text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Preventing Illegal Radio Abuse 
  Through Enforcement Act'' or the ``PIRATE Act''.
  
  SEC. 2. PIRATE RADIO ENFORCEMENT ENHANCEMENTS.
  
      Title V of the Communications Act of 1934 (47 U.S.C. 501 et seq.) 
  is amended by adding at the end the following new section:
  
  ``SEC. 511. ENHANCED PENALTIES FOR PIRATE RADIO BROADCASTING; 
                ENFORCEMENT SWEEPS; REPORTING.
  
      ``(a) Increased General Penalty.--Any person who willfully and 
  knowingly does or causes or suffers to be done any pirate radio 
  broadcasting shall be subject to a fine of not more than $2,000,000.
      ``(b) Violation of This Act, Rules, or Regulations.--Any person who 
  willfully and knowingly violates this Act or any rule, regulation, 
  restriction, or condition made or imposed by the Commission under 
  authority of this Act, or any rule, regulation, restriction, or 
  condition made or imposed by any international radio or wire 
  communications treaty or convention, or regulations annexed thereto, to 
  which the United States is or may hereafter become party, relating to 
  pirate radio broadcasting shall, in addition to any other penalties 
  provided by law, be subject to a fine of not more than $100,000 for 
  each day during which such offense occurs, in accordance with the limit 
  described in subsection (a).
      ``(c) Facilitation.--Any person who knowingly and intentionally 
  facilitates pirate radio broadcasting shall be subject to a fine of not 
  more than $2,000,000.
      ``(d) Annual Report.--Not later than 1 year after the date of 
  enactment of the PIRATE Act, and annually thereafter, the Commission 
  shall submit to the House Committee on Energy and Commerce and the 
  Senate Committee on Commerce, Science, and Transportation a report 
  summarizing the implementation of this section and associated 
  enforcement activities for the previous fiscal year, which may include 
  the efforts by the Commission to enlist the cooperation of Federal, 
  State, and local law enforcement personnel (including United States 
  Attorneys and the United States Marshals Service) for service of 
  process, collection of fines or forfeitures, seizures of equipment, and 
  enforcement of orders.
      ``(e) Enforcement Sweeps.--
              ``(1) Annual sweeps.--Not less than once each year, the 
          Commission shall assign appropriate enforcement personnel to 
          focus specific and sustained attention on the elimination of 
          pirate radio broadcasting within the top five radio markets 
          identified as prevalent for such broadcasts. Such effort shall 
          include identifying, locating, and taking enforcement actions 
          designed to terminate such operations.
              ``(2) Additional monitoring.--Within 6 months after 
          conducting the enforcement sweeps required by paragraph (1), 
          the Commission shall conduct monitoring sweeps to ascertain 
          whether the pirate radio broadcasting identified by enforcement 
          sweeps is continuing to broadcast and whether additional pirate 
          radio broadcasting is occurring.
              ``(3) No effect on remaining enforcement.--Notwithstanding 
          paragraph (1), the Commission shall not decrease or diminish 
          the regular enforcement efforts targeted to pirate radio 
          broadcast stations for other times of the year.
      ``(f) State and Local Government Authority.--The Commission may not 
  preempt any State or local law prohibiting pirate radio broadcasting.
      ``(g) Revision of Commission Rules Required.--The Commission shall 
  revise its rules to require that, absent good cause, in any case 
  alleging a violation of subsection (a) or (b), the Commission shall 
  proceed directly to issue a `Notice of Apparent Liability' without 
  first issuing a `Notice of Unlicensed Operations'.
      ``(h) Pirate Radio Broadcasting Database.--
              ``(1) In general.--Not later than 90 days after the date of 
          the enactment of this section, and semi-annually thereafter, 
          the Commission shall publish a database in a clear and legible 
          format of all licensed radio stations operating in the AM and 
          FM bands. The database shall be easily accessible from the 
          Commission home page through a direct link. The database shall 
          include the following information:
                      ``(A) Each licensed station, listed by the assigned 
                  frequency, channel number, or Commission call letters.
                      ``(B) All entities that have received a Notice of 
                  Unlicensed Operation, Notice of Apparent Liability, or 
                  Forfeiture Order by the Commission.
              ``(2) Clear identification.--The Commission shall clearly 
          identify in the database--
                      ``(A) each licensed station as a station licensed 
                  by the Commission; and
                      ``(B) each entity described in paragraph (1)(B) as 
                  operating without a Commission license or 
                  authorization.
      ``(i) Definitions.--In this section:
              ``(1) Pirate radio broadcasting.--The term `pirate radio 
          broadcasting' means the transmission of communications on 
          spectrum frequencies between 535 to 1705 kHz or 87.7 to 108 MHz 
          without a license issued by the Federal Communications 
          Commission, but does not include unlicensed operations in 
          compliance with part 15 of title 47, Code of Federal 
          Regulations.
              ``(2) Facilitates.--The term `facilitates' means providing 
          access to property (and improvements thereon) or providing 
          physical goods or services, including providing housing, 
          facilities, or financing, that directly aid pirate radio 
          broadcasting.
              ``(3) Knowingly and intentionally.--The term `knowingly and 
          intentionally' means the person was previously served by the 
          Commission with a notice of unlicensed operations, notice of 
          apparent liability, or citation for efforts to facilitate 
          pirate radio broadcasting.''.
  
  SEC. 3. NO ADDITIONAL FUNDS AUTHORIZED.
  
      No additional funds are authorized to be appropriated to carry out 
  this Act or the amendment made by
  
  
                
  
   this Act. This Act and the amendment made by this Act shall be carried 
  out using amounts otherwise authorized.
  
              Passed the House of Representatives July 23, 2018.
  
              Attest:
  
                                                   KAREN L. HAAS,
  
                                                                   Clerk.
target: Preventing Illegal Radio Abuse Through Enforcement Act or the PIRATE Act (Sec. 2) This bill amends the Communications Act of 1934 to address unlicensed radio broadcasting (called "pirating"), including:  increasing the fine for a pirate radio broadcasting violation&nbsp;to not more than $2 million,  imposing a fine of up to $100,000 per day for pirating violations subject to the $2 million limit, and  establishing&nbsp;a&nbsp;fine of up to&nbsp;$2 million&nbsp;for any person who facilitates pirate radio broadcasting ("facilitating" includes providing access to property or providing physical goods or services).&nbsp;&nbsp;&nbsp;  The FCC must: (1) annually report to Congress summarizing implementation of this bill and associated enforcement activities for the previous fiscal year; and (2) at least once a year, assign appropriate enforcement personnel to focus specific and sustained attention on the elimination of pirate radio broadcasting within the top five radio markets. The FCC may not preempt any state or local law prohibiting pirate radio broadcasting. The FCC shall: (1) revise its rules to require that, absent good cause, in any case alleging a violation, it shall proceed directly to issue a Notice of Apparent Liability without first issuing a Notice of Unlicensed Operations; and (2) publish a database of all licensed radio stations operating in the AM and FM bands, which shall be easily accessible from the FCC home page, identifying each licensed station and all entities that have received a Notice of Unlicensed Operation, Notice of Apparent Liability, or Forfeiture Order by the FCC. (Sec. 3) No additional funds are authorized to carry out this bill.
feat_title: Preventing Illegal Radio Abuse Through Enforcement Act