To authorize the Federal Communications Commission to enforce its own forfeiture penalties with respect to violations of restrictions on the use of telephone equipment.

I 118TH CONGRESS 1ST SESSION H. R. 4224 To authorize the Federal Communications Commission to enforce its own forfeiture penalties with respect to violations of restrictions on the use of telephone equipment. IN THE HOUSE OF REPRESENTATIVES JUNE 20, 2023 Ms. MATSUI introduced the following bill; which was referred to the Com- mittee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the juris- diction of the committee concerned 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. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. ENFORCEMENT OF FORFEITURE PENALTIES BY 3 FEDERAL COMMUNICATIONS COMMISSION. 4 (a) IN GENERAL.—Title V of the Communications 5 Act of 1934 (47 U.S.C. 501 et seq.) is amended— 6 (1) in section 503(b)(3)(B) (47 U.S.C. 7 503(b)(3)(B)), by striking ‘‘In such action,’’ and in- 8 VerDate Sep 11 2014 19:02 Jul 16, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4224.IH H4224 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 4224 IH serting the following: ‘‘If, during the 120-day period 1 beginning on the date of a referral of an unpaid for- 2 feiture penalty imposed for a violation of section 227 3 (relating to restrictions on the use of telephone 4 equipment), the Attorney General does not com- 5 mence an action to recover the amount assessed, the 6 Commission may commence and supervise the litiga- 7 tion of such an action and any appeal of such an ac- 8 tion in its own name by any of its attorneys des- 9 ignated by it for such purpose. In any action under 10 this subparagraph,’’; and 11 (2) in section 504(a) (47 U.S.C. 504(a))— 12 (A) by striking ‘‘It shall be the duty’’ and 13 inserting ‘‘Except as provided in the subsequent 14 sentence, it shall be the duty’’; and 15 (B) by striking ‘‘The costs and expenses of 16 such prosecutions’’ and inserting the following: 17 ‘‘If, during the 120-day period beginning on the 18 date on which the Commission refers an unpaid 19 forfeiture penalty imposed for a violation of sec- 20 tion 227 (relating to restrictions on the use of 21 telephone equipment) to the Attorney General 22 for prosecution under this subsection, the At- 23 torney General does not commence such a pros- 24 ecution, the Commission may prosecute for the 25 VerDate Sep 11 2014 19:02 Jul 16, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4224.IH H4224 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 4224 IH recovery of the forfeiture penalty. The costs and 1 expenses of a prosecution under this sub- 2 section’’. 3 (b) PRIORITY.—In carrying out the amendments 4 made by subsection (a) of this section, the Federal Com- 5 munications Commission shall prioritize enforcement of 6 unpaid forfeiture penalties imposed for a violation of sec- 7 tion 227 of the Communications Act of 1934 (47 U.S.C. 8 227) (relating to restrictions on the use of telephone 9 equipment) that are greater than $25,000,000. 10 Æ VerDate Sep 11 2014 19:02 Jul 16, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H4224.IH H4224 pbinns on DSKJLVW7X2PROD with $$_JOB