3.0.0 2056 2023-01-15T10:03:18Z 2023-01-15T10:03:18Z Senate S S 2004-02-09 108 sscm00 Commerce, Science, and Transportation Committee Senate Standing Reported by 2004-04-05T20:56:27Z Markup by 2004-03-09T20:57:31Z Referred to 2004-02-09T19:39:41Z S. Rept. 108-253 Broadcast Decency Enforcement Act of 2004 108 3717 HR 2004-03-26 Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 464. Related bill CRS Related bill House 2004-04-05 Senate Placed on Senate Legislative Calendar under General Orders. Calendar No. 471. Calendars 2004-04-05 sscm00 Commerce, Science, and Transportation Committee Senate Committee on Commerce, Science, and Transportation. Reported by Senator McCain with amendments and an amendment to the title. With written report No. 108-253. Committee 2004-04-05 Committee on Commerce, Science, and Transportation. Reported by Senator McCain with amendments and an amendment to the title. With written report No. 108-253. Committee 14000 9 Library of Congress sscm00 Commerce, Science, and Transportation Committee 2004-03-09 sscm00 Commerce, Science, and Transportation Committee Senate Committee on Commerce, Science, and Transportation. Ordered to be reported with amendments favorably. Committee 2004-02-09 sscm00 Commerce, Science, and Transportation Committee Senate Read twice and referred to the Committee on Commerce, Science, and Transportation. IntroReferral 2004-02-09 Introduced in Senate IntroReferral 10000 9 Library of Congress B000953 Sen. Brownback, Sam [R-KS] SAM BROWNBACK R KS N G000359 Sen. Graham, Lindsey [R-SC] Lindsey Graham R SC 2004-02-09 True A000121 Sen. Allen, George [R-VA] GEORGE ALLEN R VA F. 2004-02-10 False S000059 Sen. Santorum, Rick [R-PA] RICK SANTORUM R PA 2004-02-10 False S000888 Sen. Stevens, Ted [R-AK] THEODORE STEVENS R AK F. 2004-02-11 False L000447 Sen. Lott, Trent [R-MS] CHESTER LOTT R MS TRENT 2004-02-11 False F000442 Sen. Fitzgerald, Peter [R-IL] PETER FITZGERALD R IL 2004-02-11 False I000024 Sen. Inhofe, James M. [R-OK] Jim Inhofe R OK 2004-02-11 False E000194 Sen. Ensign, John [R-NV] JOHN ENSIGN R NV 2004-02-24 False R000307 Sen. Roberts, Pat [R-KS] PAT ROBERTS R KS 2004-02-24 False K000352 Sen. Kyl, Jon [R-AZ] Jon Kyl R AZ Llewellyn 2004-02-24 False S001141 Sen. Sessions, Jeff [R-AL] Jeff Sessions R AL 2004-02-24 False H001028 Sen. Hagel, Chuck [R-NE] CHUCK HAGEL R NE 2004-02-24 False M001141 Sen. Miller, Zell [D-GA] ZELL MILLER D GA 2004-02-24 False M001153 Sen. Murkowski, Lisa [R-AK] Lisa Murkowski R AK 2004-02-25 False D000601 Sen. Dole, Elizabeth [R-NC] Elizabeth Dole R NC H. 2004-03-01 False E000285 Sen. Enzi, Michael B. [R-WY] MICHAEL ENZI R WY B. 2004-03-01 False C000286 Sen. Chambliss, Saxby [R-GA] SAXBY CHAMBLISS R GA 2004-03-03 False C000174 Sen. Carper, Thomas R. [D-DE] Thomas Carper D DE R. 2004-03-26 False G000386 Sen. Grassley, Chuck [R-IA] Charles Grassley R IA E. 2004-03-31 False B001126 Sen. Burns, Conrad R. [R-MT] CONRAD BURNS R MT R. 2004-06-08 False 2004-04-02T06:00:00Z S. 2056, Broadcast Decency Enforcement Act of 2004 http://www.cbo.gov/publication/15533 <p>Cost estimate for the bill as ordered reported by the Senate Committee on Commerce, Science, and Tranportation on March 9, 2004</p> 2004-04-02T06:00:00Z S. 2056, Broadcast Decency Enforcement Act of 2004 https://www.cbo.gov/publication/15533 Cost estimate for the bill as ordered reported by the Senate Committee on Commerce, Science, and Tranportation on March 9, 2004 Science, Technology, Communications Administrative remedies Arts, Culture, Religion Commerce Congress Congressional investigations Corporate mergers Crime and Law Enforcement Families Federal Communications Commission Fines (Penalties) Government Operations and Politics Independent regulatory commissions Law Licenses Marketing Motion pictures Pornography Radio broadcasting Radio programs Radio stations Sound recording and reproducing Telecommunication industry Television and children Television broadcasting Television programs Television stations Video games Violence in mass media Science, Technology, Communications 00 2004-02-09 Introduced in Senate 2004-03-01T18:53:00Z Broadcast Decency Enforcement Act of 2004 - Amends the Communications Act of 1934 to provide that, if the violator of the terms and conditions of any Federal Communications Commission (FCC) license, permit, or certificate is either a broadcast station licensee or permittee or an applicant for a broadcast license, permit, or certificate, and such violator is determined by the FCC to have broadcast obscene, indecent, or profane language, the amount of forfeiture penalty shall not exceed $275,000 for each violation or day of such violation, to a maximum of $3 million for any single act or failure to act.

]]> 01 2004-04-05 Reported to Senate with amendment(s) 2004-06-23T17:52:12Z Title I: Broadcast Decency - Broadcast Decency Enforcement Act of 2004 - (Sec. 102) Amends the Communications Act of 1934 to provide that, if the violator of the terms and conditions of any Federal Communications Commission (FCC) license, permit, or certificate is either a broadcast station licensee or permittee or an applicant for a broadcast license, permit, or certificate, and such violator is determined by the FCC to have broadcast obscene, indecent, or profane language or images, the amount of forfeiture penalty shall not exceed $275,000 for the first violation, $375,000 for the second, and $500,000 for the third and any subsequent violation, with a 24-hour period limit of $3 million. Requires the FCC, when determining a penalty, to consider the violator's ability to pay.

Directs the FCC to commence a proceeding for revocation of a station license or construction permit of a broadcast station if, in each of three or more proceedings during the term of a broadcast license, such licensee is ordered to pay forfeitures for the above violations by either: (1) the FCC and such forfeitures have been paid; or (2) a court and such orders have become final.

(Sec. 103) Directs the FCC, in the case of such a violation, to take into account various factors with respect to the degree of culpability, including whether: (1) the material was live or recorded, scripted or unscripted; (2) the violator had a reasonable opportunity to review the programming; (3) a time delay blocking mechanism was implemented; and (4) the violation occurred during a children's program or during children's viewing hours. Allows the FCC, when aggravating factors are present, to double the fine amounts for such violations.

(Sec. 104) Revises provisions concerning non-licensed violators and authorizes the FCC to fine such violators if the person should have known that the material would be broadcast. Increases to $500,000 for each violation the fine authorized for such violators.

(Sec. 105) Authorizes any State, regional, or national association of broadcasters or networks, or any group of network affiliates, to enter into a voluntary code of conduct providing a family viewing policy for early evening television viewing hours (the first hour of prime time and the hour immediately preceding such hour).

(Sec. 106) Sets a deadline of 270 days for FCC response to complaints received for violations of this Act.

(Sec. 107) Requires an annual FCC report to specified congressional committees on complaints received and action thereon.

(Sec. 108) Directs the Comptroller General to conduct a study of, and report to specified committees on, an examination of the relationship between the increasing consolidation of broadcast media ownership and violations of this Act.

(Sec. 109) Requires the FCC to implement the requirements of this Act within 180 days after enactment.

Title II: Children's Protection From Violent Programming - Children's Protection from Violent Programming Act - (Sec. 203) Directs the FCC to assess the effectiveness of measures to require television broadcasters and multichannel video programming distributors to rate and encode programming that could be blocked by parents by use of a V-chip. Authorizes the FCC, if it finds such measures ineffective, to prohibit the distribution of violent video programming during hours when children are reasonably likely to comprise a substantial portion of the audience.

(Sec. 204) Makes it unlawful for any person to distribute to the public any violent video programming not blockable by electronic means specifically on the basis of its violent content. Provides for exemptions for: (1) programming (including news programs and sporting events) the distribution of which does not conflict with the objective of protecting children from the negative influences of violent video programming; and (2) premium and pay-per-view direct-to-home satellite programming. Applies to such distribution violations the same penalties provided under Title I.

(Sec. 205) Requires the FCC to continue to study and report to specified committees on the marketing to children of violent content by the motion picture, music recording, and computer and video game industries, including improvements to marketing practices developed and implemented by those industries.

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Broadcast Decency Enforcement Act of 2004 Display Title Broadcast Decency Enforcement Act of 2004 Official Title as Introduced A bill to increase the penalties for violations by television and radio broadcasters of the prohibitions against transmission of obscene, indecent, and profane language. Introduced in Senate IS Short Titles as Introduced Broadcast Decency Enforcement Act of 2004 Short Titles as Reported to Senate for portions of this bill Children's Protection from Violent Programming Act S Senate Short Titles as Reported to Senate for portions of this bill Broadcast Decency Enforcement Act of 2004 S Senate Popular Titles FCC Indecency Penalties bill 9 Library of Congress Reported to Senate 2004-04-05T04:00:00Z Introduced in Senate 2004-02-09T05:00:00Z 2004-04-05 Placed on Senate Legislative Calendar under General Orders. Calendar No. 471. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.