Deficit Reduction Act of 2005, Title III Digital Television and Public Safety

PUBLIC LAW 109–171—FEB. 8, 2006

DEFICIT REDUCTION ACT OF 2005

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120 STAT. 4

PUBLIC LAW 109–171—FEB. 8, 2006

Public Law 109–171
109th Congress
An Act
Feb. 8, 2006
[S. 1932]
Deficit Reduction
Act of 2005.
42 USC 1305
note.

To provide for reconciliation pursuant to section 202(a) of the concurrent resolution
on the budget for fiscal year 2006 (H. Con. Res. 95).

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 ‘‘Deficit Reduction Act of 2005’’.
SEC. 2. TABLE OF TITLES.

The table of titles is as follows:
TITLE I—AGRICULTURE PROVISIONS
TITLE II—HOUSING AND DEPOSIT INSURANCE PROVISIONS
TITLE III—DIGITAL TELEVISION TRANSITION AND PUBLIC SAFETY
TITLE IV—TRANSPORTATION PROVISIONS
TITLE V—MEDICARE
TITLE VI—MEDICAID AND SCHIP
TITLE VII—HUMAN RESOURCES AND OTHER PROVISIONS
TITLE VIII—EDUCATION AND PENSION BENEFIT PROVISIONS
TITLE IX—LIHEAP PROVISIONS
TITLE X—JUDICIARY RELATED PROVISIONS
Agricultural
Reconciliation
Act of 2005.
7 USC 7901 note.

TITLE I—AGRICULTURE PROVISIONS
SECTION 1001. SHORT TITLE.

This title may be cited as the ‘‘Agricultural Reconciliation Act
of 2005’’.

Subtitle A—Commodity Programs
SEC. 1101. NATIONAL DAIRY MARKET LOSS PAYMENTS.
Effective dates.

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(a) AMOUNT.—Section 1502(c) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 7982(c)) is amended by striking
paragraph (3) and inserting the following new paragraph:
‘‘(3)(A) during the period beginning on the first day of
the month the producers on a dairy farm enter into a contract
under this section and ending on September 30, 2005, 45 percent;
‘‘(B) during the period beginning on October 1, 2005, and
ending on August 31, 2007, 34 percent; and

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PUBLIC LAW 109–171—FEB. 8, 2006

120 STAT. 21

to section 2102, the assessment regulations in effect immediately before the date of the enactment of this Act shall continue to apply to all members of the Deposit Insurance Fund,
until such regulations are modified by the Corporation, notwithstanding that such regulations may refer to ‘‘Bank Insurance
Fund members’’ or ‘‘Savings Association Insurance Fund members’’.

TITLE III—DIGITAL TELEVISION
TRANSITION AND PUBLIC SAFETY

Digital Television
Transition and
Public Safety Act
of 2005.
47 USC 309 note.

SEC. 3001. SHORT TITLE; DEFINITION.

(a) SHORT TITLE.—This title may be cited as the ‘‘Digital Television Transition and Public Safety Act of 2005’’.
(b) DEFINITION.—As used in this Act, the term ‘‘Assistant Secretary’’ means the Assistant Secretary for Communications and
Information of the Department of Commerce.
SEC. 3002. ANALOG SPECTRUM RECOVERY: FIRM DEADLINE.

(a) AMENDMENTS.—Section 309(j)(14) of the Communications
Act of 1934 (47 U.S.C. 309(j)(14)) is amended—
(1) in subparagraph (A)—
(A) by inserting ‘‘full-power’’ before ‘‘television broadcast license’’; and
(B) by striking ‘‘December 31, 2006’’ and inserting ‘‘February 17, 2009’’;
(2) by striking subparagraph (B);
(3) in subparagraph (C)(i)(I), by striking ‘‘or (B)’’;
(4) in subparagraph (D), by striking ‘‘subparagraph (C)(i)’’
and inserting ‘‘subparagraph (B)(i)’’; and
(5) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively.
(b) TERMINATIONS OF ANALOG LICENSES AND BROADCASTING.—
The Federal Communications Commission shall take such actions
as are necessary—
(1) to terminate all licenses for full-power television stations
in the analog television service, and to require the cessation
of broadcasting by full-power stations in the analog television
service, by February 18, 2009; and
(2) to require by February 18, 2009, that all broadcasting
by Class A stations, whether in the analog television service
or digital television service, and all broadcasting by full-power
stations in the digital television service, occur only on channels
between channels 2 and 36, inclusive, or 38 and 51, inclusive
(between frequencies 54 and 698 megahertz, inclusive).
(c) CONFORMING AMENDMENTS.—
(1) Section 337(e) of the Communications Act of 1934 (47
U.S.C. 337(e)) is amended—
(A) in paragraph (1)—
(i) by striking ‘‘CHANNELS 60 TO 69’’ and inserting
‘‘CHANNELS 52 TO 69’’;
(ii) by striking ‘‘person who’’ and inserting ‘‘fullpower television station licensee that’’;
(iii) by striking ‘‘746 and 806 megahertz’’ and
inserting ‘‘698 and 806 megahertz’’; and

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120 STAT. 22

PUBLIC LAW 109–171—FEB. 8, 2006
(iv) by striking ‘‘the date on which the digital
television service transition period terminates, as
determined by the Commission’’ and inserting ‘‘February 17, 2009’’;
(B) in paragraph (2), by striking ‘‘746 megahertz’’ and
inserting ‘‘698 megahertz’’.
SEC. 3003. AUCTION OF RECOVERED SPECTRUM.

(a) DEADLINE FOR AUCTION.—Section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) is amended—
(1) by redesignating the second paragraph (15) of such
section (as added by section 203(b) of the Commercial Spectrum
Enhancement Act (Public Law 108–494; 118 Stat. 3993)), as
paragraph (16) of such section; and
(2) in the first paragraph (15) of such section (as added
by section 3(a) of the Auction Reform Act of 2002 (Public
Law 107–195; 116 Stat. 716)), by adding at the end of subparagraph (C) the following new clauses:
‘‘(v) ADDITIONAL DEADLINES FOR RECOVERED ANALOG SPECTRUM.—Notwithstanding subparagraph (B),
the Commission shall conduct the auction of the
licenses for recovered analog spectrum by commencing
the bidding not later than January 28, 2008, and shall
deposit the proceeds of such auction in accordance
with paragraph (8)(E)(ii) not later than June 30, 2008.
‘‘(vi) RECOVERED ANALOG SPECTRUM.—For purposes
of clause (v), the term ‘recovered analog spectrum’
means the spectrum between channels 52 and 69,
inclusive (between frequencies 698 and 806 megahertz,
inclusive) reclaimed from analog television service
broadcasting under paragraph (14), other than—
‘‘(I) the spectrum required by section 337 to
be made available for public safety services; and
‘‘(II) the spectrum auctioned prior to the date
of enactment of the Digital Television Transition
and Public Safety Act of 2005.’’.
(b) EXTENSION OF AUCTION AUTHORITY.—Section 309(j)(11) of
such Act (47 U.S.C. 309(j)(11)) is amended by striking ‘‘2007’’ and
inserting ‘‘2011’’.
SEC. 3004. RESERVATION OF AUCTION PROCEEDS.

Section 309(j)(8) of the Communications Act of 1934 (47 U.S.C.
309(j)(8)) is amended—
(1) in subparagraph (A), by striking ‘‘subparagraph (B)
or subparagraph (D)’’ and inserting ‘‘subparagraphs (B), (D),
and (E)’’;
(2) in subparagraph (C)(i), by inserting before the semicolon
at the end the following: ‘‘, except as otherwise provided in
subparagraph (E)(ii)’’; and
(3) by adding at the end the following new subparagraph:
‘‘(E) TRANSFER OF RECEIPTS.—
‘‘(i) ESTABLISHMENT OF FUND.—There is established in the Treasury of the United States a fund
to be known as the Digital Television Transition and
Public Safety Fund.
‘‘(ii) PROCEEDS FOR FUNDS.—Notwithstanding
subparagraph (A), the proceeds (including deposits and
upfront payments from successful bidders) from the

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PUBLIC LAW 109–171—FEB. 8, 2006

120 STAT. 23

use of a competitive bidding system under this subsection with respect to recovered analog spectrum shall
be deposited in the Digital Television Transition and
Public Safety Fund.
‘‘(iii) TRANSFER OF AMOUNT TO TREASURY.—On September 30, 2009, the Secretary shall transfer
$7,363,000,000 from the Digital Television Transition
and Public Safety Fund to the general fund of the
Treasury.
‘‘(iv) RECOVERED ANALOG SPECTRUM.—For purposes
of clause (i), the term ‘recovered analog spectrum’ has
the meaning provided in paragraph (15)(C)(vi).’’.
SEC. 3005. DIGITAL-TO-ANALOG CONVERTER BOX PROGRAM.

(a) CREATION OF PROGRAM.—The Assistant Secretary shall—
(1) implement and administer a program through which
households in the United States may obtain coupons that can
be applied toward the purchase of digital-to-analog converter
boxes; and
(2) make payments of not to exceed $990,000,000, in the
aggregate, through fiscal year 2009 to carry out that program
from the Digital Television Transition and Public Safety Fund
established under section 309(j)(8)(E) of the Communications
Act of 1934 (47 U.S.C. 309(j)(8)(E)).
(b) CREDIT.—The Assistant Secretary may borrow from the
Treasury beginning on October 1, 2006, such sums as may be
necessary, but not to exceed $1,500,000,000, to implement this
section. The Assistant Secretary shall reimburse the Treasury, without interest, as funds are deposited into the Digital Television
Transition and Public Safety Fund.
(c) PROGRAM SPECIFICATIONS.—
(1) LIMITATIONS.—
(A) TWO-PER-HOUSEHOLD MAXIMUM.—A household may
obtain coupons by making a request as required by the
regulations under this section between January 1, 2008,
and March 31, 2009, inclusive. The Assistant Secretary
shall ensure that each requesting household receives, via
the United States Postal Service, no more than two coupons.
(B) NO COMBINATIONS OF COUPONS.—Two coupons may
not be used in combination toward the purchase of a single
digital-to-analog converter box.
(C) DURATION.—All coupons shall expire 3 months after
issuance.
(2) DISTRIBUTION OF COUPONS.—The Assistant Secretary
shall expend not more than $100,000,000 on administrative
expenses and shall ensure that the sum of—
(A) all administrative expenses for the program,
including not more than $5,000,000 for consumer education
concerning the digital television transition and the availability of the digital-to-analog converter box program; and
(B) the total maximum value of all the coupons
redeemed, and issued but not expired, does not exceed
$990,000,000.
(3) USE OF ADDITIONAL AMOUNT.—If the Assistant Secretary
transmits to the Committee on Energy and Commerce of the
House of Representatives and Committee on Commerce,

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120 STAT. 24

PUBLIC LAW 109–171—FEB. 8, 2006
Science, and Transportation of the Senate a statement certifying that the sum permitted to be expended under paragraph
(2) will be insufficient to fulfill the requests for coupons from
eligible households—
(A) paragraph (2) shall be applied—
(i)
by
substituting
‘‘$160,000,000’’
for
‘‘$100,000,000’’; and
(ii)
by
substituting
‘‘$1,500,000,000’’
for
‘‘$990,000,000’’;
(B) subsection (a)(2) shall be applied by substituting
‘‘$1,500,000,000’’ for ‘‘$990,000,000’’; and
(C) the additional amount permitted to be expended
shall be available 60 days after the Assistant Secretary
sends such statement.
(4) COUPON VALUE.—The value of each coupon shall be
$40.
(d) DEFINITION OF DIGITAL-TO-ANALOG CONVERTER BOX.—For
purposes of this section, the term ‘‘digital-to-analog converter box’’
means a stand-alone device that does not contain features or functions except those necessary to enable a consumer to convert any
channel broadcast in the digital television service into a format
that the consumer can display on television receivers designed
to receive and display signals only in the analog television service,
but may also include a remote control device.

Applicability.

Deadline.

SEC. 3006. PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS.

Effective date.

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(a) CREATION OF PROGRAM.—The Assistant Secretary, in consultation with the Secretary of the Department of Homeland
Security—
(1) may take such administrative action as is necessary
to establish and implement a grant program to assist public
safety agencies in the acquisition of, deployment of, or training
for the use of interoperable communications systems that utilize, or enable interoperability with communications systems
that can utilize, reallocated public safety spectrum for radio
communication; and
(2) shall make payments of not to exceed $1,000,000,000,
in the aggregate, through fiscal year 2010 to carry out that
program from the Digital Television Transition and Public
Safety Fund established under section 309(j)(8)(E) of the
Communications Act of 1934 (47 U.S.C. 309(j)(8)(E)).
(b) CREDIT.—The Assistant Secretary may borrow from the
Treasury beginning on October 1, 2006, such sums as may be
necessary, but not to exceed $1,000,000,000, to implement this
section. The Assistant Secretary shall reimburse the Treasury, without interest, as funds are deposited into the Digital Television
Transition and Public Safety Fund.
(c) CONDITION OF GRANTS.—In order to obtain a grant under
the grant program, a public safety agency shall agree to provide,
from non-Federal sources, not less than 20 percent of the costs
of acquiring and deploying the interoperable communications systems funded under the grant program.
(d) DEFINITIONS.—For purposes of this section:
(1) PUBLIC SAFETY AGENCY.—The term ‘‘public safety
agency’’ means any State, local, or tribal government entity,
or nongovernmental organization authorized by such entity,

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whose sole or principal purpose is to protect the safety of
life, health, or property.
(2) INTEROPERABLE COMMUNICATIONS SYSTEMS.—The term
‘‘interoperable communications systems’’ means communications systems which enable public safety agencies to share
information amongst local, State, Federal, and tribal public
safety agencies in the same area via voice or data signals.
(3) REALLOCATED PUBLIC SAFETY SPECTRUM.—The term
‘‘reallocated public safety spectrum’’ means the bands of spectrum located at 764–776 megahertz and 794–806 megahertz,
inclusive.
SEC. 3007. NYC 9/11 DIGITAL TRANSITION.

(a) FUNDS AVAILABLE.—From the Digital Television Transition
and Public Safety Fund established under section 309(j)(8)(E) of
the Communications Act of 1934 (47 U.S.C. 309(j)(8)(E)) the Assistant Secretary shall make payments of not to exceed $30,000,000,
in the aggregate, which shall be available to carry out this section
for fiscal years 2007 through 2008. The Assistant Secretary may
borrow from the Treasury beginning October 1, 2006, such sums
as may be necessary not to exceed $30,000,000 to implement and
administer the program in accordance with this section. The Assistant Secretary shall reimburse the Treasury, without interest, as
funds are deposited into the Digital Television Transition and Public
Safety Fund.
(b) USE OF FUNDS.—The sums available under subsection (a)
shall be made available by the Assistant Secretary by grant to
be used to reimburse the Metropolitan Television Alliance for costs
incurred in the design and deployment of a temporary digital television broadcast system to ensure that, until a permanent facility
atop the Freedom Tower is constructed, the members of the Metropolitan Television Alliance can provide the New York City area
with an adequate digital television signal as determined by the
Federal Communications Commission.
(c) DEFINITIONS.—For purposes of this section:
(1) METROPOLITAN TELEVISION ALLIANCE.—The term
‘‘Metropolitan Television Alliance’’ means the organization
formed by New York City television broadcast station licensees
to locate new shared facilities as a result of the attacks on
September 11, 2001 and the loss of use of shared facilities
that housed broadcast equipment.
(2) NEW YORK CITY AREA.—The term ‘‘New York City area’’
means the five counties comprising New York City and counties
of northern New Jersey in immediate proximity to New York
City (Bergen, Essex, Union, and Hudson Counties).

New York.
New Jersey.

Effective date.

Grants.

SEC. 3008. LOW-POWER TELEVISION AND TRANSLATOR DIGITAL-TOANALOG CONVERSION.

(a) CREATION OF PROGRAM.—The Assistant Secretary shall
make payments of not to exceed $10,000,000, in the aggregate,
during the fiscal year 2008 and 2009 period from the Digital Television Transition and Public Safety Fund established under section
309(j)(8)(E) of the Communications Act of 1934 (47 U.S.C.
309(j)(8)(E)) to implement and administer a program through which
each eligible low-power television station may receive compensation
toward the cost of the purchase of a digital-to-analog conversion
device that enables it to convert the incoming digital signal of
its corresponding full-power television station to analog format for

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PUBLIC LAW 109–171—FEB. 8, 2006
transmission on the low-power television station’s analog channel.
An eligible low-power television station may receive such compensation only if it submits a request for such compensation on or
before February 17, 2009. Priority compensation shall be given
to eligible low-power television stations in which the license is
held by a non-profit corporation and eligible low-power television
stations that serve rural areas of fewer than 10,000 viewers.
(b) CREDIT.—The Assistant Secretary may borrow from the
Treasury beginning October 1, 2006, such sums as may be necessary, but not to exceed $10,000,000, to implement this section.
The Assistant Secretary shall reimburse the Treasury, without
interest, as funds are deposited into the Digital Television Transition and Public Safety Fund.
(c) ELIGIBLE STATIONS.—For purposes of this section, the term
‘‘eligible low-power television station’’ means a low-power television
broadcast station, Class A television station, television translator
station, or television booster station—
(1) that is itself broadcasting exclusively in analog format;
and
(2) that has not purchased a digital-to-analog conversion
device prior to the date of enactment of the Digital Television
Transition and Public Safety Act of 2005.

Deadline.

SEC. 3009. LOW-POWER TELEVISION AND TRANSLATOR UPGRADE PROGRAM.

Effective date.

(a) ESTABLISHMENT.—The Assistant Secretary shall make payments of not to exceed $65,000,000, in the aggregate, during fiscal
year 2009 from the Digital Television Transition and Public Safety
Fund established under section 309(j)(8)(E) of the Communications
Act of 1934 (47 U.S.C. 309(j)(8)(E)) to implement and administer
a program through which each licensee of an eligible low-power
television station may receive reimbursement for equipment to
upgrade low-power television stations from analog to digital in
eligible rural communities, as that term is defined in section
610(b)(2) of the Rural Electrification Act of 1937 (7 U.S.C.
950bb(b)(2)). Such reimbursements shall be issued to eligible stations no earlier than October 1, 2010. Priority reimbursements
shall be given to eligible low-power television stations in which
the license is held by a non-profit corporation and eligible lowpower television stations that serve rural areas of fewer than 10,000
viewers.
(b) ELIGIBLE STATIONS.—For purposes of this section, the term
‘‘eligible low-power television station’’ means a low-power television
broadcast station, Class A television station, television translator
station, or television booster station—
(1) that is itself broadcasting exclusively in analog format;
and
(2) that has not converted from analog to digital operations
prior to the date of enactment of the Digital Television Transition and Public Safety Act of 2005.
SEC. 3010. NATIONAL ALERT AND TSUNAMI WARNING PROGRAM.

The Assistant Secretary shall make payments of not to exceed
$156,000,000, in the aggregate, during the fiscal year 2007 through
2012 period from the Digital Television Transition and Public Safety
Fund established under section 309(j)(8)(E) of the Communications
Act of 1934 (47 U.S.C. 309(j)(8)(E)) to implement a unified national
alert system capable of alerting the public, on a national, regional,

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or local basis to emergency situations by using a variety of communications technologies. The Assistant Secretary shall use
$50,000,000 of such amounts to implement a tsunami warning
and coastal vulnerability program.
SEC. 3011. ENHANCE 911.

The Assistant Secretary shall make payments of not to exceed
$43,500,000, in the aggregate, from the Digital Television Transition
and Public Safety Fund established under section 309(j)(8)(E) of
the Communications Act of 1934 (47 U.S.C. 309(j)(8)(E)) to implement the ENHANCE 911 Act of 2004.
SEC. 3012. ESSENTIAL AIR SERVICE PROGRAM.

(a) IN GENERAL.—If the amount appropriated to carry out the
essential air service program under subchapter II of chapter 417
of title 49, United States Code, equals or exceeds $110,000,000
for fiscal year 2007 or 2008, then the Secretary of Commerce shall
make $15,000,000 available, from the Digital Television Transition
and Public Safety Fund established by section 309(j)(8)(E) of the
Communications Act of 1934 (47 U.S.C. 309(j)(8)(E)), to the Secretary of Transportation for use in carrying out the essential air
service program for that fiscal year.
(b) APPLICATION WITH OTHER FUNDS.—Amounts made available
under subsection (a) for any fiscal year shall be in addition to
any amounts—
(1) appropriated for that fiscal year; or
(2) derived from fees collected pursuant to section
45301(a)(1) of title 49, United States Code, that are made
available for obligation and expenditure to carry out the essential air service program for that fiscal year.
(c) ADVANCES.—The Secretary of Transportation may borrow
from the Treasury such sums as may be necessary, but not to
exceed $30,000,000 on a temporary and reimbursable basis to implement subsection (a). The Secretary of Transportation shall
reimburse the Treasury, without interest, as funds are deposited
into the Digital Television Transition and Public Safety Fund under
section 309(j)(8)(E) of the Communications Act of 1934 (47 U.S.C.
309(j)(8)(E)) and made available to the Secretary under subsection
(a).
SEC. 3013. SUPPLEMENTAL LICENSE FEES.

In addition to any fees assessed under the Communications
Act of 1934 (47 U.S.C. 151 et seq.), the Federal Communications
Commission shall assess extraordinary fees for licenses in the aggregate amount of $10,000,000, which shall be deposited in the
Treasury during fiscal year 2006 as offsetting receipts.

TITLE IV—TRANSPORTATION
PROVISIONS
SEC. 4001. EXTENSION OF VESSEL TONNAGE DUTIES.

(a) EXTENSION OF DUTIES.—Section 36 of the Act entitled ‘‘An
Act to provide revenue, equalize duties and encourage the industries
of the United States, and for other purposes’’, approved August
5, 1909 (36 Stat. 111; 46 U.S.C. App. 121), is amended—

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