    [United States Statutes at Large, Volume 134, 116th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 116-109
    116th Congress

    An Act

    To amend the Communications Act of 1934 to provide for enhanced
    penalties for pirate radio, 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 ``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 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) 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 Committee on Energy and Commerce of the House of
    Representatives and the Committee on Commerce, Science, and
    Transportation of the Senate 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.
    ``(d) <>  Enforcement Sweeps.--

    [[Page 4]]

    ``(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 5 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.

    ``(e) State and Local Government Authority.--The Commission may not
    preempt any State or local law prohibiting pirate radio broadcasting.
    ``(f) <>  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 operation.

    ``(g) 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 issued 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.

    ``(h) Definition of Pirate Radio Broadcasting.--In this section, the
    term `pirate radio broadcasting' means the transmission of
    communications on spectrum frequencies between 535 and 1705 kilohertz,
    inclusive, or 87.7 and 108 megahertz, inclusive, without a license
    issued by the Commission, but does not include unlicensed

    [[Page 5]]

    operations in compliance with part 15 of title 47, Code of Federal
    Regulations.''.

    Approved January 24, 2020.

    LEGISLATIVE HISTORY--H.R. 583 (S. 1228):
    ---------------------------------------------------------------------------

    SENATE REPORTS: No. 116-178 (Comm. on Commerce, Science, and
    Transportation) accompanying S. 1228.
    CONGRESSIONAL RECORD:
    Vol. 165 (2019):
    Feb. 25, considered and passed
    House.
    Vol. 166 (2020):
    Jan. 8, considered and passed
    Senate.