[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3695 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 3695

 To institute a moratorium on disconnections of telephone and internet 
                               services.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 12, 2020

 Mr. Merkley (for himself, Mr. Sanders, and Mr. Wyden) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To institute a moratorium on disconnections of telephone and internet 
                               services.

    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 ``Continuing Online Networking, 
Negating Economic Conditions on Technology at Home Act'' or the 
``CONNECT at Home Act''.

SEC. 2. MORATORIUM ON DISCONNECTION OF TELEPHONE AND INTERNET SERVICES.

    (a) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (2) COVID-19 emergency.--The term ``COVID-19 emergency'' 
        means the national emergency declared by the President under 
        the National Emergencies Act (50 U.S.C. 1601 et seq.) with 
        respect to the coronavirus disease 2019 (COVID-19).
            (3) Internet service.--The term ``internet service'' 
        includes broadband internet access service, as defined in 
        section 8.1(b) of title 47, Code of Federal Regulations (or any 
        successor regulation).
            (4) Low-income individual.--The term ``low-income 
        individual'' means an individual with a household income that 
        does not exceed 135 percent of the Federal poverty guidelines 
        issued by the Secretary of Health and Human Services.
            (5) Voice service.--
                    (A) In general.--The term ``voice service'' has the 
                meaning given the term in section 227(e)(8) of the 
                Communications Act of 1934 (47 U.S.C. 227(e)(8)).
                    (B) 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 503(a)(2)(C) of division P of the Consolidated 
                Appropriations Act, 2018 (Public Law 115-141; 132 Stat. 
                1091), subparagraph (A) of this paragraph shall be 
                applied as if that amendment had already taken effect.
    (b) Moratorium.--
            (1) In general.--Subject to paragraph (2), during the 
        period beginning on March 13, 2020, and ending on the date that 
        is 180 days after the date on which the COVID-19 emergency 
        terminates, a provider of voice service or internet service may 
        not terminate the provision of that service to a customer.
            (2) Violations prior to enactment.--
                    (A) 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 13, 2020, 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 Act.
                    (B) Final deadline.--If a provider of voice service 
                or internet service described in subparagraph (A) does 
                not resume providing service in accordance with that 
                subparagraph by the date that is 14 days after the date 
                of enactment of this Act, the provider shall be deemed 
                to be in violation of this subsection on and after such 
                14th day after the date of enactment of this Act.
    (c) Exceptions.--Subsection (b) shall not apply to the termination 
of the provision of voice service or internet service to a customer--
            (1) at the request of the customer;
            (2) to protect the network of the provider from abuse;
            (3) in cooperation with a law enforcement agency to protect 
        life and safety in exigent circumstances;
            (4) under a valid court order; or
            (5) in accordance with section 512 of title 17, United 
        States Code.
    (d) Enforcement.--
            (1) Civil forfeiture.--
                    (A) In general.--Any person that is determined by 
                the Commission, in accordance with paragraphs (3) and 
                (4) of section 503(b) of the Communications Act of 1934 
                (47 U.S.C. 503(b)), to have violated subsection (b) of 
                this section shall be liable to the United States for a 
                forfeiture penalty. The amount of the forfeiture 
                penalty determined under this paragraph shall not 
                exceed $100 for each day of the violation, except that 
                the amount assessed shall not exceed a total of 
                $1,000,000 for the termination of the provision of 
                service to a single customer.
                    (B) Recovery.--Any forfeiture penalty determined 
                under subparagraph (A) shall be recoverable in 
                accordance with section 504(a) of the Communications 
                Act of 1934 (47 U.S.C. 504(a)).
                    (C) Procedure.--No forfeiture liability shall be 
                determined under subparagraph (A) against any person 
                unless the person receives the notice required under 
                paragraph (3) or (4) of section 503(b) of the 
                Communications Act of 1934 (47 U.S.C. 503(b)).
                    (D) 2-year statute of limitations.--No forfeiture 
                penalty shall be determined or imposed against any 
                person under subparagraph (A) if the violation charged 
                occurred more than 2 years prior to the date of 
                issuance of the required notice or notice or apparent 
                liability.
                    (E) Use of forfeiture amounts.--Notwithstanding 
                section 504(a) of the Communications Act of 1934 (47 
                U.S.C. 504(a)), 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-19 emergency.
            (2) Private right of action.--
                    (A) In general.--A person may, if otherwise 
                permitted by the laws or rules of court of a State, 
                bring in an appropriate court of that State--
                            (i) an action based on a violation of 
                        subsection (b) to enjoin the violation;
                            (ii) an action to recover for actual 
                        monetary loss from a violation of subsection 
                        (b); or
                            (iii) both such actions.
                    (B) Willful or knowing violation.--If the court 
                finds that the defendant willfully or knowingly 
                violated subsection (b), the court may, in its 
                discretion--
                            (i) increase the amount of the award to an 
                        amount equal to not more than 3 times the 
                        amount that would otherwise be available under 
                        subparagraph (A)(ii); and
                            (ii) award the plaintiff reasonable 
                        attorney's fees and costs.
                    (C) Private right of action not waivable.--
                Notwithstanding chapter 1 of title 9, United States 
                Code (commonly known as the ``Federal Arbitration 
                Act''), or any other provision of law, a person may not 
                waive the right to bring an action under this paragraph 
                except as part of a settlement or resolution of a 
                claim, class action, or enforcement action for an 
                alleged violation of subsection (b) of this section.
            (3) Enforcement by states.--
                    (A) In general.--The chief legal officer of a 
                State, or any other State officer authorized by law to 
                bring actions on behalf of the residents of a State, 
                may bring a civil action, as parens patriae, on behalf 
                of the residents of that State in an appropriate 
                district court of the United States to enforce 
                subsection (b) or to impose the civil penalties for 
                violation of subsection (b), 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 (b).
                    (B) Notice.--The chief legal officer or other State 
                officer shall serve written notice on the Commission of 
                any civil action under subparagraph (A) prior to 
                initiating the civil action. The notice shall include a 
                copy of the complaint to be filed to initiate the civil 
                action, except that if it is not feasible for the State 
                to provide such prior notice, the State shall provide 
                the notice immediately upon instituting the civil 
                action.
                    (C) Authority to intervene.--Upon receiving the 
                notice required under subparagraph (B), the Commission 
                may--
                            (i) intervene in the action;
                            (ii) upon so intervening, be heard on all 
                        matters arising therein; and
                            (iii) file petitions for appeal.
                    (D) Construction.--For purposes of bringing any 
                civil action under subparagraph (A), 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 evidence.
                    (E) Venue; service or process.--
                            (i) Venue.--An action brought under 
                        subparagraph (A) shall be brought in a district 
                        court of the United States that meets 
                        applicable requirements relating to venue under 
                        section 1391 of title 28, United States Code.
                            (ii) Service of process.--In an action 
                        brought under subparagraph (A)--
                                    (I) process may be served without 
                                regard to the territorial limits of the 
                                district or of the State in which the 
                                action is instituted; and
                                    (II) 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 person.
    (e) No Waiver or Forbearance.--Notwithstanding any other provision 
of law, including the Communications Act of 1934 (47 U.S.C. 151 et 
seq.), the Commission may not--
            (1) waive the application of this section to any person;
            (2) forbear from applying this section;
            (3) prevent or hinder any person from exercising the 
        private right of action under subsection (d)(2); or
            (4) prevent or hinder an officer of a State from carrying 
        out subsection (d)(3).
    (f) Preemption.--
            (1) In general.--This section shall supersede any law of a 
        State to the extent that the law directly conflicts with this 
        section.
            (2) 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 
        section.
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