[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 819 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 819

  To protect the public from the harmful consequences of the Federal 
    Government shutdown by prohibiting certain actions, to provide 
 enforcement for such prohibition by the Federal Trade Commission, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 28, 2019

Mr. Ted Lieu of California (for himself and Mr. Gallego) introduced the 
   following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
  To protect the public from the harmful consequences of the Federal 
    Government shutdown by prohibiting certain actions, to provide 
 enforcement for such prohibition by the Federal Trade Commission, 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 ``Protecting Families from Government 
Shutdowns Act''.

SEC. 2. ACTIONS PROHIBITED DURING A FEDERAL GOVERNMENT SHUTDOWN.

    (a) Conduct Prohibited.--
            (1) Reliance on government service.--It shall be unlawful 
        for an entity to do any of the following with respect to a 
        person if that person is unable to meet an obligation because 
        of Government service is not available during a lapse in 
        appropriations:
                    (A) Debt collection.
                    (B) Collect interest on loans accrued during the 
                lapse.
                    (C) Eviction.
                    (D) Foreclosure.
                    (E) Acceleration or downgrading of credit.
                    (F) Require any other obligation required by law or 
                contract that relies on a Government service not 
                available during a lapse in appropriations.
            (2) Service contracts.--It shall be unlawful for an entity 
        to enforce any penalty provision in a contract for services 
        that is violated as the result of a lapse in appropriations and 
        services being stopped.
    (b) Enforcement by the Federal Trade Commission.--
            (1) In general.--A violation of subsection (a) shall be 
        treated as an unfair and deceptive act or practice in violation 
        of a regulation issued under section 18(a)(1)(B) of the Federal 
        Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
            (2) Promulgation of rule.--Not later than 180 days after 
        the date of enactment of this Act, the Federal Trade Commission 
        shall, in accordance with section 553 of title 5, United States 
        Code, promulgate rules to prohibit, as an unfair and deceptive 
        act or practice, the conduct described in subsection (a). A 
        violation of such rules shall be treated as a violation of a 
        rule defining an unfair or deceptive act or practice under 
        section 18(a)(1)(B) of the Federal Trade Commission Act (15 
        U.S.C. 57a(a)(1)(B)). The Commission shall enforce such rules 
        in the same manner, by the same means, and with the same 
        jurisdiction, powers, and duties as though all applicable terms 
        and provisions of the Federal Trade Commission Act were 
        incorporated into and made a part of this Act. Any person who 
        violates this Act shall be subject to the penalties and 
        entitled to the privileges and immunities provided in the 
        Federal Trade Commission Act (15 U.S.C. 41 et seq.).
    (c) Enforcement by States.--
            (1) Authorization.--Subject to paragraph (2), in any case 
        in which the attorney general of a State has reason to believe 
        that an interest of the residents of the State has been or is 
        threatened or adversely affected by a violation of subsection 
        (a), the attorney general of the State may, as parens patriae, 
        bring a civil action on behalf of the residents of the State in 
        an appropriate district court of the United States to obtain 
        appropriate relief.
            (2) Rights of federal trade commission.--
                    (A) Notice to ftc.--
                            (i) In general.--Except as provided in 
                        clause (iii), the attorney general of a State 
                        shall notify the Federal Trade Commission in 
                        writing that the attorney general intends to 
                        bring a civil action under paragraph (1) before 
                        initiating the civil action against a person 
                        for a violation of subsection (a).
                            (ii) Contents.--The notification required 
                        by clause (i) with respect to a civil action 
                        shall include a copy of the complaint to be 
                        filed to initiate the civil action.
                            (iii) Exception.--If it is not feasible for 
                        the attorney general of a State to provide the 
                        notification required by clause (i) before 
                        initiating a civil action under paragraph (1), 
                        the attorney general shall notify the 
                        Commission immediately upon instituting the 
                        civil action.
                    (B) Intervention by the ftc.--The Federal Trade 
                Commission may--
                            (i) intervene in any civil action brought 
                        by the attorney general of a State under 
                        paragraph (1); and
                            (ii) upon intervening, be heard on all 
                        matters arising in the civil action, and file 
                        petitions for appeal of a decision in the civil 
                        action.
            (3) Pending action by the federal trade commission.--If the 
        Federal Trade Commission institutes a civil action or an 
        administrative action with respect to a violation of subsection 
        (a), the attorney general of a State may not, during the 
        pendency of such action, bring a civil action under paragraph 
        (1) against any defendant named in the complaint of the 
        Commission for the violation with respect to which the 
        Commission instituted such action.
    (d) Prohibition on Enforcement of Agency Penalties.--
            (1) In general.--An agency may not enforce any agency 
        penalty (including for a loan, an application deadline, or 
        other deadline) for a violation that was the result of a lapse 
        in appropriations for that agency. An agency shall extend any 
        such deadline to expire 30 days after the date on which there 
        is no longer a lapse in such appropriations. This prohibition 
        does not create any private right of action.
            (2) Applicability.--Any agency that enforced a penalty 
        during the period beginning one year before the date of the 
        enactment of this Act and ending on the date of the enactment 
        of this Act shall reverse and nullify any such enforcement to 
        the greatest extent possible.
    (e) Agency Guidance.--Not later than 180 days after the date of the 
enactment of this Act, the head of each agency shall issue guidance on 
how that agency--
            (1) will not enforce any penalties occurring as a result of 
        a lapse in appropriations for that agency, including financial, 
        administrative, and any deadline missed; and
            (2) will notify the public about the guidance issued 
        pursuant to this subsection.
    (f) Agency Defined.--The term ``agency'' has the meaning given that 
term in section 551 of title 5, United States Code.
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