H. R. 310 - BROADCAST INDECENCY ACT OF 2005

COMMITTEE ACTION: REPORTED BY VOICE VOTE on Tuesday, February 15, 2005.
FLOOR ACTION: ADOPTED BY VOICE VOTE on Wednesday, February 16, 2005.
MANAGERS: CAPITO/SLAUGHTER
109th Congress
1st Session

H. RES. 95
[Report No. 109-6]

H.R. 310 - BROADCAST DECENCY ENFORCEMENT ACT OF 2005

1. Structured rule.

2. Provides one hour of debate in the House equally divided and controlled by the chairman and ranking minority member of the Committee on Energy and Commerce.

3. Waives all points of order against consideration of the bill.

4. Makes in order the amendment printed in the Rules Committee report accompanying the resolution, if offered by Representative Upton of Michigan or his designee, which shall be considered as read, and which shall be debatable for 20 minutes equally divided and controlled by the proponent and an opponent.

5. Waives all points of order against the amendment printed in the report.

6. Provides one motion to recommit with or without instructions.

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RESOLUTION

Resolved, That upon the adoption of this resolution it shall be in order without intervention of any point of order to consider in the House the bill (H.R. 310) to increase the penalties for violations by television and radio broadcasters of the prohibitions against transmission of obscene, indecent, and profane material, and for other purposes. The bill shall be considered as read. The previous question shall be considered as ordered on the bill and on any amendment thereto to final passage without intervening motion except: (1) one hour of debate on the bill equally divided and controlled by the chairman and ranking minority member of the Committee on Energy and Commerce; (2) an amendment printed in the report of the Committee on Rules accompanying this resolution, if offered by Representative Upton of Michigan or his designee, which shall be in order without intervention of any point of order or demand for division of the question, shall be considered as read, and shall be separately debatable for 20 minutes equally divided and controlled by the proponent and an opponent; and (3) one motion to recommit with or without instructions.

SUMMARY OF AMENDMENT TO BE MADE IN ORDER
(Summaries derived from information provided by the amendment sponsor.)

1. Upton/Markey #3: Manager's Amendment.
Makes seven changes: (1) clarifies that the liability standard for non-licensees (performers, networks) is "willful and intentional"; (2) clarifies that for non-licensees to be found liable, the indecent statement must have been made "knowing or having a reason to know" that the statement would be broadcast; (3) changes the reference to the "General Accounting Office" to its new name of "Government Accountability Office"; (4) provides that if a violator of the provisions of the Act is an individual, the financial impact of a penalty can be taken into account; (5) requires the FCC's annual indecency enforcement report to include data going back to 2000; (6) requires the GAO's indecency enforcement report to include data going back to 2000; and (7) requires the FCC to promptly, and regularly thereafter, update its Policy Statement that provides guidance on the Indecency Standard. With an increase in penalties on those who are bound to this standard, it is important that they have a clear understanding of the precedents affecting them. (Revised) (20 minutes)

TEXT OF THE AMENDMENT(.pdf)