Акт об обеспечении соблюдения правовых норм Федеральной комиссии связи

SUMMARY

FCC Legal Enforcement Act

This bill authorizes the Federal Communications Commission (FCC) to pursue certain unpaid fines related to unauthorized telemarketing calls.

Under current law, the Telephone Consumer Protection Act (TCPA) prohibits certain telemarketing calls made without the recipient’s consent and using automatic dialing technology or artificial or prerecorded voice messages. The Department of Justice (DOJ) has authority to pursue unpaid fines for TCPA violations.

Under the bill, if DOJ does not pursue an unpaid fine related to a TCPA violation within a specified period, the FCC may do so. The bill directs the FCC to prioritize the collection of unpaid fines over $25 million.

FULL TEXT

[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [S. 1025 Introduced in Senate (IS)]

119th CONGRESS 1st Session 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

March 13, 2025

Mr. Lujan (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.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``FCC Legal Enforcement Act''.

SEC. 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.

SEC. 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''. <all>