[House Report 108-436]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-436

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PROVIDING FOR CONSIDERATION OF H.R. 3717, BROADCAST DECENCY ENFORCEMENT 
                              ACT OF 2004

                                _______
                                

   March 10, 2004.--Referred to the House Calendar and ordered to be 
                                printed

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   Mrs. Myrick, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 554]

    The Committee on Rules, having had under consideration 
House Resolution 554, by a record vote of 9 to 2, reports the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 3717, the 
Broadcast Decency Enforcement Act of 2004, under a structured 
rule. The rule provides ninety minutes of general debate 
equally divided and controlled by the chairman and ranking 
minority member of the Committee on Energy and Commerce. The 
rule waives all points of order against consideration of the 
bill.
    The rule provides that the amendment in the nature of a 
substitute recommended by the Committee on Energy and Commerce 
now printed in the bill shall be considered as an original bill 
for the purpose of amendment, and shall be considered as read. 
The rule waives all points of order against the Committee 
amendment in the nature of a substitute.
    The rule makes in order only those amendments to the 
Committee amendment in the nature of a substitute which are 
printed in this report, and provides that those amendments may 
be offered only in the order printed in this report, may be 
offered only by a Member designated in this report, shall be 
considered as read, shall be debatable for the time specified 
in this report equally divided and controlled by the proponent 
and an opponent, shall not be subject to amendment, and shall 
not be subject to demand for a division of the question in the 
House or in the Committee of the Whole. The rule waives all 
points of order against the amendments printed in this report. 
Finally, the rule provides one motion to recommit with or 
without instructions.

                            COMMITTEE VOTES

    Pursuant to clause 3(b) of House rule XIII the results of 
each record vote on an amendment or motion to report, together 
with the names of those voting for and against, are printed 
below:

Rules Committee record vote No. 224

    Date: March 10, 2004.
    Measure: H.R. 3717, the Broadcast Decency Enforcement Act 
of 2004.
    Motion by: Mr. Linder.
    Summary of motion: To report the resolution.
    Results: Agreed to 9 to 2.
    Vote by Members: Linder--Yea; Pryce--Yea; Diaz-Balart--Yea; 
Hastings (WA)--Yea; Myrick--Yea; Reynolds--Yea; Frost--Yea; 
Slaughter--Yea; McGovern--Nay; Hastings (FL)--Nay; Dreier--Yea.

                  SUMMARY OF AMENDMENTS MADE IN ORDER

    (1) Upton: Manager's Amendment. Ensures that the bill 
preserves the right of a licensee to appeal a forfeiture order 
issued by the FCC for the broadcast of obscene, indecent, or 
profane material before the existence of such an order can be 
used in a license application or assignment proceeding to 
determine a licensee's character or qualifications, in a 
license renewal proceeding to determine whether a serious 
violation has occurred, or in a license revocation proceeding 
initiated after a licensee has accumulated three or more such 
forfeiture orders during the term of a license. Additionally, 
the amendment requires the FCC to provide Congress with 
information related to the number of times that violators 
refuse to pay a forfeiture order and that the FCC refers such 
orders for collection. (20 minutes)
    (2) Sessions: Directs the GAO to study and report back 
within one year: the number of complaints concerning the 
broadcasting of obscene, indecent, and profane material to the 
Federal Communications Commission; the number of such 
complaints that result in final agency actions by the 
Commission; the length of time taken by the Commission in 
responding to such complaints; what mechanisms the Commission 
has established to receive, investigate, and respond to such 
complaints; and whether complainants to the Commission are 
adequately informed by the Commission of the responses to their 
complaints. (10 minutes)
    (3) Schakowsky: Provides that the provision in the bill 
that would increase the fines from $11,000 to $500,000 shall 
not apply to individuals. (20 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

 1. An Amendment To Be Offered by Representative Upton of Michigan, or 
                 His Designee, Debatable for 20 Minutes

  In subsection (d) of section 503 of the Communications Act of 
1934, as added by section 7 of the bill, strike paragraph (2) 
and insert the following:
          ``(2) a court of competent jurisdiction has ordered 
        payment of such forfeiture penalty, and such order has 
        become final,
  In the matter that follows paragraph (2) of section 503(d) of 
the Communications Act of 1934, as added by section 7 of the 
bill, strike ``, notwithstanding section 504(c),''.
  In paragraph (5) of section 309(k) of the Communications Act 
of 1934, as added by section 8 of the bill, strike subparagraph 
(B) and insert the following:
                  ``(B) a court of competent jurisdiction has 
                ordered payment of such forfeiture penalty, and 
                such order has become final,
  In the matter that follows subparagraph (B) of section 
309(k)(5) of the Communications Act of 1934, as added by 
section 8 of the bill, strike ``, notwithstanding section 
504(c),''.
  In paragraph (1) of section 312(h) of the Communications Act 
of 1934, as added by section 9 of the bill, strike subparagraph 
(B) and insert the following:
                  ``(B) a court of competent jurisdiction has 
                ordered payment of such forfeiture penalty, and 
                such order has become final,
  In the matter that follows subparagraph (B) of section 
312(h)(1) of the Communications Act of 1934, as added by 
section 9 of the bill, strike ``, notwithstanding section 
504(c),''.
  In section 10, insert ``and'' at the end of subparagraph (C) 
of paragraph (7), strike ``; and'' at the end of subparagraph 
(D) of such paragraph and insert a period, strike subparagraph 
(E) of such paragraph, and after such paragraph insert the 
following new paragraphs:
          (8) In instances where the licensee has refused to 
        pay, whether the Commission referred such order to the 
        Department of Justice to collect the penalty.
          (9) In cases where the Commission referred such order 
        to the Department of Justice--
                  (A) the number of days from the date the 
                Commission issued such order to the date the 
                Commission referred such order to the 
                Department;
                  (B) whether the Department has commenced an 
                action to collect the penalty, and if such 
                action was commenced, the number of days from 
                the date the Commission referred such order to 
                the Department to the date the action by the 
                Department commenced; and
                  (C) whether the collection action resulted in 
                a payment, and if such action resulted in a 
                payment, the amount of such payment.
                              ----------                              


 2. An Amendment To Be Offered by Representative Sessions of Texas, or 
                 His Designee, Debatable for 10 Minutes

  After section 10 of the bill insert the following section 
(and redesignate the succeeding sections accordingly):

SEC. 11. GAO STUDY OF INDECENT BROADCASTING COMPLAINTS.

  (a) Inquiry and Report Required.--The General Accounting 
Office shall conduct a study examining--
          (1) the number of complaints concerning the 
        broadcasting of obscene, indecent, and profane material 
        to the Federal Communications Commission;
          (2) the number of such complaints that result in 
        final agency actions by the Commission;
          (3) the length of time taken by the Commission in 
        responding to such complaints;
          (4) what mechanisms the Commission has established to 
        receive, investigate, and respond to such complaints; 
        and
          (5) whether complainants to the Commission are 
        adequately informed by the Commission of the responses 
        to their complaints.
  (b) Submission of Report.--The General Accounting Office 
shall submit a report on the results of such study within one 
year after the date of enactment of this Act to the Committee 
on Commerce, Science, and Transportation of the Senate and the 
Committee on Energy and Commerce of the House of 
Representatives.
                              ----------                              


3. An Amendment To Be Offered by Representative Schakowsky of Illinois, 
               or Her Designee, Debatable for 20 Minutes

    In section 503(b)(2)(D) of the Communications Act of 1934, 
as amended by section 2(3)(B) of the bill, after ``each 
violation'' insert the following: ``, except that this sentence 
shall not apply if the violator is an individual''.

                                
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