[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2837 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2837

To require the Federal Communications Commission to establish standards 
   to reduce the amount of programming which contains violence from 
                    broadcast television and radio.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 3, 1993

  Mr. Bryant introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To require the Federal Communications Commission to establish standards 
   to reduce the amount of programming which contains violence from 
                    broadcast television and radio.

    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 ``Television and Radio Program 
Violence Reduction Act of 1993''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Television and radio programming are bringing ever-
        increasing levels of violent programming into the American 
        home. Over 25 percent of prime-time television shows contain 
        `very violent' material, according to the National Coalition on 
        Television Violence.
            (2) Prime time violence tripled during the 1980's, the 
        American Academy of Pediatrics reports.
            (3) Programs developed for children are especially violent. 
        A University of Pennsylvania study found that children's 
        programming contains over 30 violent acts per hour.
            (4) Before the average child finishes grade school, he or 
        she sees 8,000 murders and 100,000 acts of violence on 
        television.
            (5) Numerous academic studies have built up astonishing 
        evidence that shows children tend to imitate the behavior they 
        see on television. The National Institute of Mental Health 
        finds that violence on television leads to aggressive behavior 
        by children and teenagers who watch violent programs.
            (6) Three different Surgeons General, the Attorney 
        General's Task Force on Family Violence, the American Medical 
        Association, the American Psychiatric Association, the American 
        Academy of Pediatrics, and other authorities have all found 
        that viewing televised violence is harmful to children.
            (7) Americans watch enormous amounts of television, and 
        many children will watch television for twice as many hours 
        (22,000 hours) as they attend school.
            (8) Many children watch violent television programs without 
        adult supervision or guidance.
            (9) More than 20 years of research has led to a consensus 
        that watching televised violence increases children's 
        aggressiveness and desensitizes them to the effects and 
        implications of violence, and the solidity of the agreement 
        among respected scientists that televised violence is harmful 
        nullifies arguments to the contrary by the television industry.
            (10) There is a need to find solutions that limit the 
        harmful influence of television and radio violence and yet 
        maintain our freedom of expression.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) The term ``violence'' means any action that has as an 
        element the use or threatened use of physical force against the 
        person of another, or against one's self, with intent to cause 
        bodily harm to such person or one's self. For purposes of this 
        Act, an action may involve violence regardless of whether or 
        not such action or threat of action occurs in a realistic or 
        serious context or in a humorous or cartoon type context.
            (2) The term ``programming'' includes cartoons.
            (3) The term ``child'' or ``children'' means any individual 
        or individuals under 18 years of age.
            (4) The term ``person'' shall have the same meaning given 
        that term under section 602(14) of the Communications Act of 
        1934 (47 U.S.C. 522(14)).
            (5) The term ``cable operator'' shall have the same meaning 
        given that term under section 602(4) of the Communications Act 
        of 1934 (47 U.S.C. 522(4)).
            (6) The term ``cable service'' shall have the same meaning 
        given that term under section 602(5) of the Communications Act 
        of 1934 (47 U.S.C. 522(5)).
            (7) The term ``television or radio broadcast licensee'' 
        means a ``licensee'' as defined in section 3(c) of the 
        Communications Act of 1934 (47 U.S.C. 153(c)) authorized to 
        engage in television or radio broadcasting, including 
        independent television broadcasting.
            (8) The term ``franchising authority'' shall have the same 
        meaning given that term under section 602(10) of the 
        Communications Act of 1934 (47 U.S.C. 522(10)).

SEC. 4. RULEMAKING REQUIRED.

    (a) Standards.--The Federal Communications Commission shall, within 
60 days after the date of the enactment of this section, initiate a 
rulemaking proceeding to prescribe standards applicable to television 
and radio broadcast licensees and cable operators providing cable 
service under a franchise granted by a franchising authority, requiring 
such television or radio broadcast licensees and cable operators, 
including cable programmers, to reduce the broadcasting of all video 
and audio programming which contains violence.
    (b) Final Standards.--The Commission shall, within 150 days 
following the date of the enactment of this Act, prescribe final 
standards in accordance with this section.

SEC. 5. VIOLATIONS.

    (a) Violations.--If a person violates any rule or regulation issued 
or promulgated pursuant to section 3, the Federal Communications 
Commission shall, after notice and opportunity for hearing, impose on 
the person a civil fine of not more than $5,000. For purposes of this 
subsection, each program in violation constitutes a separate violation.
    (b) Intentional Violations.--If a person intentionally violates any 
rule or regulation issued or promulgated pursuant to section 3, the 
Federal Communications Commission shall, after notice and opportunity 
for hearing, impose on the person a civil fine of not less than $10,000 
or more than $25,000. For purposes of this subsection, each program in 
violation constitutes a separate violation.
    (c) Repeated Violations.--If a person repeatedly violates any rule 
or regulation issued or promulgated pursuant to section 3, the Federal 
Communications Commission shall, after notice and opportunity for 
hearing, immediately repeal the person's broadcast license in the case 
of a broadcaster, and immediately repeal the person's satellite license 
in the case of the cable operator.

SEC. 6. EXCEPTIONS FOR CERTAIN VIDEO PROGRAMMING.

    The Federal Communications Commission may exempt, as public 
interest requires, certain video and audio programming from the 
requirements of section 3, including news broadcasts, sporting events, 
educational programming and documentaries.

SEC. 7. CONSIDERATION OF VIOLATIONS IN BROADCAST LICENSE RENEWAL.

    The Federal Communications Commission shall consider, among the 
elements in its review of an application for renewal of a television or 
radio broadcast license, including an independent television 
broadcaster, whether the licensee has complied with the standards 
required to be prescribed under section 3 of this Act.

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