,,ii #aafth ,,congress #b;d ,session ,s4 #cfie ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ab1 #bjbj,mr4 ,merkley 7for himself1 ,mr4 ,sanders1 and ,mr4 ,wyden7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to institute a moratorium on disconnections of telephone and internet services4 #a4 ,short title ,this ,act may be cited as the ,continuing ,online ,networking1 ,negating ,economic ,conditions on ,technology at ,home ,act or the ,,connect at ,home ,act4 #b4 ,moratorium on disconnection of telephone and internet services 7a7 ,definitions ,in this section3 7#a7 ,commission ,the term ,commission means the ,federal ,communications ,commission4 7#b7 ,,covid-#ai emergency ,the term ,,covid-#ai emergency means the national emergency declared by the ,president under the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq47 with respect to the coronavirus disease #bjai 7,,covid-#ai74 7#c7 ,internet service ,the term internet service includes broadband internet access service1 as defined in section #h4a7;b7 of title #dg1 ,code of ,federal ,regulations 7or any successor regulation74 7#d7 ,low-income individual ,the term low-income individual means an individual with a household income that does not exceed #ace percent of the ,federal poverty guidelines issued by the ,secretary of ,health and ,human ,services4 7#e7 ,voice service 7,a7 ,in general ,the term voice service has the meaning given the term in section #bbg7;e77#h7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7;e77#h774 7,b7 ,applicability ,during the period beginning on the date of enactment of this ,act and ending on the day before the effective date of the amendment made by section #ejc7;a77#b77;,c7 of division ,p of the ,consolidated ,appropriations ,act1 #bjah 7,public ,law #aae-ada2 #acb ,stat4 #ajia71 subparagraph 7,a7 of this paragraph shall be applied as if that amendment had already taken effect4 7b7 ,moratorium 7#a7 ,in general ,subject to paragraph 7#b71 during the period beginning on ,march #ac1 #bjbj1 and ending on the date that is #ahj days after the date on which the ,,covid-#ai emergency terminates1 a provider of voice service or internet service may not terminate the provision of that service to a customer4 7#b7 ,violations prior to enactment 7,a7 ,reinstatement of service ,any provider of voice service or internet service that terminated the provision of that service to a customer during the period beginning on ,march #ac1 #bjbj1 and ending on the day before the date of enactment of this ,act shall immediately resume providing the service upon the date of enactment of this ,act4 7,b7 ,final deadline ,if a provider of voice service or internet service described in subparagraph 7,a7 does not resume providing service in accordance with that subparagraph by the date that is #ad days after the date of enactment of this ,act1 the provider shall be deemed to be in violation of this subsection on and after such #adth day after the date of enactment of this ,act4 7c7 ,exceptions ,subsection 7b7 shall not apply to the termination of the provision of voice service or internet service to a customer-- 7#a7 at the request of the customer2 7#b7 to protect the network of the provider from abuse2 7#c7 in cooperation with a law enforcement agency to protect life and safety in exigent circumstances2 7#d7 under a valid court order2 or 7#e7 in accordance with section #eab of title #ag1 ,united ,states ,code4 7d7 ,enforcement 7#a7 ,civil forfeiture 7,a7 ,in general ,any person that is determined by the ,commission1 in accordance with paragraphs 7#c7 and 7#d7 of section #ejc7;b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #ejc7;b771 to have violated subsection 7b7 of this section shall be liable to the ,united ,states for a forfeiture penalty4 ,the amount of the forfeiture penalty determined under this paragraph shall not exceed #ajj for each day of the violation1 except that the amount assessed shall not exceed a total of #a1jjj1jjj for the termination of the provision of service to a single customer4 7,b7 ,recovery ,any forfeiture penalty determined under subparagraph 7,a7 shall be recoverable in accordance with section #ejd7;a7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #ejd7;a774 7,c7 ,procedure ,no forfeiture liability shall be determined under subparagraph 7,a7 against any person unless the person receives the notice required under paragraph 7#c7 or 7#d7 of section #ejc7;b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #ejc7;b774 7,d7 #b-year statute of limitations ,no forfeiture penalty shall be determined or imposed against any person under subparagraph 7,a7 if the violation charged occurred more than #b years prior to the date of issuance of the required notice or notice or apparent liability4 7,e7 ,use of forfeiture amounts ,notwithstanding section #ejd7;a7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #ejd7;a771 the ,commission shall use the proceeds of any forfeiture penalty collected under this paragraph to provide assistance to low-income individuals who lack access to affordable broadband service due to the ,,covid-#ai emergency4 7#b7 ,private right of action 7,a7 ,in general ,a person may1 if otherwise permitted by the laws or rules of court of a ,state1 bring in an appropriate court of that ,state-- 7i7 an action based on a violation of subsection 7b7 to enjoin the violation2 7ii7 an action to recover for actual monetary loss from a violation of subsection 7b72 or 7iii7 both such actions4 7,b7 ,willful or knowing violation ,if the court finds that the defendant willfully or knowingly violated subsection 7b71 the court may1 in its discretion-- 7i7 increase the amount of the award to an amount equal to not more than #c times the amount that would otherwise be available under subparagraph 7,a77ii72 and 7ii7 award the plaintiff reasonable attorney's fees and costs4 7,c7 ,private right of action not waivable ,notwithstanding chapter #a of title #i1 ,united ,states ,code 7commonly known as the ,federal ,arbitration ,act71 or any other provision of law1 a person may not waive the right to bring an action under this paragraph except as part of a settlement or resolution of a claim1 class action1 or enforcement action for an alleged violation of subsection 7b7 of this section4 7#c7 ,enforcement by ,states 7,a7 ,in general ,the chief legal officer of a ,state1 or any other ,state officer authorized by law to bring actions on behalf of the residents of a ,state1 may bring a civil action1 as parens patriae1 on behalf of the residents of that ,state in an appropriate district court of the ,united ,states to enforce subsection 7b7 or to impose the civil penalties for violation of subsection 7b71 whenever the chief legal officer or other ,state officer has reason to believe that the interests of the residents of the ,state have been or are being threatened or adversely affected by a violation of subsection 7b74 7,b7 ,notice ,the chief legal officer or other ,state officer shall serve written notice on the ,commission of any civil action under subparagraph 7,a7 prior to initiating the civil action4 ,the notice shall include a copy of the complaint to be filed to initiate the civil action1 except that if it is not feasible for the ,state to provide such prior notice1 the ,state shall provide the notice immediately upon instituting the civil action4 7,c7 ,authority to intervene ,upon receiving the notice required under subparagraph 7,b71 the ,commission may-- 7i7 intervene in the action2 7ii7 upon so intervening1 be heard on all matters arising therein2 and 7iii7 file petitions for appeal4 7,d7 ,construction ,for purposes of bringing any civil action under subparagraph 7,a71 nothing in this paragraph shall prevent the chief legal officer or other ,state officer from exercising the powers conferred on that officer by the laws of the ,state to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence4 7,e7 ,venue2 service or process 7i7 ,venue ,an action brought under subparagraph 7,a7 shall be brought in a district court of the ,united ,states that meets applicable requirements relating to venue under section #acia of title #bh1 ,united ,states ,code4 7ii7 ,service of process ,in an action brought under subparagraph 7,a7-- 7,i7 process may be served without regard to the territorial limits of the district or of the ,state in which the action is instituted2 and 7,,ii7 a person who participated in an alleged violation that is being litigated in the civil action may be joined in the civil action without regard to the residence of the person4 7e7 ,no waiver or forbearance ,notwithstanding any other provision of law1 including the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq471 the ,commission may not-- 7#a7 waive the application of this section to any person2 7#b7 forbear from applying this section2 7#c7 prevent or hinder any person from exercising the private right of action under subsection 7d77#b72 or 7#d7 prevent or hinder an officer of a ,state from carrying out subsection 7d77#c74 7f7 ,preemption 7#a7 ,in general ,this section shall supersede any law of a ,state to the extent that the law directly conflicts with this section4 7#b7 ,floor ,a law of a ,state shall not be considered to be in direct conflict with this section if the law affords a greater level of protection to customers protected under this section4