, with half airing between 5 p.m. 
     and 11 p.m.
       ``(3) Required content.--Any public service announcement 
     broadcast after January 1, 2008, shall include--
       ``(A) information concerning the digital-to-analog 
     converter box program required under section 3005 of the 
     Digital Television Transition and Public Safety Act of 2005 
     (Public Law 109-171; 120 Stat. 23);
       ``(B) such additional consumer information as the Federal 
     interagency taskforce may recommend based on input from the 
     advisory committee established under section 342; and
       ``(C) such additional information as local broadcasters may 
     determine necessary to appropriately educate their viewers 
     about the transition from analog to digital television.
       ``(4) Consumer education plans.--
       ``(A) In general.--Not later than January 1, 2008, or 30 
     days after the date of enactment of this Act if this Act is 
     enacted after such date, each full power commercial 
     television broadcast licensee or permittee shall have in 
     place a comprehensive consumer education plan to inform local 
     viewers about the impending the transition from analog to 
     digital television based on the overall concentration of 
     over-the-air households by State and locality.
       ``(B) Programs.--Programs carried out under the plan 
     required by subparagraph (A) may include educational 
     programming, donut spots, crawls, and speaking events.
       ``(5) Periodic reports to the fcc.--
       ``(A) Commercial broadcasters.--Not later than 90 days 
     after the date of enactment of this section, and every 90 
     days thereafter until March 31, 2009, each commercial 
     television broadcast licensee or permittee shall submit a 
     report to the Commission detailing their efforts to comply 
     with the requirements of this subsection.
       ``(B) Non commercial broadcasters.--Not later than June 18, 
     2008 the Corporation for Public Broadcasting, as defined in 
     section 397(2) shall submit a report to the Commission on 
     behalf of television public broadcast stations--
       ``(i) detailing the activities of the public television 
     industry in educating the public about the digital 
     transition; and
       ``(ii) including information relating to--

       ``(I) airtime allocated towards consumer education; and
       ``(II) other outreach efforts.

       ``(C) Public availability.--The Commission shall make any 
     report required under subparagraph (A) or (B) available to 
     the public on the Internet, without fee or other access 
     charge, in a searchable and downloadable manner.
       ``(b) Requirements on MVPD.--
       ``(1) In general.--Not later than January 1, 2008, or 30 
     days after the date of enactment of this Act if this Act is 
     enacted after such date, each multichannel video programming 
     distributor (as defined in section 602) shall develop a plan 
     to notify subscribers about the transition from analog to 
     digital television that is to occur on February 17, 2009.
       ``(2) Requirements of plan.--The plan required under 
     paragraph (1) shall explain--
       ``(A) what the digital transition is;
       ``(B) how the transition will affect subscribers of the 
     multichannel video programming distributor; and
       ``(C) such additional information as multichannel video 
     programming distributors may determine necessary to 
     appropriately educate their viewers about the transition from 
     analog to digital television.
       ``(c) Requirements for Electronics Retailers and 
     Distributors of Converter Boxes.--
       ``(1) Requirements for manufacturers of converter boxes.--
     The manufacturer of any digital-to-analog converter box that 
     is eligible to be obtained using a redeemable Federal coupon 
     and that is manufactured in the United States or shipped in 
     interstate commerce shall--
       ``(A) place an appropriate label on the retail packaging of 
     the converter box; and
       ``(B) maintain a toll-free 1-800 number that customers can 
     call to obtain installation assistance.
       ``(2) Label requirement.--For purposes of paragraph (1), an 
     appropriate label is a label that meets the following 
     requirements:
       ``(A) The label is displayed--
       ``(i) in a clear and conspicuous manner; and
       ``(ii) in large and visible font.
       ``(B) The label informs the consumer that the converter box 
     is fully compliant with all Federal standards relating to the 
     eligibility of that converter box to be used with the Federal 
     coupon program described under section 3005 of the Digital 
     Television Transition and Public Safety Act of 2005 (Public 
     Law 109-171; 120 Stat. 23). The information required to be 
     included on a label under this subparagraph may be conveyed 
     by affixing the following phrase to the label: `NTIA Coupon-
     Eligible'.
       ``(3) Requirements for in-store retailers.--Each in-store 
     retailer shall place adjacent to digital-to-analog converter 
     boxes that such retailer displays for sale or rent, a 
     separate sign that identifies which converter boxes are `NTIA 
     Coupon-Eligible'.
       ``(4) Requirements for other retailers.--Any retailer of 
     digital-to-analog converter boxes that sells such converter 
     boxes via direct mail, catalog, or electronic means, shall 
     ensure that all advertisements or descriptions of such 
     converter box identifies whether or not such converter box is 
     `NTIA Coupon-Eligible'.
       ``(5) Penalties.--
       ``(A) In general.--The forfeiture penalties established by 
     section 503(b) shall apply to a violation of any requirement 
     under this section.
       ``(B) Transfer to federal interagency taskforce.--The 
     amount of any forfeiture penalty determined, imposed, or 
     otherwise assessed by the Commission for violations of this 
     section shall be transferred to the accounts of the Federal 
     interagency taskforce established pursuant to section 342.
       ``(d) Report of Certified Retailers.--The National 
     Telecommunications and Information Administration shall 
     require--
       ``(1) each retailer certified by the Administration to 
     participate in the digital-to-analog converter box coupon 
     program under section 3005 of the Digital Television 
     Transition and Public Safety Act of 2005 (Public Law 109-171; 
     120 Stat. 23); and
       ``(2) not later than 30 days after certification, each such 
     retailer to report to the Administration on their employee 
     training or consumer information plans regarding the 
     transition from analog to digital television that is to occur 
     on February 17, 2009.
       ``(e) Report of Other Federal Agencies.--
       ``(1) In general.--Not later than 90 days after the date of 
     enactment of this section, the head of each Federal agency 
     that oversees a low-income assistance program, as determined 
     by the Federal interagency taskforce, and including the 
     Supplemental Security Income Program, the Low-Income Home 
     Energy Assistance Program, shall report to the Commission on 
     how such agency or program will work with the Federal 
     interagency taskforce established under section 342 to ensure 
     coordinated efforts are made to disseminate consumer 
     education materials developed under such section on the 
     transition from analog to digital television to eligible 
     program participants.
       ``(2) Required content.--The report required under 
     paragraph (1) should affirm each Federal agency's commitment 
     to assist with the nationwide transition from analog to 
     digital television.
       ``(f) Definition of Older Individual.--For purposes of this 
     section, the term `older individual' means an individual who 
     is 50 years of age or older.''.

     SEC. 4. PROVISIONS RELATING TO FORFEITURES.

       (a) In General.--Section 503(b) of the Communications Act 
     of 1934 (47 U.S.C. 503(b)) is amended by adding at the end 
     the following:
       ``(7) Beginning on the date of enactment of this paragraph 
     and ending on February 17, 2009, the amount of any forfeiture 
     penalty determined, imposed, or otherwise assessed by the 
     Commission, and payable into the Treasury of the United 
     States, for violations of the point of sale disclosure 
     requirements for analog-only television equipment as 
     described in the Second Periodic Review of the Commission's 
     Rules and Policies Affecting the Conversion To Digital 
     Television (MB Docket No. 03-15; RM-9832; adopted April 25, 
     2007) during such period shall be transferred to the accounts 
     of the Federal interagency taskforce established pursuant to 
     section 342.''.
       (b) Future Rulemakings Related to Digital Television 
     Transition.--The Federal Communications Commission shall in 
     any future rulemaking related to the nationwide transition 
     from analog to digital television that is to occur on 
     February 17, 2009, ensure that any proposed forfeiture 
     penalty for violation of such rule is transferred to the 
     accounts of the Federal interagency taskforce established 
     pursuant to section 343 of the Communications Act of 1934 (as 
     added under section 3 of this Act).

[[Page S12438]]

     SEC. 5. DIGITAL TELEVISION TRANSITION PUBLIC EDUCATION 
                   OUTREACH AND INSTALLATION ASSISTANCE GRANTS 
                   PROGRAM.

       (a) Program Authorized.--
       (1) Grants.--The Federal Communications Commission shall 
     award grants, on a competitive basis, to eligible entities 
     to--
       (A) provide public education outreach about the digital 
     television transition taking place on February 17, 2009 to 
     vulnerable populations particularly at risk for losing 
     television reception as a result of the digital television 
     transition; and
       (B) provide assistance with the purchasing and installation 
     of digital-to-analog converter boxes to vulnerable 
     populations particularly at risk for losing television 
     reception as a result of the digital television transition.
       (2) Grant periods.--The Commission shall award grants under 
     this section for a period of up to 3 years.
       (b) Application.--
       (1) In general.--To be eligible to receive a grant under 
     this section, an entity shall submit an application to the 
     Commission at such time, in such manner, and containing such 
     information as the Commission may require.
       (2) Action.--The Commission shall take such action 
     necessary to award grants not later than 90 days after the 
     date of enactment of this section.
       (c) Preference.--The Commission shall give priority in 
     awarding grants under this section to an entity that--
       (1) will provide public education outreach and installation 
     assistance to older individuals and other vulnerable 
     populations (with particular attention to individuals with 
     disabilities, individuals with limited English proficiency, 
     individuals residing in rural areas, minorities, and low-
     income communities);
       (2) has demonstrated experience in providing outreach and 
     assistance to older individuals and other vulnerable 
     populations; and
       (3) can demonstrate the ability and commitment to 
     identifying, after February 17, 2009, the date of the 
     transition, those households that may have lost television 
     reception and can aid in reinstating television reception for 
     such households.
       (d) Partnerships.--In awarding grants under this section, 
     the Commission may encourage applicants to enter into a 
     partnership with 1 or more private entities who may assist 
     with training or providing donated technologies including 
     digital televisions or digital-to-analog converter boxes.
       (e) Use of Funds.--
       (1) In general.--An eligible entity shall use funds made 
     available under a grant awarded under this section to--
       (A) carry out a project described in subsection (a); and
       (B) evaluate the project in accordance with subsection (h).
       (2) Relationship to other funding sources.--Funds made 
     available under this section shall supplement, and not 
     supplant, any Federal, State, and local funds expended by a 
     State or unit of general purpose local government to provide 
     the services described in subsection (a).
       (f) Eligible Entities.--An entity eligible to receive a 
     grant under subsection (a) shall be--
       (1) a nonprofit organization, an area agency on aging or 
     other local government agency, a State unit on aging or other 
     State government agency, and a tribal government or 
     organization (including a consortium thereof) that--
       (A) has the ability to conduct the coordination, promotion, 
     and facilitation described in subsection (a); and
       (B) has experience providing outreach and assistance 
     targeted at older individuals and other vulnerable 
     populations (with particular attention to individuals with 
     disabilities, individuals with limited English proficiency, 
     individuals residing in rural areas, minorities, and low-
     income communities); or
       (2) any other entity not described in paragraph (1) that--
       (A) the Commission determines to be appropriate to carry 
     out a project under subsection (a); and
       (B) demonstrates experience conducting public education 
     outreach campaigns and providing assistance targeted at older 
     individuals and other vulnerable populations.
       (g) Competitive Grants for Technical Assistance.--The 
     Commission may make a grant, on a competitive basis, to an 
     eligible nonprofit organization, to enable the organization 
     to--
       (1) provide technical assistance to recipients of grants 
     under subsection (a); and
       (2) carry out other duties, as determined by the 
     Commission.
       (h) Local Evaluation and Report.--
       (1) Evaluation.--Each entity or consortium thereof 
     receiving a grant under subsection (a) to carry out a project 
     described in subsection (a) shall evaluate the outreach and 
     assistance carried out under the project to determine--
       (A) the effectiveness of the outreach and assistance 
     involved; and
       (B) the impact of such outreach and assistance on the 
     community being served and the organization providing the 
     outreach and assistance.
       (2) Report.--The organization shall submit a report to the 
     Commission containing the evaluation not later than 3 months 
     after the expiration of the period for which the grant is in 
     effect.
       (i) Annual Report to Congress.--Not later than 60 days 
     after the close of fiscal year 2008 and fiscal year 2009, the 
     Commission shall prepare and submit a full and complete 
     report to Congress on the activities carried out under this 
     section which shall--
       (1) summarize the distribution of funds authorized for 
     grants under this section and the expenditure of such funds;
       (2) summarize the scope and content of the public education 
     outreach campaigns and assistance carried out under this 
     section; and
       (3) make recommendations for legislative or administrative 
     action, as the Commission determines appropriate.
       (j) Final Report to Congress.--Not later than 60 days after 
     the close of fiscal year 2010 the Commission shall prepare 
     and submit a full and complete report to Congress on the 
     activities carried out under this section which shall--
       (1) summarize the distribution of funds authorized for 
     grants under this section and the expenditure of such funds;
       (2) summarize the scope and content of the public education 
     outreach campaigns and assistance carried out under this 
     section;
       (3) summarize findings from the reports containing the 
     evaluations from subsection (h)(2); and
       (4) make recommendations for legislative or administrative 
     action, as the Commission determines appropriate.
       (k) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as necessary to carry out this 
     section for fiscal years 2008, 2009, and 2010.

     SEC. 6. MODIFICATION OF THE DIGITAL-TO-ANALOG CONVERTER BOX 
                   PROGRAM.

       Section 3005(c) of the Digital Television Transition and 
     Public Safety Act of 2005 (Public Law 109-171; 120 Stat. 23) 
     is amended--
       (1) by amending paragraph (1) to read as follows:
       ``(1) Applications.--
       ``(A) Procurement of coupons.--
       ``(i) Submission of application.--Not later than December 
     31, 2007, the Assistant Secretary shall by regulation develop 
     and produce a standard application that each household shall 
     submit to the Assistant Secretary between January 1, 2008, 
     and March 31, 2009, inclusive, in order to obtain a coupon 
     that can be applied toward the purchase of a digital-to-
     analog converter box.
       ``(ii) Requirement for applications.--The application 
     developed under clause (i) shall--

       ``(I) be uniform in style and form regardless of the medium 
     through which it is available, including for printed 
     applications, application available by e-mail, or available 
     on the website of the Assistant Secretary or of the Federal 
     Communications Commission;
       ``(II) require each household to submit--

       ``(aa) the name, address, phone number, and e-mail address 
     of the applicant;
       ``(bb) the number of coupons that the household seeks to 
     obtain;
       ``(cc) a certification of whether the household receives--
       ``(AA) only over-the-air broadcast programming; or
       ``(BB) cable or satellite service and over-the-air 
     broadcast programming;

       ``(III) inform households about--

       ``(aa) the transition from analog to digital television, 
     including information on the--
       ``(AA) digital-to-analog converter box coupon program; and
       ``(BB) important associated deadlines; and
       ``(bb) the various options and alternatives that households 
     may utilize to ensure reception of a digital signal, 
     including that if the household--
       ``(AA) has an analog television set and receives only over-
     the-air broadcast programming that a digital-to-analog 
     converter box is required;
       ``(BB) has a digital television set and receives only over-
     the-air broadcast programming that a digital-to-analog 
     converter box is not required; and
       ``(CC) has either an analog or digital television set and 
     receives cable or satellite service that a digital-to-analog 
     converter box is not required.
       ``(iii) Shipping of coupons.--The Assistant Secretary shall 
     ensure that each household that submits an application for a 
     coupon under this subparagraph receives such coupon via the 
     United States Postal Service.
       ``(iv) Duration of coupons.--All coupons shall expire 4 
     months after issuance.
       ``(v) Rule of construction.--For purposes of this 
     paragraph, the term `household' shall include residents of 
     nursing homes and assisted living facilities.'';
       (2) by amending paragraph (2) to read as follows:
       ``(2) Distribution of coupons.--
       ``(A) Priority consideration for ota households.--
       ``(i) In general.--The Assistant Secretary shall for the 
     period beginning January 1, 2008, and ending March 31, 2009, 
     distribute coupons only to households that have certified on 
     their coupon application submitted under paragraph (1) that 
     such household receives only over-the-air broadcast 
     programming.
       ``(ii) Cap on coupons.--The total maximum value of all the 
     coupons distributed under clause (i) shall not exceed 
     $990,000,000.
       ``(B) Other households.--
       ``(i) In general.--The Assistant Secretary shall for the 
     period beginning July 1, 2008, or the period beginning on the 
     date that the total maximum value established under 
     subparagraph (A)(ii) is reached, whichever is earlier, and 
     ending March 31, 2009, distribute

[[Page S12439]]

     coupons to any household that has submitted a coupon 
     application under paragraph (1).
       ``(ii) Cap on coupons.--The total maximum value of all the 
     coupons distributed under clause (i) shall not exceed 
     $510,000,000.
       ``(C) Limitation.--The Assistant Secretary shall ensure 
     that--
       ``(i) no household that receives only over-the-air 
     broadcast programming receives more than 2 coupons; and
       ``(ii) no other household receives more than 1 coupon.
       ``(D) Required disclosures.--The Assistant Secretary shall 
     include along with any coupon distributed pursuant to this 
     subsection a list of--
       ``(i) certified retailers of digital-to-analog converter 
     boxes by zip code and area code, including each retailer's 
     phone number and address;
       ``(ii) at least 2 national certified retailers or mail 
     order companies and the 1-800 numbers of such retailers or 
     companies so that households may order digital-to-analog 
     converter boxes over the phone; and
       ``(iii) digital-to-analog converter boxes that are eligible 
     to be purchased with a coupon.
       ``(E) Prohibition on resale of coupons.--No person, 
     including any retailer or manufacturer, may sell or offer to 
     sell a coupon distributed under this section for any monetary 
     amount.''.

     SEC. 7. REPORTING REQUIREMENTS.

       (a) Report by the National Telecommunications and 
     Information Administration.--Not later than 90 days after the 
     date of enactment of this Act, and every 90 days thereafter 
     until March 31, 2009, the National Telecommunications and 
     Information Administration shall report to Congress on the 
     following:
       (1) Consumer education efforts.--The effectiveness of its 
     outreach efforts to inform the public about the transition 
     from analog to digital television, including a summary of any 
     materials distributed, surveys and focus groups conducted, 
     and any other efforts targeted at high-risk market segments, 
     such as low-income individuals, the elderly, or individuals 
     located in rural communities. The ongoing efforts and 
     coordination of the Administration with industry groups (such 
     as broadcasters, retailers, and manufacturers), other Federal 
     agencies, nonprofit organizations, and community-based 
     organizations.
       (2) Converter box manufacturing.--With respect to the 
     digital-to-analog converter box program required under 
     section 3005 of the Digital Television Transition and Public 
     Safety Act of 2005 (Public Law 109-171; 120 Stat. 23):
       (A) The participation level of manufacturers in such 
     program.
       (B) The number of digital-to-analog converter box models 
     manufactured pursuant to such program.
       (C) The number of digital-to-analog converter boxes shipped 
     in the prior 90 days.
       (D) The performance testing results of each digital-to-
     analog converter box model manufactured pursuant to such 
     program.
       (E) The number of digital-to-analog converter boxes in the 
     marketplace that are--
       (i) compliant with the requirements under such program; and
       (ii) noncompliant with the requirements under such program.
       (3) Converter box retailing.--With respect to retailers:
       (A) The compliance rates of retailers with the labeling 
     requirements under section 344(c) of the Communications Act 
     of 1934.
       (B) The supply levels of retailers of digital-to-analog 
     converter boxes, such levels shall be categorized on a--
       (i) State by State level; and
       (ii) regional level.
       (C) The price charged by such retailers for digital-to-
     analog converter boxes, and the sales efforts of such 
     retailers with respect to such boxes.
       (D) The efforts of retailers on training and educating 
     their sales force regarding the transition from analog to 
     digital television.
       (4) Coupon administration.--With respect to the digital-to-
     analog converter box coupon program established under section 
     3005(c) of the Digital Television Transition and Public 
     Safety Act of 2005 (Public Law 109-171; 120 Stat. 23):
       (A) The number of coupons issued, categorized nationally, 
     by State, and by 5 digit zip code.
       (B) The number of coupons redeemed by households, 
     categorized nationally, by State, and by 5 digit zip code.
       (C) The efforts of the Administration and the Assistant 
     Secretary of Communications and Information to inform 
     retailers about the coupon program and the process needed to 
     redeem coupons, categorized by 5 digit zip code.
       (D) The number of households that have an analog television 
     set and receive only over-the-air broadcast programming and 
     that have submitted an application for a coupon, categorized 
     nationally, by State, and by 5 digit zip code.
       (E) The number of households that have a digital television 
     set and receive only over-the-air broadcast programming and 
     that have submitted an application for a coupon, categorized 
     nationally, by State, and by 5 digit zip code.
       (F) The number of households that have either an analog or 
     digital television set and receive cable or satellite service 
     and that have submitted an application for a coupon, 
     categorized nationally, by State, and by 5 digit zip code.
       (G) The efforts of the Administration to utilize the 
     household demographics collected under subparagraphs (D), 
     (E), and (F) to determine an appropriate strategy for the 
     distribution of print applications for coupons, such as 
     distribution at post-offices, departments of motor vehicles, 
     and community centers.
       (H) The average time of redemption of a coupon, measured 
     from the date of issuance of the coupon to a household to the 
     date of redemption of that coupon at a certified retailer of 
     digital-to-analog converter boxes.
       (I) The top 10 retailers, by volume, where coupons are 
     redeemed.
       (J) The results of quarterly surveys conducted between 
     January 1, 2008 and March 31, 2009, on consumer satisfaction 
     with the coupon program, including results related to ease of 
     redemption, availability of digital-to-analog converter box, 
     and the certified retailer's knowledge of the impending 
     transition from analog to digital television.
       (b) Report by the FCC.--Not later than 90 days after the 
     date of enactment of this Act, and every 90 days thereafter 
     until March 31, 2009, the Federal Communications Commission 
     shall report to Congress on--
       (1) the effectiveness of its outreach efforts to inform the 
     public about the transition from analog to digital 
     television, including a summary of any materials distributed, 
     surveys and focus groups conducted, and any other efforts 
     targeted at high-risk market segments, such as low-income 
     individuals, the elderly, or individuals located in rural 
     communities;
       (2) the ongoing efforts and coordination of the Commission 
     with industry groups (such as broadcasters, retailers, and 
     manufacturers), other Federal agencies, States, nonprofit 
     organizations, and community-based organizations; and
       (3) the ongoing efforts of the Commission to--
       (A) prevent fraud and abuse with respect to the transition 
     from analog to digital television;
       (B) educate high-risk market segments, such as low-income 
     individuals, the elderly, or individuals located in rural 
     communities, on how to--
       (i) avoid potential fraudulent schemes related to the 
     digital television transition; and
       (ii) identify occurrences of fraud;
       (C) prosecute those individuals accused of participating in 
     fraudulent schemes related to the digital television 
     transition; and
       (D) monitor the compliance of retailers and manufacturers 
     with the labeling requirements under section 344(c) of the 
     Communications Act of 1934.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the National Telecommunications and 
     Information Administration and the Federal Communications 
     Commission such sums as are necessary to carry out the 
     provisions of this section.
                                 ______
                                 
      By Mr. CRAPO (for himself, Mr. Johnson, and Mr. Gregg):
  S. 2126. A bill to amend the Internal Revenue Code of 1986 to allow 
individuals to defer recognition of reinvested capital gains 
distributions from regulated investment companies; to the Committee on 
Finance.
  Mr. CRAPO. Mr. President, I rise today to introduce, along with my 
colleagues Tim Johnson of South Dakota and Judd Gregg of New Hampshire, 
an important bill that will allow Americans to save more for the long 
term and will better prepare them for a secure retirement. The 
Generating Retirement Ownership Through Long-Term Holding, GROWTH Act, 
had substantial bipartisan support in the House last Congress, and has 
been introduced in a bipartisan manner again in the House this 
Congress. Mr. Johnson and I are proud to introduce in the Senate this 
bipartisan legislation that provides Americans a better tool to grow 
their long-term retirement savings.
  The GROWTH Act would allow investors in mutual funds to keep more 
retirement savings invested longer and growing longer by deferring 
taxation of automatically reinvested capital gains until fund shares 
are sold, rather than allowing those long-term gains, which generate no 
current income or cash in hand, to be taxed every year.
  To understand how beneficial this bill would be, it is important to 
understand the role of mutual funds in long-term retirement savings. 
Among households owning mutual funds, 92 percent are investing for 
retirement, with more than 70 percent saying their primary purpose in 
investing in funds is to prepare for retirement. Many of today's 
workers do not yet have in place the retirement savings supplement to 
Social Security that will prepare them for the future. In fact, almost 
half of American workers, nearly 75 million of 155 million workers--are 
not offered any form of pension or retirement savings plan at work.
  Meanwhile, the number of years spent in retirement is growing and the

[[Page S12440]]

costs individuals can expect to bear in retirement are growing, too. 
The Employee Benefit Research Institute estimates that an individual 
retiring at age 65 in 2016 will need more than $300,000 just to cover 
health coverage premiums and expenses. Individual savings efforts also 
face significant obstacles. Those not covered by an employer's 
retirement plan, for example, can set aside a deductible IRA 
contribution of only $4,000 this year, $5,000 if they are age 50 or 
older.
  Mutual funds are a hugely important part of American workers' 
preparation for retirement, both through their employers' retirement 
plans and on their own. Mutual funds now make up about half of the $4.1 
trillion held by American workers through 401(k) plans and other 
similar job-based savings programs. About 38 million American investors 
hold mutual funds through their defined contribution plans. More than 
31 million American investors are saving through taxable mutual fund 
accounts, either as supplements to their employers' plans or because 
they do not have such plans.
  The GROWTH Act is also a good idea because it remedies an unfairness 
in the tax code that can make saving difficult for many Americans. 
Mutual fund investors who are struggling to save for retirement should 
not have to pay taxes on ``profits'' they have not realized. If they 
don't have money in hand, it makes no sense for them to have to pay 
taxes. The GROWTH Act would defer taxes until the mutual fund shares 
are sold and the investor has actual funds to pay the taxes.
  The GROWTH Act would be a valuable contributor to retirement savings 
efforts. Mutual fund savers who automatically reinvest are doing what 
policymakers want to see. They are holding for the long term, 
contributing to national savings, and building up their own retirement 
nest egg. These Americans should be encouraged to save, not discouraged 
through a tax on automatic reinvestments. The GROWTH Act is a step that 
will show immediate results, a step that will help tens of millions of 
American savers and ``should-be savers'' over the course of their 
working lives, and a step that with time can make a real difference in 
the retirement readiness of American families.
  I urge my colleagues to join Mr. Johnson and me in supporting the 
GROWTH Act. 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 
placed in the Record, as follows:

                                S. 2126

       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 ``Generate Retirement 
     Ownership Through Long-Term Holding Act of 2007''.

     SEC. 2. DEFERRAL OF REINVESTED CAPITAL GAIN DIVIDENDS OF 
                   REGULATED INVESTMENT COMPANIES.

       (a) In General.--Part III of subchapter O of chapter 1 of 
     the Internal Revenue Code of 1986 (relating to common 
     nontaxable exchanges) is amended by inserting after section 
     1045 the following new section:

     ``SEC. 1046. REINVESTED CAPITAL GAIN DIVIDENDS OF REGULATED 
                   INVESTMENT COMPANIES.

       ``(a) Nonrecognition of Gain.--In the case of an 
     individual, no gain shall be recognized on the receipt of a 
     capital gain dividend distributed by a regulated investment 
     company to which part I of subchapter M applies if such 
     capital gain dividend is automatically reinvested in 
     additional shares of the company pursuant to a dividend 
     reinvestment plan.
       ``(b) Definitions and Special Rules.--For purposes of this 
     section--
       ``(1) Capital gain dividend.--The term `capital gain 
     dividend' has the meaning given to such term by section 
     852(b)(3)(C).
       ``(2) Recognition of deferred capital gain dividends.--
       ``(A) In general.--Gain treated as unrecognized in 
     accordance with subsection (a) shall be recognized in 
     accordance with subparagraph (B)--
       ``(i) upon a subsequent sale or redemption by such 
     individual of stock in the distributing company, or
       ``(ii) upon the death of the individual.
       ``(B) Gain recognition.--
       ``(i) In general.--Upon a sale or redemption described in 
     subparagraph (A), the taxpayer shall recognize that portion 
     of total gain treated as unrecognized in accordance with 
     subsection (a) (and not previously recognized pursuant to 
     this subparagraph) that is equivalent to the portion of the 
     taxpayer's total shares in the distributing company that are 
     sold or redeemed.
       ``(ii) Death of individual.--Except as provided by 
     regulations, any portion of such total gain not recognized 
     under clause (i) prior to the taxpayer's death shall be 
     recognized upon the death of the taxpayer and included in the 
     taxpayer's gross income for the taxable year ending on the 
     date of the taxpayer's death.
       ``(3) Holding period.--
       ``(A) General rule.--The taxpayer's holding period in 
     shares acquired through reinvestment of a capital gain 
     dividend to which subsection (a) applies shall be determined 
     by treating the shareholder as having held such shares for 
     one year and a day as of the date such shares are acquired.
       ``(B) Special rule for distributions of qualified 5-year 
     gains.--In the case of a distribution of a capital gain 
     dividend (or portion thereof) in a taxable year beginning 
     after December 31, 2010, and properly treated as qualified 5-
     year gain (within the meaning of section 1(h), as in effect 
     after such date), subparagraph (A) shall apply by 
     substituting `5 years and a day' for `one year and a day'.
       ``(c) Section Not to Apply to Certain Taxpayers.--This 
     section shall not apply to--
       ``(1) an individual with respect to whom a deduction under 
     section 151 is allowable to another taxpayer for a taxable 
     year beginning in the calendar year in which such 
     individual's taxable year begins, or
       ``(2) an estate or trust.
       ``(d) Regulations.--The Secretary shall prescribe such 
     regulations as may be necessary to carry out the purposes of 
     this section.''.
       (b) Conforming Amendments.--
       (1) Section 852(b)(3)(B) of such Code is amended by adding 
     at the end the following new sentence: ``For rules regarding 
     nonrecognition of gain with respect to reinvested capital 
     gain dividends received by individuals, see section 1046.''.
       (2) The table of sections for part III of subchapter O of 
     chapter 1 of such Code is amended by inserting after the item 
     relating to section 1045 the following new item:

``Sec. 1046. Reinvested capital gain dividends of regulated investment 
              companies.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years ending after the date of the 
     enactment of this Act.

  Mr. JOHNSON. Mr. President, I am pleased today to once again join my 
colleague Mike Crapo of Idaho in introducing a bill with growing 
bipartisan support, a bill that promises to be an important part of the 
many steps we will need to take to help Americans save more effectively 
for the many long-term needs they must increasingly plan for on their 
own--health, education and retirement.
  Currently, mutual fund investors who are saving outside a 401(k) plan 
or an IRA find themselves taxed every year as a result of the buying 
and selling that is part of fund diversification, even if they have 
arranged to automatically reinvest any capital gains, even though they 
sold no shares, in fact, even if the value of their investments have 
fallen.
  As a result, each year during tax season, we hear from investors who 
have worked hard and played by the rules. These are Americans who are 
committed to a plan of saving for the long term, who nevertheless find 
themselves hit with a tax bill although they are simply staying the 
course. Mr. Crapo and I don't believe that these people should be 
discouraged from long-term investing and taxed I prematurely when a 
better-timed tax--one that comes in when investments are sold--would 
better facilitate long-term investing, retirement readiness, and 
perhaps even tax compliance through simpler calculations and fewer 
annual adjustments.
  Congress has spent a great deal of effort trying to strengthen and 
promote pension promises, through both defined benefit and defined 
contribution plans. Yet many of today's workers do not yet have in 
place the retirement savings to supplement Social Security benefits. In 
fact, almost half of American workers--nearly 75 million of 155 million 
workers--are not offered any form of pension or retirement savings plan 
at work. These are the people who need GROWTH the most.
  And the challenge they face for the future is growing. The number of 
years Americans and their families can expect to spend in retirement is 
growing, as are the costs individuals can expect to bear in retirement. 
Individual savings opportunities for those who spend some or all of 
their working years without participating or vesting in an employer's 
retirement plan are modest. Those workers covered by an employer's 
retirement plan, for example, can set aside a deductible IRA 
contribution of only $4,000 this year, $5,000 if they

[[Page S12441]]

are age 50 or older. Many will want and need to save more every year if 
they are to be ready for retirement. These are the people who need 
GROWTH.
  How many are there? More than 31 million Americans are saving through 
taxable mutual fund accounts, either as supplements to their employers' 
plans or because they do not have such plans. The GROWTH Act would 
provide sensible tax treatment that would defer, not avoid, taxation. 
In the process, it would better enable retirement savers in what they 
are trying to do, plan for an uncertain road ahead.
  A bigger tax debate is ahead, along with a bigger debate about the 
future of Social Security and the way to modernize and improve private 
sector retirement savings tools that must supplement it. The GROWTH Act 
is one of those practical building blocks that deserves to be part of 
future debates on tax and retirement policy. Its impact illustrates 
just how many millions of American households are out there right now, 
households of modest incomes, saving on their own, through mutual fund 
investments, making up that growing middle class, a middle class that 
is facing a lot of squeezes, a lot of growing demands on their savings, 
but a group that is trying to save nevertheless. About three in five 
fund investors have household incomes between $25,000 and $100,000. Not 
high-flyers looking to be creative, but working people who deserve to 
find a few less obstacles in their way.
  I urge my colleagues to join Mr. Crapo and me in supporting the 
GROWTH Act and refocusing their attention to just who these savers are 
and what kind of sensible tax policy they need.
                                 ______
                                 
      Mrs. MURRAY:
  S. 2127. A bill to provide assistance to families of miners involved 
in mining accidents; to the Committee on Health, Education, Labor, and 
Pensions.
  Mrs. MURRAY. Mr. President, today, I heard disturbing testimony 
during a Senate HELP Committee hearing on the Crandall Canyon Mine 
disaster about the misinformation that families received during the 
tragedy. When I met with many of the family members of the miners 
involved in the accident, I saw the enduring pain of their loss, and, 
although there is nothing I can do to take that pain away, I can work 
to ensure that if other families are ever faced with such tragedy in 
the future, they will be cared for with respect, dignity, and 
consistency.
  I am proud to introduce the Mine Disaster Family Assistance Act of 
2007, closely modeled after the National Transportation Safety Board's 
highly effective family assistance model used during major aviation 
accidents in this country to care for victims and their families.
  This bill puts families who experience such a tragedy first by 
establishing a director of family support services at MSHA. This person 
would serve as the Federal Government's point-of-contact for families 
during an emergency. The director would be responsible for the overall 
coordination of family services provided by all parties involved in a 
mine emergency and ensure that families receive consistent information 
first during rescue and investigation efforts.
  Second, it requires the designation of an independent nonprofit 
organization with experience in disasters and post trauma family 
communication, such as the American Red Cross, ARC, as the primary 
coordinator of emotional care and support for families. This 
organization will provide mental health and counseling services to 
families, and a private place to grieve; meet with family members 
onsite; and update families on accident and post accident activities.
  Third, it requires mine operators to submit a strategic plan to 
clearly establish accident protocols for meeting the needs of families 
before an emergency occurs. To ensure these plans are submitted and 
approved in a timely fashion, the bill also prohibits approval of other 
operating plans until a mine has an MSHA-approved family assistance 
plan.
  Finally, it gives families a voice in the process by including them 
as a required partner in a task force designed to provide 
recommendations for program enhancements. Other partners include mine 
operators, including operators of small mines, labor, the ARC, and the 
Bureau of Land Management.
  We all agree that families who have lost loved ones in mining 
tragedies like those at Sago and Crandall, deserve our best efforts to 
provide consistent communication and support. The landmark MINER Act, 
signed into law last year, was a good first step in this direction, but 
these tragedies demand that we take additional steps to ensure that the 
victims' families receive the best information and care possible during 
an emergency.

                          ____________________