To increase the penalties for violations by television and radio broadcasters of the prohibitions against transmission of obscene, indecent, and profane language.

February 9, 2004

Mr. BROWNBACK (for himself and Mr. Graham of South Carolina) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

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 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) 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 $275,000 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)'.

END