§ 504. — Forfeitures.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 47USC504]
TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
CHAPTER 5--WIRE OR RADIO COMMUNICATION
SUBCHAPTER V--PENAL PROVISIONS; FORFEITURES
Sec. 504. Forfeitures
(a) Recovery
The forfeitures provided for in this chapter shall be payable into
the Treasury of the United States, and shall be recoverable, except as
otherwise provided with respect to a forfeiture penalty determined under
section 503(b)(3) of this title, in a civil suit in the name of the
United States brought in the district where the person or carrier has
its principal operating office or in any district through which the line
or system of the carrier runs: Provided, That any suit for the recovery
of a forfeiture imposed pursuant to the provisions of this chapter shall
be a trial de novo: Provided further, That in the case of forfeiture by
a ship, said forfeiture may also be recoverable by way of libel in any
district in which such ship shall arrive or depart. Such forfeitures
shall be in addition to any other general or specific penalties provided
in this chapter. It shall be the duty of the various United States
attorneys, under the direction of the Attorney General of the United
States, to prosecute for the recovery of forfeitures under this chapter.
The costs and expenses of such prosecutions shall be paid from the
appropriation for the expenses of the courts of the United States.
(b) Remission and mitigation
The forfeitures imposed by subchapter II of this chapter, parts II
and III of subchapter III of this chapter, and sections 503(b) and 507
of this title shall be subject to remission or mitigation by the
Commission under such regulations and methods of ascertaining the facts
as may seem to it advisable, and, if suit has been instituted, the
Attorney General, upon request of the Commission, shall direct the
discontinuance of any prosecution to recover such forfeitures: Provided,
however, That no forfeiture shall be remitted or mitigated after
determination by a court of competent jurisdiction.
(c) Use of notice of apparent liability
In any case where the Commission issues a notice of apparent
liability looking toward the imposition of a forfeiture under this
chapter, that fact shall not be used, in any other proceeding before the
Commission, to the prejudice of the person to whom such notice was
issued, unless (i) the forfeiture has been paid, or (ii) a court of
competent jurisdiction has ordered payment of such forfeiture, and such
order has become final.
(June 19, 1934, ch. 652, title V, Sec. 504, 48 Stat. 1101; May 20, 1937,
ch. 229, Sec. 14, 50 Stat. 197; June 25, 1948, ch. 646, Sec. 1, 62 Stat.
909; Aug. 13, 1954, ch. 735, Sec. 4, 68 Stat. 729; Aug. 6, 1956, ch.
973, Sec. 2, 70 Stat. 1048; Pub. L. 86-752, Sec. 7(b)-(d), Sept. 13,
1960, 74 Stat. 895; Pub. L. 87-448, Sec. 2, May 11, 1962, 76 Stat. 69;
Pub. L. 95-234, Sec. 3, Feb. 21, 1978, 92 Stat. 35; Pub. L. 96-507,
Sec. 2(c), Dec. 8, 1980, 94 Stat. 2747.)
References in Text
Parts II and III of subchapter III of this chapter, referred to in
subsec. (b), are classified to sections 351 et seq. and 381 et seq.,
respectively, of this title.
Amendments
1980--Subsec. (b). Pub. L. 96-507 conformed reference to section 507
of this title to reflect renumbering of that section which required no
change in text.
1978--Subsec. (a). Pub. L. 95-234, Sec. 3(a), inserted in first
sentence ``, except as otherwise provided with respect to a forfeiture
penalty determined under section 503(b)(3) of this title,'' after
``recoverable''. Such wording was inserted only after the first
reference to ``recoverable'' as the probable intent of Congress.
Subsec. (b). Pub. L. 95-234, Sec. 3(b), inserted reference to
subchapter II of this chapter and struck out reference to section 510 of
this title and ``, upon application therefor,'' after ``by the
Commission''.
1962--Subsec. (b). Pub. L. 87-448 empowered the Commission to remit
or mitigate the forfeitures imposed by section 510 of this title.
1960--Subsec. (a). Pub. L. 86-752, Sec. 7(b), inserted proviso that
any suit for recovery of a forfeiture shall be a trial de novo.
Subsec. (b). Pub. L. 86-752, Sec. 7(c), substituted ``sections
503(b) and 507'' for ``section 507''.
Subsec. (c). Pub. L. 86-752, Sec. 7(d), added subsec. (c).
1956--Subsec. (b). Act Aug. 6, 1956, inserted reference to part III
of subchapter III.
1954--Subsec. (b). Act Aug. 13, 1954, inserted reference to section
507 of this title.
1937--Act May 20, 1937, designated existing provisions as subsec.
(a), inserted proviso as to recovery of forfeiture in any district where
a ship may arrive or depart, and added subsec. (b).
Change of Name
Act June 25, 1948, eff. Sept. 1, 1948, substituted ``United States
attorneys'' for ``district attorneys''. See section 541 of Title 28,
Judiciary and Judicial Procedure, and Historical and Revision Notes
thereunder.
Effective Date of 1978 Amendment
Amendment by Pub. L. 95-234 effective on thirtieth day after Feb.
21, 1978, see section 7 of Pub. L. 95-234, set out as a note under
section 152 of this title.
Effective Date of 1962 Amendment
Section 3 of Pub. L. 87-448 provided that: ``The amendments made by
this Act [enacting section 510 of this title and amending this section]
shall take effect on the thirtieth day after the date of its enactment
[May 11, 1962].''
Effective Date of 1956 Amendment
Amendment by act Aug. 6, 1956, effective Mar. 1, 1957, see section 4
of act Aug. 6, 1956, set out as an Effective Date note under section 381
of this title.
Effective Date of 1954 Amendment
Amendment by act Aug. 13, 1954, effective Nov. 13, 1954, see section
6 of act Aug. 13, 1954, set out as an Effective Date note under section
507 of this title.
Section Referred to in Other Sections
This section is referred to in section 503 of this title.
