[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 193 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 193

   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

                            January 26, 2005

 Mr. Brownback (for himself, Mr. Graham, Mr. Allen, Mr. Lieberman, Mr. 
 DeMint, Mr. Santorum, Mr. Hagel, Mr. McCain, Mr. Sessions, Mrs. Dole, 
 Mr. Inhofe, Mr. Enzi, Mr. Thune, Mr. Lott, Mr. Kyl, Mr. Martinez, Mr. 
  Grassley, Mr. Pryor, Mr. Roberts, Mr. Ensign, Mrs. Lincoln, and Mr. 
    Thomas) 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 
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)''.
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