[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.
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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
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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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