[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 943 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 943

 To protect children from the physical and mental harm resulting from 
               violence contained in television programs.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                May 12 (legislative day, April 19), 1993

Mr. Durenberger introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To protect children from the physical and mental harm resulting from 
               violence contained in television programs.

    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 ``Children's Television Violence 
Protection Act of 1993''.

SEC. 2. 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 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 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. 3. RULEMAKING REQUIRED.

    (a) Standards.--The Federal Communications Commission shall, within 
30 days after the date of the enactment of this section, initiate a 
rulemaking proceeding to prescribe standards applicable to television 
broadcast licensees, and cable operators providing cable service under 
a franchise granted by a franchising authority, requiring such 
television broadcast licensees and cable operators, including cable 
programmers, in connection with the broadcasting of any video 
programming which may contain violence, or unsafe gun practices, to 
require a video and audio warning at the time of such broadcast to the 
effect that such programming may contain violence, or unsafe gun 
practices, and may adversely affect the mental or physical health, or 
both, of a child, and may, if the events portrayed in such programming 
occur in real life, warrant the imposition of criminal penalties.
    (b) Contents of Standards.--Standards required by subsection (a) 
shall require:
            (1) Broadcast television licensees, and cable operators, 
        including cable programmers, to include, at the beginning of 
        the programming, and at other appropriate times during such 
        programming, a warning label, with an audio voice over, to the 
        effect that the programming may contain violence, or unsafe gun 
        practices, and may adversely affect the mental or physical 
        health, or both, of a child, and may, if the events portrayed 
        in such programming occur in real life, warrant the imposition 
        of criminal penalties.
            (2) Public notice to assist interested persons in 
        identifying programming which may contain violence, or unsafe 
        gun practices.
    (c) 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.
    (d) Exception.--The provisions of subsection (a) shall not apply to 
any programming broadcast, in any time zone, during the period 
commencing at 11:00 P.M. and ending at 6:00 A.M.

SEC. 4. VIOLATIONS.

    (a) Violations.--If a person violates any rule or regulation issued 
or promulgated pursuant to section 3, the Federal Communications 
Commission may, 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 day of 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 day of 
violation constitutes a separate violation.

SEC. 5. EXCEPTIONS FOR CERTAIN VIDEO PROGRAMMING.

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

SEC. 6. 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 
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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