II 119THCONGRESS 1 STSESSION S. 1025 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. IN THE SENATE OF THE UNITED STATES MARCH13, 2025 Mr. L UJA´N(for himself, Mr. BLUMENTHAL, Mr. WELCH, Mr. SCHATZ, Mr. D URBIN, 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 viola- tions of restrictions on the use of telephone equipment, and for other purposes. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘FCC Legal Enforce-4 ment Act’’. 5 VerDate Sep 11 2014 02:09 Mar 25, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1025.IS S1025 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 •S 1025 IS SEC. 2. ENFORCEMENT OF FORFEITURE PENALTIES BY 1 FEDERAL COMMUNICATIONS COMMISSION. 2 (a) I NGENERAL.—Title V of the Communications 3 Act of 1934 (47 U.S.C. 501 et seq.) is amended— 4 (1) in section 503(b)(3)(B) (47 U.S.C. 5 503(b)(3)(B)), by striking ‘‘In such action,’’ and in-6 serting the following: ‘‘If, during the 120-day period 7 beginning on the date of a referral of an unpaid for-8 feiture penalty imposed for a violation of section 227 9 (relating to restrictions on the use of telephone 10 equipment), the Attorney General does not com-11 mence an action to recover the amount assessed, the 12 Commission may commence and supervise the litiga-13 tion of such an action and any appeal of such an ac-14 tion in its own name by any of its attorneys des-15 ignated by it for such purpose. In any action under 16 this subparagraph,’’; and 17 (2) in section 504(a) (47 U.S.C. 504(a))— 18 (A) by striking ‘‘It shall be the duty’’ and 19 inserting ‘‘Except as provided in the subsequent 20 sentence, it shall be the duty’’; and 21 (B) by striking ‘‘The costs and expenses of 22 such prosecutions’’ and inserting the following: 23 ‘‘If, during the 120-day period beginning on the 24 date on which the Commission refers an unpaid 25 forfeiture penalty imposed for a violation of sec-26 VerDate Sep 11 2014 02:09 Mar 25, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1025.IS S1025 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 •S 1025 IS tion 227 (relating to restrictions on the use of 1 telephone equipment) to the Attorney General 2 for prosecution under this subsection, the At-3 torney General does not commence such a pros-4 ecution, the Commission may prosecute for the 5 recovery of the forfeiture penalty. The costs and 6 expenses of a prosecution under this sub-7 section’’. 8 (b) P RIORITY.—In carrying out the amendments 9 made by subsection (a) of this section, the Federal Com-10 munications Commission shall prioritize enforcement of 11 unpaid forfeiture penalties imposed for a violation of sec-12 tion 227 of the Communications Act of 1934 (47 U.S.C. 13 227) (relating to restrictions on the use of telephone 14 equipment) that are greater than $25,000,000. 15 SEC. 3. REGULATIONS FOR RESTRICTIONS ON USE OF 16 AUTOMATED TELEPHONE EQUIPMENT. 17 Section 227(b)(2) of the Communications Act of 18 1934 (47 U.S.C. 227(b)(2)) is amended, in the matter 19 preceding subparagraph (A), by inserting before the pe-20 riod the following: ‘‘as necessary in the judgment of the 21 Commission to protect subscribers from unwanted calls’’. 22 Æ VerDate Sep 11 2014 02:09 Mar 25, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\S1025.IS S1025 kjohnson on DSK7ZCZBW3PROD with $$_JOB