[Congressional Record Volume 172, Number 106 (Wednesday, June 24, 2026)]
[Senate]
[Pages S3417-S3418]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6256. Mr. SCHATZ submitted an amendment intended to be proposed by
him to the bill S. 4784, to authorize appropriations for fiscal year
2027 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
TITLE __--FEDERAL EMPLOYEES CIVIL RELIEF ACT
SEC. __01. SHORT TITLE.
This title may be cited as the ``Federal Employees Civil
Relief Act''.
SEC. __02. PURPOSE.
The purpose of this title is to provide for the temporary
suspension of judicial and administrative proceedings and
transactions that may adversely affect the civil rights of
Federal workers during a shutdown.
SEC. __03. DEFINITIONS.
In this title:
(1) Consumer reporting agency.--The term ``consumer
reporting agency'' has the meaning given the term in section
603(f) of the Fair Credit Reporting Act (15 U.S.C. 1681a(f)).
(2) Contractor.--The term ``contractor'' has the meaning
given the term in section 7101 of title 41, United States
Code.
(3) Court; judgment; state.--The terms ``court'',
``judgment'', and ``State'' have the meanings given those
terms in section 101 of the Servicemembers Civil Relief Act
(50 U.S.C. 3911).
(4) Covered period.--The term ``covered period'' means the
period beginning on the date on which a shutdown begins and
ending on the date that is 30 days after the date on which
that shutdown ends.
(5) Federal worker.--The term ``Federal worker''--
(A) means an employee of a Government agency; and
(B) includes an employee of a contractor.
(6) Government agency.--The term ``Government agency''
means each authority of the executive, legislative, or
judicial branch of the Government of the United States.
(7) Shutdown.--The term ``shutdown'' means any period in
which--
(A) there is more than a 24-hour lapse in appropriations
for any Government agency or Federal department as a result
of a failure to enact a regular appropriations bill or
continuing resolution; or
(B) the debt of the United States Government is greater
than the statutory limit under section 3101 of title 31,
United States Code.
SEC. __04. JURISDICTION.
(a) Jurisdiction.--This title shall apply to--
(1) the United States;
(2) each of the States, including each political
subdivision of a State; and
(3) all territory that is subject to the jurisdiction of
the United States.
(b) Applicability to Proceedings.--This title--
(1) shall apply to any judicial or administrative
proceeding that is commenced in any court or agency in any
jurisdiction that is subject to this title; and
(2) shall not apply to criminal proceedings or with respect
to child support payments.
(c) Court in Which Application May Be Made.--When, under
this title, any application is required to be made to a court
in which no proceeding has already been commenced with
respect to a matter, that application may be made to any
court that would otherwise have jurisdiction over the matter.
(d) Notification.--
(1) In general.--The head of the Government agency that
employs a Federal worker, or at which a Federal worker
performs services, as applicable, shall provide the Federal
worker with written notice regarding the benefits provided
under this title--
(A) on the date on which the individual becomes a Federal
worker; and
(B) periodically after the date described in subparagraph
(A), including on the date on which any shutdown begins.
(2) Legislative and judicial branch.--With respect to a
Federal worker in a Government agency in the legislative
branch or judicial branch (or, in the case of a Federal
worker who is an employee of a contractor, who provides
services at a Government agency in the legislative branch or
judicial branch), the officer or employee at the Government
agency who has the final authority to appoint, hire,
discharge, and set the terms, conditions, or privileges of
the employment of the Federal worker shall provide the notice
required under paragraph (1).
SEC. __05. ANTICIPATORY RELIEF.
A Federal worker who is furloughed or required to work
without pay during a shutdown may apply to a court for a
temporary stay, postponement, or suspension with respect to
any payment of rent, mortgage, tax, fine, penalty, insurance
premium, student loan repayment, or other civil obligation or
liability that the Federal worker or individual, as
applicable, owes or would owe during the duration of the
shutdown.
SEC. __06. EVICTIONS.
(a) Court-Ordered Eviction.--Except by the order of a
court, a landlord may not, during a shutdown--
(1) evict a Federal worker from premises that are occupied
or intended to be occupied primarily as a residence; or
(2) subject premises described in paragraph (1) to a
distress.
(b) Stay of Execution.--
(1) Court authority.--Upon an application for eviction or
distress with respect to premises described in subsection
(a)(1), a court may, upon motion of the court, and shall, if
a request is made by or on behalf of a Federal worker, the
ability of whom to pay the rent that is the subject of the
action is materially affected by a shutdown--
(A) stay the proceedings for a period of 30 days, unless,
in the opinion of the court, justice and equity require a
longer or shorter period of time; or
(B) adjust the obligation under the lease to preserve the
interests of all parties.
(2) Relief to landlord.--If a court grants a stay under
paragraph (1), the court may grant to the landlord (or other
person with paramount title) such relief as equity may
require.
(c) Misdemeanor.--Except as provided in subsection (a), a
person that knowingly takes part in an eviction or distress
described in that subsection, or that knowingly attempts to
take part in an eviction or distress described in that
subsection, shall be fined as provided in title 18, United
States Code, or imprisoned for not more than 1 year, or both.
SEC. __07. MORTGAGE PROTECTION AND FORECLOSURES.
(a) Definition.--In this section, the term ``covered
action'' means an action relating to an obligation--
(1) with respect to real or personal property owned by a
Federal worker; and
(2) that--
(A) originated before the date on which a shutdown begins;
(B) is in effect on the date on which a shutdown begins;
and
(C) is secured by a mortgage, trust deed, or other security
in the nature of a mortgage.
(b) Stay of Proceedings and Adjustment of Obligation.--If a
covered action is filed in a court during a covered period,
the court may, after a hearing and upon the motion of the
court, and shall, upon application by the Federal worker if
the ability of the Federal worker to comply with the covered
obligation is materially affected by the shutdown--
(1) stay the proceedings for a period of time as justice
and equity require; or
(2) adjust the obligation to preserve the interests of all
parties.
(c) Sale or Foreclosure.--A sale, foreclosure, or seizure
of property for a breach of an obligation described in
subsection (a) by a Federal worker shall not be valid if made
during a covered period except upon the order of a court that
is granted before that sale, foreclosure, or seizure, as
applicable, with a return made and approved by the court.
(d) Misdemeanor.--A person that knowingly makes or causes
to be made a sale, foreclosure, or seizure of property that
is prohibited under subsection (c), or that knowingly
attempts to make or cause to be made a sale, foreclosure, or
seizure of property that is prohibited under that subsection,
shall be fined as provided in title 18, United States Code,
or imprisoned for not more than 1 year, or both.
SEC. __08. LIENS.
(a) Liens.--
(1) Definition.--In this subsection, the term ``lien''
includes--
(A) a lien--
(i) for storage, repair, or cleaning of the property or
effects of a Federal worker; and
(ii) on the property or effects described in clause (i) for
any reason other than a reason described in that clause; and
(B) a loan that a Federal worker has obtained with respect
to a motor vehicle.
(2) Limitation on foreclosure or enforcement.--A person
holding a lien on the property or effects of a Federal worker
may not, during a covered period, foreclose on or enforce
that lien without the order of a court that was issued before
the date on which that foreclosure or enforcement occurs.
(b) Stay of Proceedings.--In a proceeding to foreclose on
or enforce a lien that is subject to this section, a court
may, upon the motion of the court, and shall, if requested by
a Federal worker, the ability of whom to comply with the
obligation resulting in the proceeding is materially affected
by a shutdown--
(1) stay the proceeding for a period of time as justice and
equity require; or
(2) adjust the obligation to preserve the interests of all
parties.
(c) Misdemeanor.--A person that knowingly takes an action
that violates this section, or attempts to take an action
that violates this section, shall be fined as provided in
title 18, United States Code, or imprisoned for not more than
1 year, or both.
SEC. __09. STUDENT LOANS.
(a) Definition of Student Loan.--In this section, the term
``student loan'' means the following:
(1) A loan made, insured, or guaranteed under title IV of
the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.),
including any Federal Direct Stafford Loan, Federal Direct
Unsubsidized Stafford Loan, Federal Direct PLUS Loan, or
Federal Direct Consolidation Loan.
(2) A private education loan, as such term is defined in
section 140(a) of the Truth in Lending Act (15 U.S.C.
1650(a)).
[[Page S3418]]
(b) Application to Student Loans.--This section shall apply
to any situation in which--
(1) the student loan payment of a Federal worker falls due
or remains unpaid during a shutdown; and
(2) during the shutdown described in paragraph (1), the
Federal worker described in that paragraph has been
furloughed or required to work without pay.
(c) Deferment Eligibility.--During a covered period, a
Federal worker shall be eligible for deferment, during which,
with respect to a student loan, periodic installments of
principal need not be paid and interest shall not accrue.
(d) Limitation on Defaults.--If the student loan payment of
a Federal worker falls due and remains unpaid during a
shutdown, the lender with respect to the student loan may not
place the loan in default without the order of a court.
(e) Limitation on Collections.--If the student loan of a
Federal worker has been placed in default before the date on
which a shutdown begins, the lender with respect to the
student loan may not, without the order of a court, perform
any of the following activities during the covered period
with respect to the shutdown:
(1) Send the student loan to collection.
(2) Report adverse information with respect to the Federal
worker to a consumer reporting agency.
(3) Garnish wages, tax refunds, or government benefits.
(f) Court Stay.--In a proceeding to collect a student loan
payment that is subject to this section, a court may, upon
the motion of the court, and shall, if requested by a Federal
worker whose ability to comply with the obligation resulting
in the proceeding is materially affected by a shutdown--
(1) stay the proceeding for a period of time as justice and
equity require; or
(2) adjust the obligation to preserve the interests of all
parties.
(g) Misdemeanor.--A person that knowingly violates this
section, or attempts to violate this section, shall be fined
as provided in title 18, United States Code, or imprisoned
for not more than 1 year, or both.
SEC. __010. INCOME TAXES.
(a) Deferral of Tax.--Upon notice to the Internal Revenue
Service, the collection of Federal income tax on the income
of a Federal worker falling due during a shutdown shall be
deferred for a period of not more than 90 days after the date
on which the shutdown ends if the ability of the Federal
worker to pay the income tax is materially affected by the
shutdown.
(b) Accrual of Interest or Penalty.--No interest or penalty
shall accrue during the period of deferment under subsection
(a) by reason of nonpayment on any amount of tax deferred
under this section.
(c) Statute of Limitations.--The running of a statute of
limitations against the collection of tax deferred under this
section, by seizure or otherwise, shall be suspended for the
covered period with respect to the shutdown to which the
collection applies.
(d) Application Limitation.--This section shall not apply
to the tax imposed on employees under section 3101 of the
Internal Revenue Code of 1986.
SEC. __011. INSURANCE PROTECTION.
(a) Definition.--In this section, the term ``covered
insurance policy'' means a policy--
(1) for--
(A) health insurance;
(B) life insurance;
(C) disability insurance; or
(D) motor vehicle insurance; and
(2) that--
(A) a Federal worker enters into before the date on which a
shutdown begins; and
(B) is in effect during a shutdown.
(b) Insurance Protection.--Without the order of a court, a
covered insurance policy shall not lapse or otherwise
terminate or be forfeited because a Federal worker does not
pay a premium, or interest or indebtedness on a premium,
under the policy that is due during a covered period with
respect to a shutdown.
SEC. __012. PROTECTION OF RIGHTS.
(a) Exercise of Rights Under Chapter Not To Affect Certain
Future Financial Transactions.--An application by a Federal
worker for, or the receipt by a Federal worker of, a stay,
postponement, or suspension under this title with respect to
the payment of a fine, penalty, insurance premium, or other
civil obligation or liability of that Federal worker shall
not itself (without regard to other considerations) provide
the basis for any of the following:
(1) A determination by a lender or other person that the
Federal worker is unable to pay the civil obligation or
liability, as applicable, in accordance with the terms of the
obligation or liability.
(2) With respect to a credit transaction between a creditor
and the Federal worker--
(A) a denial or revocation of credit by the creditor;
(B) a change by the creditor in the terms of an existing
credit arrangement; or
(C) a refusal by the creditor to grant credit to the
Federal worker in substantially the amount or on
substantially the terms requested.
(3) An adverse report relating to the creditworthiness of
the Federal worker by or to a person engaged in the practice
of assembling or evaluating consumer credit information.
(4) A refusal by an insurer to insure the Federal worker.
(5) A change in the terms offered or conditions required
for the issuance of insurance.
(b) Reduction or Waiver of Fines or Penalties.--If a
Federal worker fails to perform an obligation arising under a
contract and a penalty is incurred arising from that
nonperformance, a court may reduce or waive the fine or
penalty if--
(1) the Federal worker was furloughed or required to work
without pay during a shutdown on the date on which the fine
or penalty was incurred; and
(2) the ability of the Federal worker to perform the
obligation was materially affected by the shutdown described
in paragraph (1).
(c) Court Action Upon Material Effect Determination.--If a
court determines that a Federal worker is materially affected
by a shutdown in complying with a judgment or an order of a
court, the court may, upon the motion of the court, and
shall, on application by the Federal worker--
(1) stay the execution of any judgment or order entered
against the Federal worker; and
(2) vacate or stay an attachment or garnishment of
property, money, or debts in the possession of the Federal
worker or a third party, whether before or after the entry of
a judgment.
(d) Dependents.--Upon application to a court, a dependent
of a Federal worker is entitled to the protections under this
title if the ability of the dependent to comply with a lease,
contract, bailment, or other obligation is materially
affected by reason of the impact of a shutdown on the Federal
worker.
SEC. __013. ENFORCEMENT.
(a) Civil Action.--The Attorney General may commence a
civil action in any appropriate district court of the United
States against any person that engages in--
(1) a pattern or practice of violating this title; or
(2) a violation of this title that raises an issue of
significant public importance.
(b) Relief.--In a civil action commenced under subsection
(a), a court may--
(1) grant any appropriate equitable or declaratory relief
with respect to the violation of this title;
(2) award all other appropriate relief, including monetary
damages, to any person aggrieved by the violation described
in paragraph (1); and
(3) to vindicate the public interest, assess a civil
penalty--
(A) in an amount that is not more than $55,000 for a first
violation; and
(B) in an amount that is not more than $110,000 for any
subsequent violation.
(c) Intervention.--Upon timely application, a person that
is aggrieved by a violation of this title with respect to
which a civil action is commenced under subsection (a) may--
(1) intervene in the action; and
(2) obtain such appropriate relief as the person could
obtain in a civil action under subsection (d) with respect to
that violation, along with costs and a reasonable attorney
fee.
(d) Private Right of Action.--Any person that, after the
date of enactment of this Act, is aggrieved by a violation of
this title may, in a civil action--
(1) obtain any appropriate equitable or declaratory relief
with respect to the violation; and
(2) recover all other appropriate relief, including
monetary damages.
(e) Costs and Attorney Fees.--A court may award to a person
aggrieved by a violation of this title that prevails in an
action brought under subsection (d) the costs of the action,
including a reasonable attorney fee.
(f) No Preemption.--Nothing in this section may be
construed to preclude or limit any remedy otherwise available
under other law, including consequential and punitive
damages.
______