December 10, 2008 CONGRESSIONAL RECORD — HOUSE H10943 

then such plan shall be treated as a plan in 

critical status for such plan year for purposes of applying section 4971(g)(1)(A) of such 

Code, section 302(b)(3) of such Act (without 

regard to the second sentence thereof), and 

section 412(b)(3) of such Code (without regard 

to the second sentence thereof). 

(c) ELECTION AND NOTICE.— 

(1) ELECTION.—An election under subsection (a) shall— 

(A) be made at such time and in such manner as the Secretary of the Treasury or the 

Secretary’s delegate may prescribe and, once 

made, may be revoked only with the consent 

of the Secretary, and 

(B) if the election is made— 

(i) before the date the annual certification 

is submitted to the Secretary or the Secretary’s delegate under section 305(b)(3) of 

such Act and section 432(b)(3) of such Code, 

be included with such annual certification, 

and 

(ii) after such date, be submitted to the 

Secretary or the Secretary’s delegate not 

later than 30 days after the date of the election. 

(2) NOTICE TO PARTICIPANTS.— 

(A) IN GENERAL.—Notwithstanding section 

305(b)(3)(D) of such Act and section 

431(b)(3)(D) of such Code, if the plan is neither in endangered nor critical status by reason of an election made under subsection 

(a)— 

(i) the plan sponsor of a multiemployer 

plan shall not be required to provide notice 

under such sections, and 

(ii) the plan sponsor shall provide to the 

participants and beneficiaries, the bargaining parties, the Pension Benefit Guaranty Corporation, and the Secretary of 

Labor a notice of the election and such other 

information as the Secretary of the Treasury 

(in consultation with the Secretary of Labor) 

may require— 

(I) if the election is made before the date 

the annual certification is submitted to the 

Secretary or the Secretary’s delegate under 

section 305(b)(3) of such Act and section 

432(b)(3) of such Code, not later than 30 days 

after the date of the certification, and 

(II) if the election is made after such date, 

not later than 30 days after the date of the 

election. 

(B) NOTICE OF ENDANGERED STATUS.—Notwithstanding section 305(b)(3)(D) of such Act 

and section 431(b)(3)(D) of such Code, if the 

plan is certified to be in critical status for 

any plan year but is in endangered status by 

reason of an election made under subsection 

(a), the notice provided under such sections 

shall be the notice which would have been 

provided if the plan had been certified to be 

in endangered status. 

SEC. 205. TEMPORARY EXTENSION OF THE FUNDING IMPROVEMENT AND REHABILITATION PERIODS FOR MULTIEMPLOYER PENSION PLANS IN CRITICAL AND ENDANGERED STATUS 

FOR 2008 OR 2009. 

(a) IN GENERAL.—If the plan sponsor of a 

multiemployer plan which is in endangered 

or critical status for a plan year beginning in 

2008 or 2009 (determined after application of 

section 204) elects the application of this section, then, for purposes of section 305 of the 

Employee Retirement Income Security Act 

of 1974 and section 432 of the Internal Revenue Code of 1986— 

(1) except as provided in paragraph (2), the 

plan’s funding improvement period or rehabilitation period, whichever is applicable, 

shall be 13 years rather than 10 years, and 

(2) in the case of a plan in seriously endangered status, the plan’s funding improvement period shall be 18 years rather than 15 

years. 

(b) DEFINITIONS AND SPECIAL RULES.—For 

purposes of this section— 

(1) ELECTION.—An election under this section shall be made at such time, and in such 

manner and form, as (in consultation with 

the Secretary of Labor) the Secretary of the 

Treasury or the Secretary’s delegate may 

prescribe. 

(2) DEFINITIONS.—Any term which is used 

in this section which is also used in section 

305 of the Employee Retirement Income Security Act of 1974 and section 432 of the Internal Revenue Code of 1986 shall have the 

same meaning as when used in such sections. 

(c) EFFECTIVE DATE.—This section shall 

apply to plan years beginning after December 31, 2007. 

Mr. POMEROY. Mr. Speaker, I rise today in 

favor of moving this bill, H.R. 7327, the Worker, Retiree, and Employer Recovery Act of 

2008, forward in an expedited manner. 

Mr. Speaker, this Congress needs to provide pension funding relief rightaway before 

adjourning in order to prevent needless unemployment and unnecessary freezing of pension 

plans. We also need to help seniors who are 

forced to take funds out of retirement accounts 

that are much lower than balances at the end 

of last year. 

This bill is important to workers so that their 

retirement years will be more secure, and to 

employers so that the cost of the defined benefit pensions, which they are committed to offering their employees, will be more predictable. This bill also provided relief to retirees 

over age 70 and a half who are required to 

take a distribution from their IRA or 401(k). 

I commend the Chairman and Ranking 

Member of the Ways and Means Committee, 

and the Chairman and Ranking Member of the 

Education and Labor Committee for bringing a 

bill to the floor that helps retirees, workers and 

pension plans cope with the unprecedented 

volatile investment environment while also including technical tax and ERISA provisions 

that give the added clarity retirement plans 

needed to comply with the Pension Protection 

Act. 

Let me also extend thanks to the staff of the 

Ways and Means Committee, and the Education and Labor Committee and their counterparts in the Senate. Their hard work brings us 

to this point. 

It is imperative that we act now. 

Facing the most severe recession in decades, U.S. companies will need to plan a 

careful business strategy and keep a firm control on expenses. According to a survey of 

Chief Executive Officers (CEOs), pension 

costs have become a major concern in this fiscal environment as sizeable increases in pension funding requirements due to the significant market declines will make an economic 

recovery more challenging. 

The bill takes important steps to help corporations remain committed to providing retirement promises to workers through defined 

benefit plans. In addition, the bill includes similar critical relief for multi-employers’ pension 

plans that cover union workers at many smaller employers especially those in construction 

industry. At the same time if workers are covered in a plan and its funding level falls below 

a level at which benefit restrictions would 

apply the bill allows those plans to look at 

their 2008 funding level and protect workers 

from a mandated frozen pension. 

We do not want to put employers in a no 

win pinch when they would have to choose 

between providing pensions or keeping employees on their jobs. Our Nation’s pension 

plan is a voluntary system and employers can 

decide that offering a pension simply no 

longer makes good business sense. Tonight 

Congress tells employers we understand that 

and we want to help you meet your pension 

obligations in a predictable way. 

For those retirees who must take a distribution from their IRA or 401(k) account that 

today has a dramatically lower value than the 

account at the end of last year, the bill will 

allow them to not take such distributions in 

2009. 

In conclusion, just let me say that American 

workers are anxious about their retirement security. Today, the House of Representatives is 

acting to address and to reduce this uneasiness. It is a very important bill, and I urge its 

adoption. 

The bill was ordered to be engrossed 

and read a third time, was read the 

third time, and passed, and a motion to 

reconsider was laid on the table. 

f 

SHORT-TERM ANALOG FLASH AND 

EMERGENCY READINESS ACT 

Mrs. CAPPS. Mr. Speaker, I ask 

unanimous consent that the Committee on Energy and Commerce be 

discharged from further consideration 

of the Senate bill (S. 3663) to require 

the Federal Communications Commission to provide for a short-term extension of the analog television broadcasting authority so that essential 

public safety announcements and digital television transition information 

may be provided for a short time during the transition to digital television 

broadcasting, and ask for its immediate consideration in the House. 

The Clerk read the title of the Senate 

bill. 

The SPEAKER pro tempore. Is there 

objection to the request of the gentlewoman from California? 

There was no objection. 

The text of the Senate bill is as follows: 

S. 3663 

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 ‘‘Short-term 

Analog Flash and Emergency Readiness 

Act’’. 

SEC. 2. COMMISSION ACTION REQUIRED. 

(a) PROGRAM REQUIRED.—Notwithstanding 

any other provision of law, the Federal Communications Commission shall, not later 

than January 15, 2009, develop and implement a program to encourage and permit, to 

the extent technically feasible and subject to 

such limitations as the Commission finds to 

be consistent with the public interest and 

the requirements of this Act, the broadcasting in the analog television service of 

only the public safety information and digital transition information specified in subsection (b) during the 30-day period beginning on the day after the date established by 

law under section 3002(b) of the Digital Television Transition and Public Safety Act of 

2005 for termination of all licenses for fullpower television stations in the analog television service and the cessation of broadcasting by full-power stations in the analog 

television service. 

(b) INFORMATION REQUIRED.—The program 

required by subsection (a) shall provide for 

the broadcast of— 

H10944 CONGRESSIONAL RECORD — HOUSE December 10, 2008 

(1) emergency information, including critical details regarding the emergency, as 

broadcast or required to be broadcast by fullpower stations in the digital television service; 

(2) information, in both English and Spanish, and accessible to persons with disabilities, concerning— 

(A) the digital television transition, including the fact that a transition has taken 

place and that additional action is required 

to continue receiving television service, including emergency notifications; and 

(B) the steps required to enable viewers to 

receive such emergency information via the 

digital television service and to convert to 

receiving digital television service, including 

a phone number and Internet address by 

which help with such transition may be obtained in both English and Spanish; and 

(3) such other information related to consumer education about the digital television 

transition or public health and safety or 

emergencies as the Commission may find to 

be consistent with the public interest. 

SEC. 3. LIMITATIONS. 

In designing the program required by this 

Act, the Commission shall— 

(1) take into account market-by-market 

needs, based upon factors such as channel 

and transmitter availability; 

(2) ensure that broadcasting of the program specified in section 2(b) will not cause 

harmful interference with signals in the digital television service; 

(3) not require the analog television service signals broadcast under this Act to be retransmitted or otherwise carried pursuant to 

section 325(b), 338, 339, 340, 614, or 615 of the 

Communications Act of 1934 (47 U.S.C. 325(b), 

338, 339, 340, 614, or 615); 

(4) take into consideration broadcasters’ 

digital power levels and transition and coordination plans that already have been 

adopted with respect to cable systems and 

satellite carriers’ systems; 

(5) prohibit any broadcast of analog television service signals under section 2(b) on 

any spectrum that is approved or pending approval by the Commission to be used for public safety radio services, including television 

channels 14-20; and 

(6) not include the analog spectrum between channels 52 and 69, inclusive (between 

frequencies 698 and 806 megahertz, inclusive) 

reclaimed from analog television broadcasting pursuant to section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)). 

SEC. 4. DEFINITIONS. 

As used in this Act, the term ‘‘emergency 

information’’ has the meaning such term has 

under part 79 of the regulations of the Federal Communications Commission (47 C.F.R. 

part 79). 

Mrs. CAPPS. Mr. Speaker, I rise 

today in strong support of S. 3663, the 

Short-term Analog Flash and Emergency Readiness Act. 

On February 18, 2009, full-power television stations in the United States 

will stop broadcasting in analog and 

transition to all-digital broadcasting. 

This is undoubtedly an important step 

forward for our country; it allows us to 

more efficiently utilize our airwaves, 

and to lay the groundwork for a nationwide public safety network. However, we must proceed with caution to 

ensure that segments of our population 

are not left behind and remain informed in cases of emergency. 

That is why I introduced the SAFER 

Act. This bill creates a program within 

the FCC that allows for the continuation of analog signals to televisions 

for 30 days following the DTV transition. It ensures that, once the digital 

television transition has taken place, 

unprepared analog televisions will receive a short ‘‘slide’’—in English and 

Spanish—explaining that the digital 

transition has occurred and what viewers need to do to continue receiving 

television broadcasts. The bill also allows for emergency communications, 

such as natural disaster alerts, to be 

broadcast to unprepared analog televisions. The fires that raged through 

my congressional district and other 

parts of southern California last month 

are an example of alerts that could be 

broadcast to television viewers who 

were unprepared for the DTV transition. 

According to the GAO, over 17 million households rely exclusively on 

analog over-the-air television, and 

while broadcasters, the FCC and others 

have been working furiously to let 

them know about the upcoming transition, there will inevitably be some 

folks left behind. In fact, that is exactly what happened after an FCC 

‘‘test’’ transition in Wilmington, NC. 

Despite saturation advertising announcing the change and a geographic 

topography most conducive to it, nearly 2,000 households woke up to find that 

their televisions did not work; when 

extrapolated to the entire Nation this 

could mean that at least 1.5 million 

households will wake up on February 

18 without a working television. 

We also know that certain segments 

of our population will likely be disproportionately impacted by the digital transition: Latinos, African Americans, and seniors. As someone who represents a congressional district that is 

42 percent Latino and has many senior 

citizens, I find this very troubling. 

Clearly, we should be doing everything 

we can to ensure that no Americans 

are left behind during this important 

time. 

Mr. Speaker, I am grateful to my colleague Senator ROCKEFELLER and his 

staff for taking leadership on this important bill in the Senate, and to 

Chairman DINGELL and his staff for 

working closely with us to ensure that 

no one is left behind by the DTV transition. 

I urge my colleagues to support S. 

3663, the Short-term Analog Flash and 

Emergency Readiness Act. 

The Senate bill was ordered to be 

read a third time, was read the third 

time, and passed, and a motion to reconsider was laid on the table. 

f 

GENERAL LEAVE 

Mrs. CAPPS. Mr. Speaker, I ask 

unanimous consent that all Members 

may have 5 legislative days to revise 

and extend their remarks and to include extraneous material on the bill 

that was just passed by the House. 

The SPEAKER pro tempore. Is there 

objection to the request of the gentlewoman from California? 

There was no objection. 

MAKING A TECHNICAL CORRECTION TO THE PAUL WELLSTONE 

AND PETE DOMENICI MENTAL 

HEALTH PARITY AND ADDICTION 

EQUITY ACT OF 2008 

Mrs. CAPPS. Mr. Speaker, I ask 

unanimous consent that the Committees on Energy and Commerce, Education and Labor, and Ways and Means 

be discharged from further consideration of the Senate bill (S. 3712) to 

make a technical correction in the 

Paul Wellstone and Pete Domenici 

Mental Health Parity and Addiction 

Equity Act of 2008, and ask for its immediate consideration in the House. 

The Clerk read the title of the Senate 

bill. 

The SPEAKER pro tempore. Is there 

objection to the request of the gentlewoman from California? 

There was no objection. 

The text of the Senate bill is as follows: 

S. 3712 

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

Congress assembled, 

SECTION 1. TECHNICAL CORRECTION IN MENTAL 

HEALTH PARITY EFFECTIVE DATE. 

Section 512(e)(2)(B) of the Paul Wellstone 

and Pete Domenici Mental Health Parity and 

Addiction Equity Act of 2008 (subtitle B of 

title V of division C of Public Law 110–343) is 

amended by striking ‘‘January 1, 2009’’ and 

inserting ‘‘January 1, 2010’’. 

The Senate bill was ordered to be 

read a third time, was read the third 

time, and passed, and a motion to reconsider was laid on the table. 

f 

GENERAL LEAVE 

Mrs. CAPPS. I ask unanimous consent that all Members may have 5 legislative days to revise and extend their 

remarks and to include extraneous material on the bill just passed by the 

House. 

The SPEAKER pro tempore. Is there 

objection to the request of the gentlewoman from California? 

There was no objection. 

f 

ENSURING THAT THE COMPENSATION AND OTHER EMOLUMENTS 

ATTACHED TO THE OFFICE OF 

SECRETARY OF STATE ARE 

THOSE WHICH WERE IN EFFECT 

ON JANUARY 1, 2007 

Mr. DAVIS of Illinois. Mr. Speaker, I 

ask unanimous consent to take from 

the Speaker’s table S.J. Res. 46 and ask 

for its immediate consideration in the 

House. 

The Clerk read the title of the Senate 

joint resolution. 

The SPEAKER pro tempore. Is there 

objection to the request of the gentleman from Illinois? 

Mr. ISSA. Mr. Speaker, I reserve the 

right to object. If I could inquire of the 

gentleman: Would this bill, in fact, 

proactively cover the Secretary of 

State if it is Senator HILLARY CLINTON? 

Mr. DAVIS of Illinois. Yes, it covers 

whoever is nominated.