[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 193 Enrolled Bill (ENR)]


        S.193

                       One Hundred Ninth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the third day of January, two thousand and six


                                 An Act


 
    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 
2005''.

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 $325,000 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)''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.