H.R. 3717 - Broadcast Decency Enforcement Act of 2004

COMMITTEE ACTION: REPORTED BY RECORD VOTE of 9 - 2, on Wednesday, March 10, 2004.
FLOOR ACTION:ADOPTED BY VOICE VOTE on Thursday, March 11, 2004.
MANAGERS: MYRICK/FROST
108th Congress
2nd Session

H.R. 3717 - Broadcast Decency Enforcement Act of 2004

1. Structured rule.

2. Provides ninety minutes of general debate 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. 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.

5. Waives all points of order against the Committee amendment in the nature of a substitute.

6. Makes in order only those amendments to the Committee amendment in the nature of a substitute which are printed in the Rules Committee report accompanying the resolution.

7. Provides that the amendments made in order may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole.

8. Waives all points of order against the amendments printed in the report.

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

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RESOLUTION

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 3717) to increase the penalties for violations by television and radio broadcasters of the prohibitions against transmission of obscene, indecent, and profane language. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed ninety minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Energy and Commerce. After general debate the bill shall be considered for amendment under the five-minute rule. 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. The committee amendment in the nature of a substitute shall be considered as read. All points of order against the committee amendment in the nature of a substitute are waived. No amendment to the committee amendment in the nature of a substitute shall be in order except those printed in the report of the Committee on Rules accompanying this resolution. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against such amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the committee amendment in the nature of a substitute. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.


SUMMARY OF AMENDMENTS MADE IN ORDER

1. Upton #5
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 #8
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)

Schakowsky #3
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 THE AMENDMENT(.pdf)

Upton

Sessions

Schakowsky