[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.
____________________