[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 193 Enrolled Bill (ENR)]
S.193
One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
An Act
To increase the penalties for violations by television and radio
broadcasters of the prohibitions against transmission of obscene,
indecent, and profane language.
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
2005''.
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)(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
``(ii) determined by the Commission under paragraph (1) to have
broadcast obscene, indecent, or profane language, the amount of any
forfeiture penalty determined under this subsection shall not
exceed $325,000 for each violation or each day of a continuing
violation, except that the amount assessed for any continuing
violation shall not exceed a total of $3,000,000 for any single act
or failure to act.''; and
(3) in subparagraph (D), as redesignated by paragraph (1), by
striking ``subparagraph (A) or (B)'' and inserting ``subparagraph
(A), (B), or (C)''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.