S. 1025

119 S1025 IS: FCC Legal Enforcement Act
 U.S. Senate
 2025-03-13
 text/xml
 EN
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 II  119th CONGRESS  1st Session  S. 1025  IN THE SENATE OF THE UNITED STATES   March 13, 2025   Mr. Luján  (for himself,  Mr. Blumenthal ,  Mr. Welch ,  Mr. Schatz ,  Mr. Durbin , and  Ms. Klobuchar ) introduced the following bill; which was read twice and referred to the  Committee on Commerce, Science, and Transportation    A BILL
To authorize the Federal Communications Commission to enforce its own forfeiture penalties with respect to violations of restrictions on the use of telephone equipment, and for other purposes.
1.
Short title
This Act may be cited as the   FCC Legal Enforcement Act  .
2.
Enforcement of forfeiture penalties by Federal Communications Commission
(a)
In general
Title V of the Communications Act of 1934 ( 47 U.S.C. 501 et seq. ) is amended—
(1)
in section 503(b)(3)(B) ( 47 U.S.C. 503(b)(3)(B) ), by striking  In such action,  and inserting the following:  If, during the 120-day period beginning on the date of a referral of an unpaid forfeiture penalty imposed for a violation of section 227 (relating to restrictions on the use of telephone equipment), the Attorney General does not commence an action to recover the amount assessed, the Commission may commence and supervise the litigation of such an action and any appeal of such an action in its own name by any of its attorneys designated by it for such purpose. In any action under this subparagraph, ; and
(2)
in section 504(a) ( 47 U.S.C. 504(a) )—
(A)
by striking  It shall be the duty  and inserting  Except as provided in the subsequent sentence, it shall be the duty ; and
(B)
by striking  The costs and expenses of such prosecutions  and inserting the following:  If, during the 120-day period beginning on the date on which the Commission refers an unpaid forfeiture penalty imposed for a violation of section 227 (relating to restrictions on the use of telephone equipment) to the Attorney General for prosecution under this subsection, the Attorney General does not commence such a prosecution, the Commission may prosecute for the recovery of the forfeiture penalty. The costs and expenses of a prosecution under this subsection .
(b)
Priority
In carrying out the amendments made by subsection (a) of this section, the Federal Communications Commission shall prioritize enforcement of unpaid forfeiture penalties imposed for a violation of section 227 of the Communications Act of 1934 ( 47 U.S.C. 227 ) (relating to restrictions on the use of telephone equipment) that are greater than $25,000,000.
3.
Regulations for restrictions on use of automated telephone equipment
Section 227(b)(2) of the Communications Act of 1934 ( 47 U.S.C. 227(b)(2) ) is amended, in the matter preceding subparagraph (A), by inserting before the period the following:  as necessary in the judgment of the Commission to protect subscribers from unwanted calls .