Broadcast Decency Enforcement Act of 2005

3.0.0 310 2022-02-03T05:32:55Z 2022-02-03T05:32:55Z House H HR 2005-01-25 109 hsif00 Energy and Commerce Committee House Standing hsif16 Communications and Technology Subcommittee Discharged from 2005-02-02T22:53:28Z Referred to 2005-02-02T21:14:22Z Reported by 2005-02-14T17:11:25Z Markup by 2005-02-09T14:31:53Z Referred to 2005-01-25T19:08:35Z H. Rept. 109-5 Broadcast Decency Enforcement Act of 2005 109 193 S 2006-06-15 Became Public Law No: 109-235. Related bill House Providing for consideration of the bill (H.R. 310) 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. 109 95 HRES 2005-02-16 Motion to reconsider laid on the table Agreed to without objection. 12:39:21 Procedurally-related House 2005-02-18 Senate Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 17. Calendars 2005-02-17 Senate Read the first time. Placed on Senate Legislative Calendar under Read the First Time. Calendars 2005-02-16 Senate Received in the Senate. IntroReferral 2005-02-16 13:57:19 Motion to reconsider laid on the table Agreed to without objection. Floor H38310 2 House floor actions 2005-02-16 13:57:07 On passage Passed by the Yeas and Nays: 389 - 38 (Roll no. 35). Floor H37100 2 House floor actions 35 https://clerk.house.gov/evs/2005/roll035.xml House 109 2005-02-16T18:57:07Z 1 2005-02-16 13:57:07 Passed/agreed to in House: On passage Passed by the Yeas and Nays: 389 - 38 (Roll no. 35). Floor 8000 9 Library of Congress 35 https://clerk.house.gov/evs/2005/roll035.xml House 109 2005-02-16T18:57:07Z 1 2005-02-16 13:29:14 The previous question was ordered pursuant to the rule. (consideration: CR H664) Floor H35000 2 House floor actions 2005-02-16 13:15:57 DEBATE - Pursuant to the provisions of H. Res. 95 the House proceeded with twenty minutes of debate on the Upton amendment. Floor H8D000 2 House floor actions 2005-02-16 12:40:42 DEBATE - The House proceeded with one hour of debate on H.R. 310. Floor H8D000 2 House floor actions 2005-02-16 12:40:19 Rule provides for consideration of H.R. 310 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. A specified amendment is in order. Floor H8D000 2 House floor actions 2005-02-16 12:40:14 Considered under the provisions of rule H. Res. 95. (consideration: CR H653-664) Floor H30000 2 House floor actions 2005-02-16 12:39:13 Rule H. Res. 95 passed House. Floor H1L220 2 House floor actions 2005-02-15 19:39:37 Rules Committee Resolution H. Res. 95 Reported to House. Rule provides for consideration of H.R. 310 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. A specified amendment is in order. Floor H1L210 2 House floor actions 2005-02-14 Placed on the Union Calendar, Calendar No. 2. Calendars H12410 2 House floor actions U00002 2005-02-14 Reported by the Committee on Energy and Commerce. H. Rept. 109-5. Committee H12200 2 House floor actions hsif00 Energy and Commerce Committee 2005-02-14 Reported by the Committee on Energy and Commerce. H. Rept. 109-5. Committee 5000 9 Library of Congress hsif00 Energy and Commerce Committee 2005-02-09 hsif00 Energy and Commerce Committee 1 House committee actions Ordered to be Reported by the Yeas and Nays: 46 - 2. Committee 2005-02-09 hsif00 Energy and Commerce Committee 1 House committee actions Committee Consideration and Mark-up Session Held. Committee 2005-02-02 hsif00 Energy and Commerce Committee 1 House committee actions Subcommittee on Telecommunications and the Internet Discharged. Committee 2005-02-02 hsif16 Communications and Technology Subcommittee 1 House committee actions Referred to the Subcommittee on Telecommunications and the Internet. Committee 2005-01-25 Referred to the House Committee on Energy and Commerce. IntroReferral H11100 2 House floor actions hsif00 Energy and Commerce Committee 2005-01-25 Introduced in House IntroReferral Intro-H 9 Library of Congress 2005-01-25 Introduced in House IntroReferral 1000 9 Library of Congress U000031 Rep. Upton, Fred [R-MI-6] FRED UPTON R MI 6 N M000133 Rep. Markey, Edward J. [D-MA-7] Edward Markey D MA J. 7 2005-01-25 True B000213 Rep. Barton, Joe [R-TX-6] JOE BARTON R TX L. 6 2005-01-25 True D000355 Rep. Dingell, John D. [D-MI-15] JOHN DINGELL D MI D. 15 2005-01-25 True B000575 Rep. Blunt, Roy [R-MO-7] ROY BLUNT R MO 7 2005-02-02 False G000210 Rep. Gillmor, Paul E. [R-OH-5] PAUL GILLMOR R OH E. 5 2005-02-02 False S000364 Rep. Shimkus, John [R-IL-19] JOHN SHIMKUS R IL M. 19 2005-02-02 False W000413 Rep. Whitfield, Ed [R-KY-1] EDWARD WHITFIELD R KY 1 2005-02-02 False F000443 Rep. Ferguson, Mike [R-NJ-7] MIKE FERGUSON R NJ 7 2005-02-02 False W000789 Rep. Wilson, Heather [R-NM-1] HEATHER WILSON R NM 1 2005-02-02 False E000092 Rep. Ehlers, Vernon J. [R-MI-3] VERNON EHLERS R MI J. 3 2005-02-02 False D000597 Rep. Davis, Jo Ann [R-VA-1] JO ANN DAVIS R VA 1 2005-02-02 False S000583 Rep. Smith, Lamar [R-TX-21] LAMAR SMITH R TX 21 2005-02-02 False K000288 Rep. Knollenberg, Joe [R-MI-9] JOE KNOLLENBERG R MI 9 2005-02-02 False C000071 Rep. Camp, Dave [R-MI-4] DAVE CAMP R MI 4 2005-02-02 False H000676 Rep. Hoekstra, Peter [R-MI-2] PETER HOEKSTRA R MI 2 2005-02-02 False R000572 Rep. Rogers, Mike J. [R-MI-8] Mike Rogers R MI 8 2005-02-02 False M001139 Rep. Miller, Gary G. [R-CA-42] GARY MILLER R CA 42 2005-02-02 False N000182 Rep. Neugebauer, Randy [R-TX-19] Randy Neugebauer R TX 19 2005-02-02 False B001244 Rep. Bonner, Jo [R-AL-1] Jo Bonner R AL 1 2005-02-02 False A000358 Rep. Akin, W. Todd [R-MO-2] W. AKIN R MO TODD 2 2005-02-02 False F000445 Rep. Forbes, J. Randy [R-VA-4] J. Forbes R VA Randy 4 2005-02-02 False P000323 Rep. Pickering, Charles W. "Chip" [R-MS-3] CHARLES PICKERING R MS W. 3 2005-02-08 False S000822 Rep. Stearns, Cliff [R-FL-6] CLIFF STEARNS R FL 6 2005-02-08 False B001203 Rep. Buyer, Steve [R-IN-4] STEPHEN BUYER R IN E. 4 2005-02-08 False B001247 Rep. Brown-Waite, Ginny [R-FL-5] Ginny Brown-Waite R FL 5 2005-02-08 False W000099 Rep. Walsh, James T. [R-NY-25] JAMES WALSH R NY T. 25 2005-02-08 False H000712 Rep. Holden, Tim [D-PA-17] TIM HOLDEN D PA 17 2005-02-08 False W000437 Rep. Wicker, Roger F. [R-MS-1] Roger Wicker R MS F. 1 2005-02-08 False M001144 Rep. Miller, Jeff [R-FL-1] Jeff Miller R FL 1 2005-02-08 False B000013 Rep. Bachus, Spencer [R-AL-6] SPENCER BACHUS R AL 6 2005-02-08 False C000794 Rep. Costello, Jerry F. [D-IL-12] JERRY COSTELLO D IL F. 12 2005-02-08 False C001058 Rep. Chandler, Ben [D-KY-6] Ben Chandler D KY 6 2005-02-08 False H001029 Rep. Hayes, Robin [R-NC-8] ROBIN HAYES R NC 8 2005-02-08 False D000168 Rep. Deal, Nathan [R-GA-10] NATHAN DEAL R GA 10 2005-02-08 False O000165 Rep. Osborne, Tom [R-NE-3] TOM OSBORNE R NE 3 2005-02-08 False G000309 Rep. Gordon, Bart [D-TN-6] BART GORDON D TN 6 2005-02-08 False E000226 Rep. Etheridge, Bob [D-NC-2] BOB ETHERIDGE D NC 2 2005-02-08 False D000114 Rep. Davis, Jim [D-FL-11] JIM DAVIS D FL 11 2005-02-08 False M001142 Rep. Matheson, Jim [D-UT-2] JIM MATHESON D UT 2 2005-02-08 False B001236 Rep. Boozman, John [R-AR-3] John Boozman R AR 3 2005-02-08 False E000215 Rep. Eshoo, Anna G. [D-CA-14] ANNA ESHOO D CA G. 14 2005-02-08 False S001143 Rep. Souder, Mark E. [R-IN-3] MARK SOUDER R IN EDWARD 3 2005-02-09 False B001239 Rep. Barrett, J. Gresham [R-SC-3] J. Barrett R SC Gresham 3 2005-02-09 False B000463 Rep. Bilirakis, Michael [R-FL-9] MICHAEL BILIRAKIS R FL 9 2005-02-09 False H000413 Rep. Hayworth, J. D. [R-AZ-5] J. HAYWORTH R AZ D. 5 2005-02-09 False W000795 Rep. Wilson, Joe [R-SC-2] Joe Wilson R SC 2 2005-02-09 False N000159 Rep. Norwood, Charles W. [R-GA-9] CHARLES NORWOOD R GA W. 9 2005-02-09 False C000962 Rep. Cubin, Barbara [R-WY-At Large] BARBARA CUBIN R WY 0 2005-02-09 False G000545 Rep. Green, Mark [R-WI-8] MARK GREEN R WI 8 2005-02-09 False K000358 Rep. Kennedy, Mark R. [R-MN-6] MARK KENNEDY R MN R. 6 2005-02-09 False D000604 Rep. Dent, Charles W. [R-PA-15] Charles Dent R PA W. 15 2005-02-09 False G000410 Rep. Green, Gene [D-TX-29] GENE GREEN D TX 29 2005-02-09 False S001161 Rep. Schwarz, John J.H. "Joe" [R-MI-7] John Schwarz R MI J.H. "Joe" 7 2005-02-09 False M000485 Rep. McIntyre, Mike [D-NC-7] MIKE MCINTYRE D NC 7 2005-02-09 False C001048 Rep. Culberson, John Abney [R-TX-7] JOHN CULBERSON R TX ABNEY 7 2005-02-09 False J000285 Rep. Johnson, Timothy V. [R-IL-15] TIMOTHY JOHNSON R IL V. 15 2005-02-09 False J000163 Rep. Johnson, Nancy L. [R-CT-5] NANCY JOHNSON R CT L. 5 2005-02-14 False E000268 Rep. Everett, Terry [R-AL-2] TERRY EVERETT R AL 2 2005-02-14 False D000599 Rep. Davis, Lincoln [D-TN-4] Lincoln Davis D TN 4 2005-02-14 False T000463 Rep. Turner, Michael R. [R-OH-3] Michael Turner R OH R. 3 2005-02-14 False R000566 Rep. Ryun, Jim [R-KS-2] JIM RYUN R KS 2 2005-02-14 False P000587 Rep. Pence, Mike [R-IN-6] MIKE PENCE R IN 6 2005-02-14 False K000363 Rep. Kline, John [R-MN-2] John Kline R MN 2 2005-02-14 False B001234 Rep. Baca, Joe [D-CA-43] JOE BACA D CA 43 2005-02-14 False M001157 Rep. McCaul, Michael T. [R-TX-10] Michael McCaul R TX T. 10 2005-02-14 False G000289 Rep. Goodlatte, Bob [R-VA-6] ROBERT GOODLATTE R VA W. 6 2005-02-14 False W000267 Rep. Weldon, Dave [R-FL-15] DAVE WELDON R FL 15 2005-02-14 False 2005-02-14T06:00:00Z H.R. 310, Broadcast Decency Enforcement Act of 2005 http://www.cbo.gov/publication/16238 <p>Cost estimate for the bill as ordered reported by the House Committee on Energy and Commerce on February 9, 2005</p> 2005-02-14T06:00:00Z H.R. 310, Broadcast Decency Enforcement Act of 2005 https://www.cbo.gov/publication/16238 Cost estimate for the bill as ordered reported by the House Committee on Energy and Commerce on February 9, 2005 Science, Technology, Communications Administrative procedure Administrative remedies Commerce Congress Congressional investigations Congressional reporting requirements Consumer complaints Crime and Law Enforcement Families Federal Communications Commission Fines (Penalties) Government Operations and Politics Government paperwork Government publicity Governmental investigations Independent regulatory commissions Law Liability (Law) Licenses Limitation of actions Pornography Public service advertising Radio broadcasting Radio programs Radio stations Television and children Television broadcasting Television programs Television stations Science, Technology, Communications

00 2005-01-25 Introduced in House 2005-02-09T20:41:36Z Broadcast Decency Enforcement Act of 2005 - 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 material, the amount of forfeiture penalty shall not exceed $500,000 for each violation. Sets forth: (1) additional factors for determining indecency penalties; (2) indecency penalties for non-licensees; (3) deadlines for actions on complaints; (4) additional remedies for indecent broadcasts; and (4) provisions for license disqualification, revocation, or renewal consideration for violations of indecency prohibitions.

Expresses the sense of Congress that broadcast television station licensees should reinstitute a family viewing policy for broadcasters.

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79 2005-02-14 Reported to House without amendment 2005-02-23T18:55:14Z (This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Broadcast Decency Enforcement Act of 2005 - (Sec. 2) 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 material, the amount of forfeiture penalty shall not exceed $500,000 for each violation.

(Sec. 3) Directs the FCC, in enforcing penalties for violators, to take into account specified factors with respect to the violator's: (1) degree of culpability, including whether the offending material was live or recorded and scripted or unscripted; and (2) ability to pay, including whether the violator is a company or individual and the company's size. Provides an enforcement exception, under certain circumstances, for a licensee or permittee not owned or controlled by the network organization providing the offending material to the licensee or permittee for broadcast.

(Sec. 4) Makes the prohibition on penalties against nonlicensees inapplicable in the case of a person who utters obscene, indecent, or profane material broadcast by a licensee or permittee if such person willfully or intentionally makes the utterance.

(Sec. 5) Provides deadlines for actions on complaints of violations of this Act.

(Sec. 6) Authorizes the FCC, in addition to such penalties, to require the offending licensee or permittee to broadcast public service announcements that serve the educational and informational needs of children and reaches an audience of up to five times the audience estimated to have been reached by the obscene, indecent, or profane material.

(Sec. 7) Directs the FCC, in any subsequent proceeding against a broadcast licensee or permittee who has already paid a fine for violating the provisions of this Act or when a court has ordered payment of a penalty and such order has become final, to: (1) consider whether the broadcast of such material demonstrates a lack of character or other qualifications required to operate a station; and (2) treat such violation as a serious violation with respect to the determination of license or permit renewal.

(Sec. 9) Requires that if the FCC has issued a notice of violation in each of three or more proceedings during the term of the broadcast license and in each proceeding the fine was paid or a court has ordered payment of a penalty and such order has become final, then the FCC shall commence a proceeding to consider revocation of that station's license or permit.

(Sec. 10) Requires annual FCC reports to Congress to include information with respect to violations of this Act and related proceedings.

(Sec. 11) Requires the General Accounting Office to study and report to specified congressional committees on the complaints made to the FCC concerning the broadcasting of obscene, indecent, and profane material.

(Sec. 12) Expresses the sense of Congress that the broadcast television station licensees should reinstitute a family viewing policy for broadcasters that is similar to the policy that existed in the United States from 1975 to 1983.

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36 2005-02-16 Passed House amended 2005-02-23T18:55:26Z Broadcast Decency Enforcement Act of 2005 - (Sec. 2) 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 material, the amount of forfeiture penalty shall not exceed $500,000 for each violation.

(Sec. 3) Directs the FCC, in enforcing penalties for violators, to take into account specified factors with respect to the violator's: (1) degree of culpability, including whether the offending material was live or recorded and scripted or unscripted; and (2) ability to pay, including whether the violator is a company or individual and the company's size and the financial impact that a penalty would have on an individual. Provides an enforcement exception, under certain circumstances, for a licensee or permittee not owned or controlled by the network organization providing the offending material to the licensee or permittee for broadcast.

(Sec. 5) Provides deadlines for actions on complaints of violations of this Act.

(Sec. 10) Requires annual FCC reports to Congress to include information with respect to violations of this Act and related proceedings.

(Sec. 11) Directs the FCC, within nine months after the enactment of this Act and at least every three years thereafter, to revise the FCC policy statement to provide industry guidance on FCC interpretation of, and enforcement policies regarding, the laws and regulations concerning broadcast indecency.

(Sec. 12) Requires the Government Accountability Office to study and report to specified congressional committees on the complaints made to the FCC concerning the broadcasting of obscene, indecent, and profane material.

(Sec. 13) Expresses the sense of Congress that the broadcast television station licensees should reinstitute a family viewing policy for broadcasters that is similar to the policy that existed in the United States from 1975 to 1983.

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Broadcast Decency Enforcement Act of 2005 Short Titles as Introduced Broadcast Decency Enforcement Act of 2005 Short Titles as Reported to House Broadcast Decency Enforcement Act of 2005 H House Short Titles as Passed House Broadcast Decency Enforcement Act of 2005 H House Popular Titles FCC Indecency Penalties bill 9 Library of Congress Display Title Broadcast Decency Enforcement Act of 2005 Official Title as Introduced 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. 10 109 HAMDT Amendment clarifies that the liability standard for non-licensees is willful and intentional; clarifies that for non-licensees to be found liable, their indecent statement must have been made knowing or having a reason to know that the statement would be broadcast; changes the reference in the bill to the "General Accounting Office" to its new name of "Government Accountability Office"; requires the FCC to look at the impact of a forfeiture penalty on an individual; requires the FCC's annual indecency enforcement report to include data going back to 2000; requires the GAO's indecency enforcement report to include data going back to 2000; and requires the FCC to update its broadcast indecency enforcement guidelines at least every 3 years. Amendment printed in House Report 109-6 to clarify that the liability standard for non-licensees (performers, networks) is "willful and intentional"; clarify that for non- licensees to be found liable, the indecent statement must have been made "knowing or having a reason to know" that the statement would be broadcast; change the reference to the "General Accounting Office" to its new name of "Government Accountability Office"; provide that if a violator of the provisions of the Act is an individual, the financial impact of a penalty can be taken into account; require the FCC's annual indecency enforcement report to include data going back to 2000; require the GAO's indecency enforcement report to include data going back to 2000; and to require the FCC to promptly, and regularly thereafter, update its Policy Statement that provides guidance on the Indecency Standard. 2022-02-03T05:32:55Z 2005-02-16 On agreeing to the Upton amendment (A001) Agreed to by voice vote. (text: CR H662) 13:28:55 H662 https://www.congress.gov/congressional-record/volume-151/house-section/page/H662 U000031 Rep. Upton, Fred [R-MI-6] FRED UPTON R MI 6 2005-02-16T05:00:00Z House of Representatives 109 HR House H 310 Broadcast Decency Enforcement Act of 2005 2022-02-03T05:32:55Z House Report 109-6 https://www.congress.gov/congressional-report/109th-congress/house-report/6 8 2005-02-16 13:28:55 On agreeing to the Upton amendment (A001) Agreed to by voice vote. (text: CR H662) Floor H34111 2 House floor actions 2005-02-16 13:28:46 The previous question was ordered on the amendment (A001) pursuant to the rule. Floor H34180 2 House floor actions 2005-02-16 13:15:46 Amendment (A001) offered by Mr. Upton. (consideration: CR H662-664) Floor H3A100 2 House floor actions 2005-02-16 13:15:46 House amendment offered/reported by : Amendment (A001) offered by Mr. Upton.(consideration: CR H662-664) NotUsed 71500 9 Library of Congress 2005-02-16 House amendment offered Floor 71000 9 Library of Congress 2005-02-16 13:28:55 Amendment agreed to by House: On agreeing to the Upton amendment (A001) Agreed to by voice vote.(text: CR H662) NotUsed 79000 9 Library of Congress 2005-02-16 13:28:55 House amendment agreed to: On agreeing to the Upton amendment (A001) Agreed to by voice vote.(text: CR H662) Floor 72000 9 Library of Congress Placed on Calendar Senate 2005-02-18T05:00:00Z Engrossed in House 2005-02-16T05:00:00Z Reported in House 2005-02-14T05:00:00Z Introduced in House 2005-01-25T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-109hr310ih/xml/BILLS-109hr310ih.xml 2005-02-18 Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 17. 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.