[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2056 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2056

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 9, 2004

Mr. Brownback (for himself and Mr. Graham of South Carolina) introduced 
the following bill; which was read twice and referred to the Committee 
                on Commerce, Science, and Transportation

_______________________________________________________________________

                                 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)(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
            ``(ii) determined by the Commission under paragraph (1) to 
        have broadcast obscene, indecent, or profane language,
the amount of any forfeiture penalty determined under this subsection 
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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