[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2147 Introduced in Senate (IS)]






108th CONGRESS
  2d Session
                                S. 2147

   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

                             March 1, 2004

   Mr. Miller 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 Responsibility and 
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)(i) Notwithstanding subparagraph (A), if the violator is--
            ``(I)(aa) a broadcast station licensee or permittee;
            ``(bb) an applicant for any broadcast license, permit, 
        certificate, or other instrument or authorization issued by the 
        Commission; or
            ``(cc) any other company or individual that has 
        participated in a broadcast described in subclause (II), 
        including producers, general managers, performers, and 
        networks; and
            ``(II) determined by the Commission under paragraph (1) to 
        have participated in broadcasting obscene, indecent, or profane 
        language;
the amount of any forfeiture penalty determined under this subsection 
shall be 25 cents times the number of individuals who witnessed or 
heard the broadcast as determined by a viewership rating service 
selected by the Commission.
    ``(ii) Amounts collected pursuant to this subparagraph shall be 
used--
            ``(I) first to fund the enforcement costs of this 
        subparagraph; and
            ``(II) after funding subclause (I), to make grants to faith 
        based programs selected by the Faith Based Initiative Office of 
        the White House.''; and
            (3) in subparagraph (D), as redesignated by paragraph (1), 
        by striking ``subparagraph (A) or (B)'' and inserting 
        ``subparagraph (A), (B), or (C)''.

SEC. 3. COUNCIL OF DECENCY.

    (a) Council.--The Federal Communications Commission shall establish 
a Council of Decency which shall consist of--
            (1) 3 individuals from the ministry;
            (2) 3 television and broadcast industry representatives; 
        and
            (3) 3 teachers from primary or secondary educational 
        institutions.
    (b) Duties.--The Council of Decency shall advise the Federal 
Communications Commission on standards of decency as applied to 
broadcasts over which the Commission has jurisdiction.
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