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

March 1, 2004

Mr. MILLER 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 Responsibility and 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)(i) Notwithstanding subparagraph (A), if the violator is--

`(I)(aa) a broadcast station licensee or permittee;

`(bb) an applicant for any broadcast license, permit, certificate, or other instrument or authorization issued by the Commission; or

`(cc) any other company or individual that has participated in a broadcast described in subclause (II), including producers, general managers, performers, and networks; and

`(II) determined by the Commission under paragraph (1) to have participated in broadcasting obscene, indecent, or profane language;

the amount of any forfeiture penalty determined under this subsection shall be 25 cents times the number of individuals who witnessed or heard the broadcast as determined by a viewership rating service selected by the Commission.

`(ii) Amounts collected pursuant to this subparagraph shall be used--

`(I) first to fund the enforcement costs of this subparagraph; and

`(II) after funding subclause (I), to make grants to faith based programs selected by the Faith Based Initiative Office of the White House.'; and

(3) in subparagraph (D), as redesignated by paragraph (1), by striking `subparagraph (A) or (B)' and inserting `subparagraph (A), (B), or (C)'.

SEC. 3. COUNCIL OF DECENCY.

(a) COUNCIL- The Federal Communications Commission shall establish a Council of Decency which shall consist of--

(1) 3 individuals from the ministry;

(2) 3 television and broadcast industry representatives; and

(3) 3 teachers from primary or secondary educational institutions.

(b) DUTIES- The Council of Decency shall advise the Federal Communications Commission on standards of decency as applied to broadcasts over which the Commission has jurisdiction.

END