Mr. Chairman, I rise in support of H.R. 3717, the "Broadcast Decency Enforcement Act of 2004."

I commend Chairman Upton and Ranking Member Markey for introducing the original bill and for leading the bipartisan Committee process -- a process that has resulted in three important hearings, some noteworthy changes of direction among major broadcast companies, and, ultimately, the strong, bipartisan legislation we are considering today. I also commend Chairman Barton on his new position and for his leadership in shepherding H.R. 3717 through the Committee process.

Our constituents are fed up with the level of sex and violence on television and radio, as well as with the Federal Communications Commission's lax attitude regarding indecency complaints. Clearly, the Commission has been asleep at the switch for some time, and this has led certain broadcast companies to believe that there was little real risk of meaningful enforcement of the Commission's indecency rules.

As such, I am pleased the bill sets a deadline by which the Commission must act on consumer indecency complaints. It is appalling that the Commission routinely takes over a year from receipt of a consumer's complaint to issue a Notice of Apparent Liability to a broadcaster who has allegedly broadcast indecent material.

I am also pleased that the bill compels the Commission to use renewal and revocation processes to more closely examine the fitness of licensees who have been found to have broadcast obscene, indecent, or profane material. The Commission's refusal to utilize this existing authority has contributed enormously to the increase in filth in the broadcast marketplace.

Additionally, the measure before us will increase to $500,000 the maximum fine the Commission can level against someone who utters obscene, indecent, or profane material over television or radio. I am hopeful that this increase will encourage even the biggest broadcasters to take this matter seriously.

The bill, however, appropriately protects from indecency fines broadcast affiliates not owned by networks. Where the affiliate was not given a reasonable opportunity to review the programming in advance, or had no reason to believe the programming would contain obscene, indecent, or profane material, it should not and will not be liable.

I note that H.R. 3717 has apparently gotten the attention of Chairman Powell and that the Commission now appears to be taking this issue more seriously. Notwithstanding Chairman Powell's newly-developed and welcome acute sense of virtue on this matter, this legislation is necessary because as I have found, death-bed conversions seldom last long enough for the doctors' bills to get paid.

Accordingly, Congress will be watching. There is language included in the bill requiring the Commission to report to Congress each year on its activities enforcing against broadcast indecency. This requirement should assist this Commission, and future Commissions, in maintaining proper vigilance on this issue.

Mr. Chairman, the Congress must always proceed with great caution when it attempts, as it does here, to regulate protected speech. In this instance, I am confident that the Committee on Energy and Commerce carried forth a full, fair, and complete process and developed a solid record to support the legislation that we present to the House. I am proud of our work on this matter, and I urge my colleagues to support this bill.