Providing for Consideration of H.R. 3717, Broadcast Decency Enforcement Act of 2004

PROVIDING FOR CONSIDERATION OF H.R. 3717, BROADCAST DECENCY ENFORCEMENT ACT OF 2004 -- (House of Representatives - March 11, 2004)

Mrs. MYRICK. Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 554 and ask for its immediate consideration.

The Clerk read the resolution, as follows:

H. Res. 554

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 C
ommerce 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.

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AMENDMENT NO. 2 OFFERED BY MR. SESSIONS

Mr. SESSIONS. Mr. Chairman, I offer an amendment.

The CHAIRMAN pro tempore. The Clerk will designate the amendment.

The text of the amendment is as follows:

Amendment No. 2 offered by Mr. Sessions:

After section 10 of the bill insert the following section (and redesignate the succeeding sections accordingly):

SEC. 11. GAO STUDY OF INDECENT BROADCASTING COMPLAINTS.

(a) Inquiry and Report Required.—The General Accounting Office shall conduct a study examining—

(1) the number of complaints concerning the broadcasting of obscene, indecent, and profane material to the Federal Communications Commission;

(2) the number of such complaints that result in final agency actions by the Commission;

(3) the length of time taken by the Commission in responding to such complaints;

(4) what mechanisms the Commission has established to receive, investigate, and respond to such complaints; and

(5) whether complainants to the Commission are adequately informed by the Commission of the responses to their complaints.

(b) Submission of Report.—The General Accounting Office shall submit a report on the results of such study within one year after the date of enactment of this Act to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives.

The CHAIRMAN pro tempore. Pursuant to House Resolution 554, the gentleman from Texas (Mr. Sessions) and a Member opposed each will control 5 minutes.

The Chair recognizes the gentleman from Texas (Mr. Sessions).

Mr. SESSIONS. Mr. Chairman, I yield myself such time as I may consume.

My amendment is a simple contribution to this bill that I believe will bring some additional accountability and enforcement to the FCC's current process of handling broadcasting complaints and proposed violation of FCC rules.

My amendment to this legislation would give the General Accounting Office 1 year to study and report back to Congress on the number of complaints concerning the broadcasting of obscenity, indecency, 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 proceed, investigate, and respond to such complaints; and whether such complaints to the commission are adequately informed by the commission of their responses to those complainants.

I believe that this amendment will help this body to conform with third-party data and the relevant facts and figures that the FCC is doing its utmost to carry out the intent of the important legislation that we are considering today.

The Upton legislation will crack down on indecent over-the-air broadcasts and will bring much-needed accountability to our public airwaves. Last year, there were over 240,000 complaints against 375 programs, but the FCC issued only three notices of proposed violations. I believe that Congress should get more information about what the FCC is doing to help us perform an important oversight function over the FCC's action and its accountability to the American public.

I would like to thank the gentleman from Michigan (Chairman UPTON), the gentleman from Texas (Chairman BARTON), and the gentleman from California (Chairman Dreier) for their important work and leadership in bringing this legislation to the floor today. I urge my colleagues to support this amendment to allow the GAO to gain more information from the FCC about how they are handling complaints that they receive on indecent material.

Mr. Chairman, I would simply ask that we include this amendment, and I ask for its immediate consideration.

Mr. Chairman, I yield back the balance of my time.

The CHAIRMAN pro tempore. Does any Member claim the time in opposition?

The question is on the amendment offered by the gentleman from Texas (Mr. Sessions).

The amendment was agreed to.

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