[Congressional Record (Bound Edition), Volume 152 (2006), Part 7]
[Senate]
[Page 8645]
[From the U.S. Government Publishing Office, www.gpo.gov]




               BROADCAST DECENCY ENFORCEMENT ACT OF 2005

  Mr. CHAMBLISS. Mr. President, I ask unanimous consent that the 
Committee on Commerce be discharged from further consideration of S. 
193, and the Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 193) to increase the penalties for violations by 
     television and radio broadcasters of the prohibitions against 
     transmission of obscene, indecent, and profane language.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. CHAMBLISS. Mr. President, I ask unanimous consent that the bill 
be read a third time and passed, the motion to reconsider be laid upon 
the table, and that any statements relating to the measure be printed 
in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 193) was ordered to be engrossed for a third reading, 
read the third time and passed, as follows:

                                 S. 193

       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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