Broadcast Decency Enforcement Act of 2004
To increase the penalties for violations by television and radio broadcasters of the prohibitions against transmissions of obscene, indecent, and profane material, and for other purposes.
Also known as FCC Indecency Penalties bill
Legislative Activity
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Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 464.
March 26, 2004
View full timeline
Introduced in House
January 21, 2004
Referred to the House Committee on Energy and Commerce.
January 21, 2004
Referred to the Subcommittee on Telecommunications and the Internet.
February 3, 2004
Subcommittee Hearings Held.
February 11, 2004
Subcommittee Consideration and Mark-up Session Held.
February 12, 2004
Forwarded by Subcommittee to Full Committee by Voice Vote.
February 12, 2004
Subcommittee Hearings Held.
February 26, 2004
Committee Consideration and Mark-up Session Held.
March 3, 2004
Ordered to be Reported (Amended) by Voice Vote.
March 3, 2004
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 108-434.
March 9, 2004
Placed on the Union Calendar, Calendar No. 251.
March 9, 2004
Rules Committee Resolution H. Res. 554 Reported to House. Rule provides for consideration of H.R. 3717 with 1 hour and 30 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Energy and Commerce now printed in the bill. Measure will be considered read. Specified amendments are in order.
March 10, 2004 • 6:43 PM
Rule H. Res. 554 passed House.
March 11, 2004 • 10:42 AM
Considered under the provisions of rule H. Res. 554. (consideration: CR H1019-1035)
March 11, 2004 • 10:42 AM
Rule provides for consideration of H.R. 3717 with 1 hour and 30 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Energy and Commerce now printed in the bill. Measure will be considered read. Specified amendments are in order.
March 11, 2004 • 10:42 AM
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 554 and Rule XVIII.
March 11, 2004 • 10:43 AM
The Speaker designated the Honorable Bob Goodlatte to act as Chairman of the Committee.
March 11, 2004 • 10:43 AM
GENERAL DEBATE - The Committee of the Whole proceeded with ninety minutes of general debate on H.R. 3717.
March 11, 2004 • 10:43 AM
DEBATE - Pursuant to the provisions in H. Res. 554 the Committee of the Whole proceeded with twenty minutes of debate on the Upton amendment.
March 11, 2004 • 12:27 PM
DEBATE - Pursuant to the provisions of H. Res. 554 the Committee of the Whole proceeded with ten minutes of debate on the Sessions amendment.
March 11, 2004 • 12:33 PM
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3717.
March 11, 2004 • 12:36 PM
The previous question was ordered pursuant to the rule.
March 11, 2004 • 12:36 PM
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (consideration: CR H1034; text: CR H1031-1033)
March 11, 2004 • 12:36 PM
On passage Passed by recorded vote: 391 - 22, 1 Present (Roll no. 55).
March 11, 2004 • 1:00 PM
Motion to reconsider laid on the table Agreed to without objection.
March 11, 2004 • 1:00 PM
The title of the measure was amended. Agreed to without objection.
March 11, 2004 • 1:00 PM
Received in the Senate.
March 11, 2004
Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
March 25, 2004
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 464.
March 26, 2004
Voting History
1 vote recorded • Roll call available
Amendments
2 amendmentsOffered to this bill
Amendments
2 amendmentsOffered to this bill
No matches
An amendment numbered 2 printed in House Report 108-436 to require the Government Accounting Office (GAO) to study the number of indecency complaints received by the FCC, the mechanisms established to receive and respond to complaints, and actions taken by the commission, and the time needed to issue a final decision.
Adds SEC. 11. GAO STUDY OF INDECENT BROADCASTING COMPLAINTS after section 10
On agreeing to the Sessions amendment (A002) Agreed to by voice vote. · Sponsored by Pete Sessions
An amendment numbered 1 printed in House report 108-436 to add language to preserve a licensee's right to appeal a violation or fine before it could be considered during a license application or renewal proceeding or used in a revocation proceeding initiated under the bill's "three strikes" provision.
Rewrites section 503(d)(2) · +1 more change
On agreeing to the Upton amendment (A001) Agreed to by voice vote. · Sponsored by Fred Upton
Floor Debate
23 membersWhat members said about H.R. 3717 on the floor




+18
Floor Debate
23 membersWhat members said about H.R. 3717 on the floor
Mr. Chairman, I thank the gentleman for yielding me this time and for his leadership, and I rise in support of the Ose- Maloney amendment, a compromise approach to deposit insurance coverage that…
Mr. Chairman, I yield myself 7 minutes. Mr. Chairman, I rise in support of H.R. 522, the Federal Deposit Insurance Reform Act of 2003. I want to begin by thanking the gentleman from Ohio (Mr. Oxley),…
Mr. Speaker, I want to compliment the Committee on Rules and the leadership for getting this bill on a fast track, and I want to compliment my colleagues on the Committee on Energy and Commerce. We…
Mr. Chairman, I rise today in strong support of H.R. 522, the Federal Deposit Insurance Reform Act of 2003. Our country has the largest, most complex, most stable banking system in the world. Deposit…
Mr. Chairman, I yield myself 7 minutes. Mr. Chairman, I rise in support of this legislation. This is a bipartisan bill that the Subcommittee on Telecommunications and the Internet, led by the…
Show 8 more
Mr. Chairman, Americans are right to be outraged at much of the content of broadcast television and radio today. Too many television and radio programs regularly mock the values of millions of…
Mr. Speaker, I rise in strong opposition to the rules for H.R. 3717. Yesterday I offered an amendment to the bill that would end industry-paid travel for commissioners and staff of the Federal…
Mr Chairman, banks that primarily serve agricultural customer remain concerned with the possibility of having to rely more and more on nontraditional funding sources to support their asset growth and…
Mr. Speaker, I am in support of this rule. The Broadcast Decency Enforcement Act of 2004, H.R. 3717, has overwhelming bipartisan support. H.R. 3717, which was adopted on a vote of 49 to 1 by my…
Mr. Chairman, I offer an amendment. The CHAIRMAN: The Clerk will designate the amendment. Mr. Chairman, I yield myself 5 minutes. Mr. Chairman, I fully support many of the reforms in H.R. 522 but…
Mr. Speaker, I yield myself such time as I may consume. (Mr. FROST asked and was given permission to revise and extend his remarks.) Mr. Speaker, I thank the gentlewoman from North Carolina for…
Mr. Chairman, I want to thank the ranking member for yielding me time. I want to engage in colloquy with the chairman of the subcommittee, the gentleman from Michigan (Mr. Upton). During a recent…
Mr. Chairman, this Member rises today to express his support for H.R. 522, the Federal Deposit Insurance Reform Act. This bill, of which this Member is an original cosponsor, will encourage private…
Show 11 more
Mr. Chairman, I yield to my colleague from California (Mr. Waxman.) Mr. Chairman, I rise in support of the Broadcast Decency and Enforcement Act of 2004, which is a bipartisan product of the House…
Mr. Speaker, 100 million people viewed this year's Super Bowl. It was a great football game. Unfortunately, most of the publicity did not focus on the football game, it rather focused on the…
Mr. Speaker, earlier this month I was not present for several recorded votes because pressing business required me to remain in Colorado. If I had been present, I would have voted as follows:…
Mr. Chairman, I rise in support of H.R. 3717, a bill that would increase the fines the Federal Communications Commission can impose for the broadcast of obscene, indecent, or profane material. The…
Mr. Speaker, I rise for the purpose of inquiring of the majority leader the schedule for the week to come. I yield to the gentleman from Texas. Mr. Speaker, I thank the gentleman for that…
Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I support this legislation. It is a very useful synthesis of several important elements. It merges the two bank funds. We have…
Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 554 and ask for its immediate consideration. Mr. Speaker, for purposes of debate only, I yield the customary 30 minutes…
Mr. Speaker, will the gentleman yield? Mr. Speaker, the House will convene on Tuesday at 12:30 for morning hour debates and 2 p.m. for legislative business. We will consider several measures under…
Mr. Chairman, I rise today in support of the Federal Deposit Insurance Reform Act of 2003. This much needed, bipartisan legislation will help rural communities in my district, as well as thousands of…
Mr. Chairman, never would I have thought that defending the Constitution would be so lonely a job on the floor of the United States House of Representatives. Do not get me wrong, I believe in decency…
Mr. Chairman, I would also like to thank the ranking member, the gentleman from Massachusetts (Mr. Markey), for allowing me to have this time. I rise in strong support of this piece of legislation. I…
Bill Text
4 versions available
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3717 Placed on Calendar Senate (PCS)]
Calendar No. 464
108th CONGRESS
2d Session
H. R. 3717
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 11, 2004
Received
March 25, 2004
Read the first time
March 26, 2004
Read the second time and placed on the calendar
_______________________________________________________________________
AN ACT
To increase the penalties for violations by television and radio
broadcasters of the prohibitions against transmission of obscene,
indecent, and profane material, and for other purposes.
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 ``Broadcast Decency Enforcement Act of
2004''.
SEC. 2. INCREASE IN PENALTIES FOR OBSCENE, INDECENT, AND PROFANE
BROADCASTS.
Section 503(b)(2) of the Communications Act of 1934 (47 U.S.C.
503(b)(2)) is amended--
(1) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively;
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C) Notwithstanding subparagraph (A), if the violator is (i) a
broadcast station licensee or permittee, or (ii) an applicant for any
broadcast license, permit, certificate, or other instrument or
authorization issued by the Commission, and the violator is determined
by the Commission under paragraph (1) to have broadcast obscene,
indecent, or profane material, the amount of any forfeiture penalty
determined under this section shall not exceed $500,000 for each
violation.''; and
(3) in subparagraph (D), as redesignated by paragraph (1)
of this subsection--
(A) by striking ``subparagraph (A) or (B)'' and
inserting ``subparagraph (A), (B), or (C)''; and
(B) by adding at the end the following:
``Notwithstanding the preceding sentence, if the
violator is determined by the Commission under
paragraph (1) to have uttered obscene, indecent, or
profane material (and the case is not covered by
subparagraph (A), (B), or (C)), the amount of any
forfeiture penalty determined under this section shall
not exceed $500,000 for each violation.''.
SEC. 3. ADDITIONAL FACTORS IN INDECENCY PENALTIES; EXCEPTION.
Section 503(b)(2) of the Communications Act of 1934 (47 U.S.C.
503(b)(2)) is further amended by adding at the end (after subparagraph
(E) as redesignated by section 2(1) of this Act) the following new
subparagraphs:
``(F) In the case of a violation in which the violator is
determined by the Commission under paragraph (1) to have uttered
obscene, indecent, or profane material, the Commission shall take into
account, in addition to the matters described in subparagraph (E), the
following factors:
``(i) With respect to the degree of culpability of the
violator, the following:
``(I) whether the material uttered by the violator
was live or recorded, scripted or unscripted;
``(II) whether the violator had a reasonable
opportunity to review recorded or scripted programming
or had a reasonable basis to believe live or unscripted
programming may contain obscene, indecent, or profane
material;
``(III) if the violator originated live or
unscripted programming, whether a time delay blocking
mechanism was implemented for the programming;
``(IV) the size of the viewing or listening
audience of the programming; and
``(V) whether the programming was part of a
children's television program as described in the
Commission's children's television programming policy
(47 CFR 73.4050(c)).
``(ii) With respect to the violator's ability to pay, the
following:
``(I) whether the violator is a company or
individual; and
``(II) if the violator is a company, the size of
the company and the size of the market served.
``(G) A broadcast station licensee or permittee that receives
programming from a network organization, but that is not owned or
controlled, or under common ownership or control with, such network
organization, shall not be subject to a forfeiture penalty under this
subsection for broadcasting obscene, indecent, or profane material,
if--
``(i) such material was within live or recorded programming
provided by the network organization to the licensee or
permittee; and
``(ii)(I) the programming was recorded or scripted, and the
licensee or permittee was not given a reasonable opportunity to
review the programming in advance; or
``(II) the programming was live or unscripted, and the
licensee or permittee had no reasonable basis to believe the
programming would contain obscene, indecent, or profane
material.
The Commission shall by rule define the term `network organization' for
purposes of this subparagraph.''.
SEC. 4. INDECENCY PENALTIES FOR NONLICENSEES.
Section 503(b)(5) of the Communications Act of 1934 (47 U.S.C.
503(b)(5) is amended--
(1) by redesignating subparagraphs (A), (B), and (C) as
clauses (i), (ii), and (iii), respectively;
(2) by inserting ``(A)'' after ``(5)'';
(3) by redesignating the second sentence as subparagraph
(B);
(4) in such subparagraph (B) as redesignated--
(A) by striking ``The provisions of this paragraph
shall not apply, however,'' and inserting ``The
provisions of subparagraph (A) shall not apply (i)'';
(B) by striking ``operator, if the person'' and
inserting ``operator, (ii) if the person'';
(C) by striking ``or in the case of'' and inserting
``(iii) in the case of''; and
(D) by inserting after ``that tower'' the
following: ``, or (iv) in the case of a determination
that a person uttered obscene, indecent, or profane
material that was broadcast by a broadcast station
licensee or permittee, if the person is determined to
have willfully or intentionally made the utterance'';
and
(5) by redesignating the last sentence as subparagraph (C).
SEC. 5. DEADLINES FOR ACTION ON COMPLAINTS.
Section 503(b) of the Communications Act of 1934 (47 U.S.C. 503(b))
is amended by adding at the end thereof the following new paragraph:
``(7) In the case of an allegation concerning the utterance of
obscene, indecent, or profane material that is broadcast by a station
licensee or permittee--
``(A) within 180 days after the date of the receipt of such
allegation, the Commission shall--
``(i) issue the required notice under paragraph (3)
to such licensee or permittee or the person making such
utterance;
``(ii) issue a notice of apparent liability to such
licensee or permittee or person in accordance with
paragraph (4); or
``(iii) notify such licensee, permittee, or person
in writing, and any person submitting such allegation
in writing or by general publication, that the
Commission has determined not to issue either such
notice; and
``(B) if the Commission issues such notice and such
licensee, permittee, or person has not paid a penalty or
entered into a settlement with the Commission, within 270 days
after the date of the receipt of such allegation, the
Commission shall--
``(i) issue an order imposing a forfeiture penalty;
or
``(ii) notify such licensee, permittee, or person
in writing, and any person submitting such allegation
in writing or by general publication, that the
Commission has determined not to issue either such
order.''.
SEC. 6. ADDITIONAL REMEDIES FOR INDECENT BROADCAST.
Section 503 of the Communications Act of 1934 (47 U.S.C. 503) is
further amended by adding at the end the following new subsection:
``(c) Additional Remedies for Indecent Broadcasting.--In any
proceeding under this section in which the Commission determines that
any broadcast station licensee or permittee has broadcast obscene,
indecent, or profane material, the Commission may, in addition to
imposing a penalty under this section, require the licensee or
permittee to broadcast public service announcements that serve the
educational and informational needs of children. Such announcements may
be required to reach an audience that is up to 5 times the size of the
audience that is estimated to have been reached by the obscene,
indecent, or profane material, as determined in accordance with
regulations prescribed by the Commission.''.
SEC. 7. LICENSE DISQUALIFICATION FOR VIOLATIONS OF INDECENCY
PROHIBITIONS.
Section 503 of the Communications Act of 1934 (47 U.S.C. 503) is
further amended by adding at the end (after subsection (c) as added by
section 6) the following new subsection:
``(d) Consideration of License Disqualification for Violations of
Indecency Prohibitions.--If the Commission issues a notice under
paragraph (3) or (4) of subsection (b) to a broadcast station licensee
or permittee looking toward the imposition of a forfeiture penalty
under this Act based on an allegation that the licensee or permittee
broadcast obscene, indecent, or profane material, and either--
``(1) such forfeiture penalty has been paid, or
``(2) a court of competent jurisdiction has ordered payment
of such forfeiture penalty, and such order has become final,
then the Commission shall, in any subsequent proceeding under section
308(b) or 310(d), take into consideration whether the broadcast of such
material demonstrates a lack of character or other qualifications
required to operate a station.''.
SEC. 8. LICENSE RENEWAL CONSIDERATION OF VIOLATIONS OF INDECENCY
PROHIBITIONS.
Section 309(k) of the Communications Act of 1934 (47 U.S.C. 309(k))
is amended by adding at the end the following new paragraph:
``(5) License renewal consideration of violations of
indecency prohibitions.--If the Commission has issued a notice
under paragraph (3) or (4) of section 503(b) to a broadcast
station licensee or permittee with respect to a broadcast
station looking toward the imposition of a forfeiture penalty
under this Act based on an allegation that such broadcast
station broadcast obscene, indecent, or profane material, and--
``(A) such forfeiture penalty has been paid, or
``(B) a court of competent jurisdiction has ordered
payment of such forfeiture penalty, and such order has
become final,
then such violation shall be treated as a serious violation for
purposes of paragraph (1)(B) of this subsection with respect to
the renewal of the license or permit for such station.''.
SEC. 9. LICENSE REVOCATION FOR VIOLATIONS OF INDECENCY PROHIBITIONS.
Section 312 of the Communications Act of 1934 (47 U.S.C. 312) is
amended by adding at the end the following new subsection:
``(h) License Revocation for Violations of Indecency
Prohibitions.--
``(1) Consequences of multiple violations.--If, in each of
3 or more proceedings during the term of any broadcast license,
the Commission issues a notice under paragraph (3) or (4) of
section 503(b) to a broadcast station licensee or permittee
with respect to a broadcast station looking toward the
imposition of a forfeiture penalty under this Act based on an
allegation that such broadcast station broadcast obscene,
indecent, or profane material, and in each such proceeding
either--
``(A) such forfeiture penalty has been paid, or
``(B) a court of competent jurisdiction has ordered
payment of such forfeiture penalty, and such order has
become final,
then the Commission shall commence a proceeding under
subsection (a) of this section to consider whether the
Commission should revoke the station license or construction
permit of that licensee or permittee for such station.
``(2) Preservation of authority.--Nothing in this
subsection shall be construed to limit the authority of the
Commission to commence a proceeding under subsection (a).''.
SEC. 10. REQUIRED CONTENTS OF ANNUAL REPORTS OF THE COMMISSION.
Each annual report submitted by the Federal Communications
Commission after the date of enactment of this Act shall, in accordance
with section 4(k)(2) of the Communications Act of 1934 (47 U.S.C.
154(k)(2)), include the following:
(1) The number of complaints received by the Commission
during the year covered by the report alleging that a broadcast
contained obscene, indecent, or profane material, and the
number of programs to which such complaints relate.
(2) The number of those complaints that have been dismissed
or denied by the Commission.
(3) The number of complaints that have remained pending at
the end of the year covered by the annual report.
(4) The number of notices issued by the Commission under
paragraph (3) or (4) of section 503(b) of the Communications
Act of 1934 (47 U.S.C. 503(b)) during the year covered by the
report to enforce the statutes, rules, and policies prohibiting
the broadcasting of obscene, indecent, or profane material.
(5) For each such notice, a statement of--
(A) the amount of the proposed forfeiture;
(B) the program, station, and corporate parent to
which the notice was issued;
(C) the length of time between the date on which
the complaint was filed and the date on which the
notice was issued; and
(D) the status of the proceeding.
(6) The number of forfeiture orders issued pursuant to
section 503(b) of such Act during the year covered by the
report to enforce the statutes, rules, and policies prohibiting
the broadcasting of obscene, indecent, or profane material.
(7) For each such forfeiture order, a statement of--
(A) the amount assessed by the final forfeiture
order;
(B) the program, station, and corporate parent to
which it was issued;
(C) whether the licensee has paid the forfeiture
order; and
(D) the amount paid by the licensee.
(8) In instances where the licensee has refused to pay,
whether the Commission referred such order to the Department of
Justice to collect the penalty.
(9) In cases where the Commission referred such order to
the Department of Justice--
(A) the number of days from the date the Commission
issued such order to the date the Commission referred
such order to the Department;
(B) whether the Department has commenced an action
to collect the penalty, and if such action was
commenced, the number of days from the date the
Commission referred such order to the Department to the
date the action by the Department commenced; and
(C) whether the collection action resulted in a
payment, and if such action resulted in a payment, the
amount of such payment.
SEC. 11. GAO STUDY OF INDECENT BROADCASTING COMPLAINTS.
(a) Inquiry and Report Required.--The General Accounting Office
shall conduct a study examining--
(1) the number of complaints concerning the broadcasting of
obscene, indecent, and profane material to the Federal
Communications Commission;
(2) the number of such complaints that result in final
agency actions by the Commission;
(3) the length of time taken by the Commission in
responding to such complaints;
(4) what mechanisms the Commission has established to
receive, investigate, and respond to such complaints; and
(5) whether complainants to the Commission are adequately
informed by the Commission of the responses to their
complaints.
(b) Submission of Report.--The General Accounting Office shall
submit a report on the results of such study within one year after the
date of enactment of this Act to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives.
SEC. 12. SENSE OF THE CONGRESS.
(a) Reinstatement of Policy.--It is the sense of the Congress that
the broadcast television station licensees should reinstitute a family
viewing policy for broadcasters.
(b) Definition.--For purposes of this section, a family viewing
policy is a policy similar to the policy that existed in the United
States from 1975 to 1983, as part of the National Association of
Broadcaster's code of conduct for television, and that included the
concept of a family viewing hour.
SEC. 13. IMPLEMENTATION.
(a) Regulations.--The Commission shall prescribe regulations to
implement the amendments made by this Act within 180 days after the
date of enactment of this Act.
(b) Prospective Application.--This Act and the amendments made by
this Act shall not apply with respect to material broadcast before the
date of enactment of this Act.
(c) Separability.--Section 708 of the Communications Act of 1934
(47 U.S.C. 608) shall apply to this Act and the amendments made by this
Act.
Passed the House of Representatives March 11, 2004.
Attest:
JEFF TRANDAHL,
Clerk.
Calendar No. 464
108th CONGRESS
2d Session
H. R. 3717
_______________________________________________________________________
AN ACT
To increase the penalties for violations by television and radio
broadcasters of the prohibitions against transmission of obscene,
indecent, and profane material, and for other purposes.
_______________________________________________________________________
March 26, 2004
Read the second time and placed on the calendar