HR 3717 108th Congress House Science, Technology, Communications Administrative remedies Congress Congressional investigations Congressional reporting requirements Crime and Law Enforcement Families Federal Communications Commission Fines (Penalties) Government Operations and Politics Independent regulatory commissions Law Liability (Law) Licenses Limitation of actions Pornography Public service advertising Radio broadcasting Radio programs Radio stations

Broadcast Decency Enforcement Act of 2004

Introduced: January 21, 2004 See on congress.gov

Everywhere this bill has been 30 steps

Introduced

In committee

Reported out

Passed House

Passed Senate

To President

Became law

Mar 26, 2004

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 464.

Mar 25, 2004

Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

Mar 11, 2004

Received in the Senate.

Mar 11, 2004

The title of the measure was amended. Agreed to without objection.

Mar 11, 2004

Motion to reconsider laid on the table Agreed to without objection.

Mar 11, 2004

On passage Passed by recorded vote: 391 - 22, 1 Present (Roll no. 55).

Mar 11, 2004

Passed/agreed to in House: On passage Passed by recorded vote: 391 - 22, 1 Present (Roll no. 55).

Mar 11, 2004

The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (consideration: CR H1034; text: CR H1031-1033)

Mar 11, 2004

The previous question was ordered pursuant to the rule.

Mar 11, 2004

The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3717.

Mar 11, 2004

DEBATE - Pursuant to the provisions of H. Res. 554 the Committee of the Whole proceeded with ten minutes of debate on the Sessions amendment.

Mar 11, 2004

DEBATE - Pursuant to the provisions in H. Res. 554 the Committee of the Whole proceeded with twenty minutes of debate on the Upton amendment.

Mar 11, 2004

GENERAL DEBATE - The Committee of the Whole proceeded with ninety minutes of general debate on H.R. 3717.

Mar 11, 2004

The Speaker designated the Honorable Bob Goodlatte to act as Chairman of the Committee.

Mar 11, 2004

House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 554 and Rule XVIII.

Mar 11, 2004

Rule provides for consideration of H.R. 3717 with 1 hour and 30 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Energy and Commerce now printed in the bill. Measure will be considered read. Specified amendments are in order.

Mar 11, 2004

Considered under the provisions of rule H. Res. 554. (consideration: CR H1019-1035)

Mar 11, 2004

Rule H. Res. 554 passed House.

Mar 10, 2004

Rules Committee Resolution H. Res. 554 Reported to House. Rule provides for consideration of H.R. 3717 with 1 hour and 30 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Energy and Commerce now printed in the bill. Measure will be considered read. Specified amendments are in order.

Mar 9, 2004

Placed on the Union Calendar, Calendar No. 251.

Mar 9, 2004

Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 108-434.

Mar 3, 2004

Ordered to be Reported (Amended) by Voice Vote.

Mar 3, 2004

Committee Consideration and Mark-up Session Held.

Feb 26, 2004

Subcommittee Hearings Held.

Feb 12, 2004

Forwarded by Subcommittee to Full Committee by Voice Vote.

Feb 12, 2004

Subcommittee Consideration and Mark-up Session Held.

Feb 11, 2004

Subcommittee Hearings Held.

Feb 3, 2004

Referred to the Subcommittee on Telecommunications and the Internet.

Jan 21, 2004

Referred to the House Committee on Energy and Commerce.

Jan 21, 2004

Introduced in House

Votes taken on this bill 1

Date	Chamber	What was voted on	Result	Yes–No
Mar 11, 2004	House · vote #55	On Passage	Passed	391–22	See who voted →

Plain-English summary Congressional Research Service

Broadcast Decency Enforcement Act of 2004 - (Sec. 2) Amends the Communications Act of 1934 to provide that if the violator of the terms and conditions of any Federal Communications Commission (FCC) license, permit, or certificate is either a broadcast station licensee or permittee or an applicant for a broadcast license, permit, or certificate, and such violator is determined by the FCC to have broadcast obscene, indecent, or profane material, the amount of forfeiture penalty shall not exceed $500,000 for each violation.

(Sec. 3) Directs the FCC, in enforcing penalties for violators, to take into account specified factors with respect to the violator's: (1) degree of culpability, including whether the offending material was live or recorded and scripted or unscripted; and (2) ability to pay, including whether the violator is a company or individual and the company's size. Provides an enforcement exception, under certain circumstances, for a licensee or permittee not owned or controlled by the network organization providing the offending material to the licensee or permittee for broadcast.

(Sec. 4) Makes the prohibition on penalties against nonlicensees inapplicable in the case of a person who utters obscene, indecent, or profane material broadcast by a licensee or permittee if such person willfully or intentionally makes the utterance.

(Sec. 5) Provides deadlines for actions on complaints of violations of this Act.

(Sec. 6) Authorizes the FCC, in addition to such penalties, to require the offending licensee or permittee to broadcast public service announcements that serve the educational and informational needs of children and reaches an audience of up to five times the audience estimated to have been reached by the obscene, indecent, or profane material.

(Sec. 7) Directs the FCC, in any subsequent proceeding against a broadcast licensee or permittee who has already paid a fine for violating the provisions of this Act or when a court has ordered payment of a penalty and such order has become final, to: (1) consider whether the broadcast of such material demonstrates a lack of character or other qualifications required to operate a station; and (2) treat such violation as a serious violation with respect to the determination of license or permit renewal.

(Sec. 9) Requires that if the FCC has issued a notice of violation in each of three or more proceedings during the term of the broadcast license and in each proceeding the fine was paid or a court has ordered payment of a penalty and such order has become final, then the FCC shall commence a proceeding to consider revocation of that station's license or permit.

(Sec. 10) Requires annual FCC reports to Congress to include information with respect to violations of this Act and related proceedings.

(Sec. 11) Requires the General Accounting Office to study and report to specified congressional committees on the complaints made to the FCC concerning the broadcasting of obscene, indecent, and profane material.

(Sec. 12) Expresses the sense of Congress that the broadcast television station licensees should reinstitute a family viewing policy for broadcasters that is similar to the policy that existed in the United States from 1975 to 1983.

What's happening now March 26, 2004

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 464.

Committees of jurisdiction 2