[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3717 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 3717

   To increase the penalties for violations by television and radio 
   broadcasters of the prohibitions against transmission of obscene, 
                    indecent, and profane language.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 21, 2004

   Mr. Upton (for himself, Mr. Markey, Mr. Tauzin, Mr. Dingell, Mr. 
Bilirakis, Mr. Barton of Texas, Mr. Stearns, Mr. Gillmor, Mr. Bass, Mr. 
 Greenwood, Mr. Burr, Mr. Blunt, Mr. Shimkus, Mr. Terry, Mr. Weldon of 
 Pennsylvania, Mr. Wolf, Mr. Smith of Texas, Mr. Green of Texas, Mrs. 
    Wilson of New Mexico, Mr. Gordon, Mr. Whitfield, Mrs. Bono, Ms. 
 McCarthy of Missouri, Mr. Wynn, Mrs. Cubin, and Mr. Pitts) introduced 
 the following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
   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 
2004''.

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) 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 the violator is determined 
by the Commission under paragraph (1) to have broadcast obscene, 
indecent, or profane language, the amount of any forfeiture penalty 
determined under this section shall not exceed $275,000 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)''.
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