II 

116TH CONGRESS 

1ST SESSION S. 72 

To suspend the enforcement of certain civil liabilities of Federal employees 

and contractors during a lapse in appropriations, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 9, 2019 

Mr. SCHATZ (for himself, Mr. CARDIN, Mr. VAN HOLLEN, Ms. HASSAN, Mr. 

HEINRICH, Mr. BOOKER, Mr. MURPHY, Ms. BALDWIN, Ms. HIRONO, Mr. 

BROWN, Mr. WARNER, and Ms. CORTEZ MASTO) introduced the following 

bill; which was read twice and referred to the Committee on Finance 

A BILL 

To suspend the enforcement of certain civil liabilities of 

Federal employees and contractors during a lapse in 

appropriations, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Employees 

5 Civil Relief Act’’. 

6 SEC. 2. PURPOSE. 

7 The purpose of this Act is to provide for the tem8 porary suspension of judicial and administrative proVerDate Sep 11 2014 02:32 Jan 18, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S72.IS S72

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1 ceedings and transactions that may adversely affect the 

2 civil rights of Federal workers during a shutdown. 

3 SEC. 3. DEFINITIONS. 

4 In this Act: 

5 (1) CONSUMER REPORTING AGENCY.—The term 

6 ‘‘consumer reporting agency’’ has the meaning given 

7 the term in section 603(f) of the Fair Credit Report8 ing Act (15 U.S.C. 1681a(f)). 

9 (2) CONTRACTOR.—The term ‘‘contractor’’ has 

10 the meaning given the term in section 7101 of title 

11 41, United States Code. 

12 (3) COURT; JUDGMENT; STATE.—The terms 

13 ‘‘court’’, ‘‘judgment’’, and ‘‘State’’ have the mean14 ings given those terms in section 101 of the 

15 Servicemembers Civil Relief Act (50 U.S.C. 3911). 

16 (4) COVERED PERIOD.—The term ‘‘covered pe17 riod’’ means the period beginning on the date on 

18 which a shutdown begins and ending on the date 

19 that is 30 days after the date on which that shut20 down ends. 

21 (5) FEDERAL WORKER.—The term ‘‘Federal 

22 worker’’— 

23 (A) means an employee of a Government 

24 agency; and 

25 (B) includes an employee of a contractor. 


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1 (6) GOVERNMENT AGENCY.—The term ‘‘Gov2 ernment agency’’ means each authority of the execu3 tive, legislative, or judicial branch of the Government 

4 of the United States. 

5 (7) SHUTDOWN.—The term ‘‘shutdown’’ means 

6 any period in which there is more than a 24-hour 

7 lapse in appropriations for any Government agency 

8 or Federal department as a result of a failure to 

9 enact a regular appropriations bill or continuing res10 olution. 

11 SEC. 4. JURISDICTION. 

12 (a) JURISDICTION.—This Act shall apply to— 

13 (1) the United States; 

14 (2) each of the States, including each political 

15 subdivision of a State; and 

16 (3) all territory that is subject to the jurisdic17 tion of the United States. 

18 (b) APPLICABILITY TO PROCEEDINGS.—This Act— 

19 (1) shall apply to any judicial or administrative 

20 proceeding that is commenced in any court or agen21 cy in any jurisdiction that is subject to this Act; and 

22 (2) shall not apply to criminal proceedings or 

23 with respect to child support payments. 

24 (c) COURT IN WHICH APPLICATION MAY BE

25 MADE.—When, under this Act, any application is required 


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1 to be made to a court in which no proceeding has already 

2 been commenced with respect to a matter, that application 

3 may be made to any court that would otherwise have juris4 diction over the matter. 

5 (d) NOTIFICATION.— 

6 (1) IN GENERAL.—The head of the Government 

7 agency that employs a Federal worker, or at which 

8 a Federal worker performs services, as applicable, 

9 shall provide the Federal worker with written notice 

10 regarding the benefits provided under this Act— 

11 (A) on the date on which the individual be12 comes a Federal worker; and 

13 (B) periodically after the date described in 

14 subparagraph (A), including on the date on 

15 which any shutdown begins. 

16 (2) LEGISLATIVE AND JUDICIAL BRANCH.— 

17 With respect to a Federal worker in a Government 

18 agency in the legislative branch or judicial branch, 

19 (or, in the case of a Federal worker who is an em20 ployee of a contractor, who provides services at a 

21 Government agency in the legislative branch or judi22 cial branch), the officer or employee at the Govern23 ment agency who has the final authority to appoint, 

24 hire, discharge, and set the terms, conditions, or 

25 privileges of the employment of the Federal worker 


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1 shall provide the notice required under paragraph 

2 (1). 

3 SEC. 5. ANTICIPATORY RELIEF. 

4 A Federal worker who is furloughed or required to 

5 work without pay during a shutdown may apply to a court 

6 for a temporary stay, postponement, or suspension with 

7 respect to any payment of rent, mortgage, tax, fine, pen8 alty, insurance premium, student loan repayment, or other 

9 civil obligation or liability that the Federal worker or indi10 vidual, as applicable, owes or would owe during the dura11 tion of the shutdown. 

12 SEC. 6. EVICTIONS. 

13 (a) COURT-ORDERED EVICTION.—Except by the 

14 order of a court, a landlord may not, during a shutdown— 

15 (1) evict a Federal worker from premises that 

16 are occupied or intended to be occupied primarily as 

17 a residence; or 

18 (2) subject premises described in paragraph (1) 

19 to a distress. 

20 (b) STAY OF EXECUTION.— 

21 (1) COURT AUTHORITY.—Upon an application 

22 for eviction or distress with respect to premises de23 scribed in subsection (a)(1), a court may, upon mo24 tion of the court, and shall, if a request is made by 

25 or on behalf of a Federal worker, the ability of 


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1 whom to pay the rent that is the subject of the ac2 tion is materially affected by a shutdown— 

3 (A) stay the proceedings for a period of 30 

4 days, unless, in the opinion of the court, justice 

5 and equity require a longer or shorter period of 

6 time; or 

7 (B) adjust the obligation under the lease to 

8 preserve the interests of all parties. 

9 (2) RELIEF TO LANDLORD.—If a court grants 

10 a stay under paragraph (1), the court may grant to 

11 the landlord (or other person with paramount title) 

12 such relief as equity may require. 

13 (c) MISDEMEANOR.—Except as provided in sub14 section (a), a person that knowingly takes part in an evic15 tion or distress described in that subsection, or that know16 ingly attempts to take part in an eviction or distress de17 scribed in that subsection, shall be fined as provided in 

18 title 18, United States Code, or imprisoned for not more 

19 than 1 year, or both. 

20 SEC. 7. MORTGAGE PROTECTION AND FORECLOSURES. 

21 (a) DEFINITION.—In this section, the term ‘‘covered 

22 action’’ means an action relating to an obligation— 

23 (1) with respect to real or personal property 

24 owned by a Federal worker; and 

25 (2) that— 


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1 (A) originated before the date on which a 

2 shutdown begins; 

3 (B) is in effect on the date on which a 

4 shutdown begins; and 

5 (C) is secured by a mortgage, trust deed, 

6 or other security in the nature of a mortgage. 

7 (b) STAY OF PROCEEDINGS AND ADJUSTMENT OF

8 OBLIGATION.—If a covered action is filed in a court dur9 ing a covered period, the court may, after a hearing and 

10 upon the motion of the court, and shall, upon application 

11 by the Federal worker if the ability of the Federal worker 

12 to comply with the covered obligation is materially affected 

13 by the shutdown— 

14 (1) stay the proceedings for a period of time as 

15 justice and equity require; or 

16 (2) adjust the obligation to preserve the inter17 ests of all parties. 

18 (c) SALE OR FORECLOSURE.—A sale, foreclosure, or 

19 seizure of property for a breach of an obligation described 

20 in subsection (a) by a Federal worker shall not be valid 

21 if made during a covered period except upon the order of 

22 a court that is granted before that sale, foreclosure, or 

23 seizure, as applicable, with a return made and approved 

24 by the court. 


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1 (d) MISDEMEANOR.—A person that knowingly makes 

2 or causes to be made a sale, foreclosure, or seizure of prop3 erty that is prohibited under subsection (c), or that know4 ingly attempts to make or cause to be made a sale, fore5 closure, or seizure of property that is prohibited under 

6 that subsection, shall be fined as provided in title 18, 

7 United States Code, or imprisoned for not more than 1 

8 year, or both. 

9 SEC. 8. LIENS. 

10 (a) LIENS.— 

11 (1) DEFINITION.—In this subsection, the term 

12 ‘‘lien’’ includes— 

13 (A) a lien— 

14 (i) for storage, repair, or cleaning of 

15 the property or effects of a Federal work16 er; and 

17 (ii) on the property or effects de18 scribed in clause (i) for any reason other 

19 than a reason described in that clause; and 

20 (B) a loan that a Federal worker has ob21 tained with respect to a motor vehicle. 

22 (2) LIMITATION ON FORECLOSURE OR EN23 FORCEMENT.—A person holding a lien on the prop24 erty or effects of a Federal worker may not, during 

25 a covered period, foreclose on or enforce that lien 


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1 without the order of a court that was issued before 

2 the date on which that foreclosure or enforcement 

3 occurs. 

4 (b) STAY OF PROCEEDINGS.—In a proceeding to 

5 foreclose on or enforce a lien that is subject to this section, 

6 a court may, upon the motion of the court, and shall, if 

7 requested by a Federal worker, the ability of whom to 

8 comply with the obligation resulting in the proceeding is 

9 materially affected by a shutdown— 

10 (1) stay the proceeding for a period of time as 

11 justice and equity require; or 

12 (2) adjust the obligation to preserve the inter13 ests of all parties. 

14 (c) MISDEMEANOR.—A person that knowingly takes 

15 an action that violates this section, or attempts to take 

16 an action that violates this section, shall be fined as pro17 vided in title 18, United States Code, or imprisoned for 

18 not more than 1 year, or both. 

19 SEC. 9. STUDENT LOANS. 

20 (a) DEFINITION OF STUDENT LOAN.—In this sec21 tion, the term ‘‘student loan’’ means the following: 

22 (1) A loan made, insured, or guaranteed under 

23 title IV of the Higher Education Act of 1965 (20 

24 U.S.C. 1070 et seq.), including any Federal Direct 

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1 ford Loan, Federal Direct PLUS Loan, or Federal 

2 Direct Consolidation Loan. 

3 (2) A private education loan, as such term is 

4 defined in section 140(a) of the Truth in Lending 

5 Act (15 U.S.C. 1650(a)). 

6 (b) APPLICATION TO STUDENT LOANS.—This section 

7 shall apply to any situation in which— 

8 (1) the student loan payment of a Federal 

9 worker falls due or remains unpaid during a shut10 down; and 

11 (2) during the shutdown described in paragraph 

12 (1), the Federal worker described in that paragraph 

13 has been furloughed or required to work without 

14 pay. 

15 (c) DEFERMENT ELIGIBILITY.—During a covered pe16 riod, a Federal worker shall be eligible for deferment, dur17 ing which, with respect to a student loan, periodic install18 ments of principal need not be paid and interest shall not 

19 accrue. 

20 (d) LIMITATION ON DEFAULTS.—If the student loan 

21 payment of a Federal worker falls due and remains unpaid 

22 during a shutdown, the lender with respect to the student 

23 loan may not place the loan in default without the order 

24 of a court. 


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1 (e) LIMITATION ON COLLECTIONS.—If the student 

2 loan of a Federal worker has been placed in default before 

3 the date on which a shutdown begins, the lender with re4 spect to the student loan may not, without the order of 

5 a court, perform any of the following activities during the 

6 covered period with respect to the shutdown: 

7 (1) Send the loan to collection. 

8 (2) Report adverse information with respect to 

9 the Federal worker to a consumer reporting agency. 

10 (3) Garnish wages, tax refunds, or government 

11 benefits. 

12 (f) COURT STAY.—In a proceeding to collect a stu13 dent loan payment that is subject to this section, a court 

14 may, upon the motion of the court, and shall, if requested 

15 by a Federal worker, the ability of whom to comply with 

16 the obligation resulting in the proceeding is materially af17 fected by a shutdown— 

18 (1) stay the proceeding for a period of time as 

19 justice and equity require; or 

20 (2) adjust the obligation to preserve the inter21 ests of all parties. 

22 (g) MISDEMEANOR.—A person that knowingly vio23 lates this section, or attempts to violate this section, shall 

24 be fined as provided in title 18, United States Code, or 

25 imprisoned for not more than 1 year, or both. 


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1 SEC. 10. INCOME TAXES. 

2 (a) DEFERRAL OF TAX.—Upon notice to the Internal 

3 Revenue Service, the collection of Federal income tax on 

4 the income of a Federal worker falling due during a shut5 down shall be deferred for a period of not more than 90 

6 days after the date on which the shutdown ends if the 

7 ability of the Federal worker to pay the income tax is ma8 terially affected by the shutdown. 

9 (b) ACCRUAL OF INTEREST OR PENALTY.—No inter10 est or penalty shall accrue during the period of deferment 

11 under subsection (a) by reason of nonpayment on any 

12 amount of tax deferred under this section. 

13 (c) STATUTE OF LIMITATIONS.—The running of a 

14 statute of limitations against the collection of tax deferred 

15 under this section, by seizure or otherwise, shall be sus16 pended for the covered period with respect to the shut17 down to which the collection applies. 

18 (d) APPLICATION LIMITATION.—This section shall 

19 not apply to the tax imposed on employees under section 

20 3101 of the Internal Revenue Code of 1986. 

21 SEC. 11. INSURANCE PROTECTION. 

22 (a) DEFINITION.—In this section, the term ‘‘covered 

23 insurance policy’’ means a policy— 

24 (1) for— 

25 (A) health insurance; 

26 (B) life insurance; 


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1 (C) disability insurance; or 

2 (D) motor vehicle insurance; and 

3 (2) that— 

4 (A) a Federal worker enters into before the 

5 date on which a shutdown begins; and 

6 (B) is in effect during a shutdown. 

7 (b) INSURANCE PROTECTION.—Without the order of 

8 a court, a covered insurance policy shall not lapse or other9 wise terminate or be forfeited because a Federal worker 

10 does not pay a premium, or interest or indebtedness on 

11 a premium, under the policy that is due during a covered 

12 period with respect to a shutdown. 

13 SEC. 12. PROTECTION OF RIGHTS. 

14 (a) EXERCISE OF RIGHTS UNDER CHAPTER NOT TO

15 AFFECT CERTAIN FUTURE FINANCIAL TRANSACTIONS.— 

16 An application by a Federal worker for, or the receipt by 

17 a Federal worker of, a stay, postponement, or suspension 

18 under this Act with respect to the payment of a fine, pen19 alty, insurance premium, or other civil obligation or liabil20 ity of that Federal worker shall not itself (without regard 

21 to other considerations) provide the basis for any of the 

22 following: 

23 (1) A determination by a lender or other person 

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1 ligation or liability, as applicable, in accordance with 

2 the terms of the obligation or liability. 

3 (2) With respect to a credit transaction between 

4 a creditor and the Federal worker— 

5 (A) a denial or revocation of credit by the 

6 creditor; 

7 (B) a change by the creditor in the terms 

8 of an existing credit arrangement; or 

9 (C) a refusal by the creditor to grant cred10 it to the Federal worker in substantially the 

11 amount or on substantially the terms requested. 

12 (3) An adverse report relating to the credit13 worthiness of the Federal worker by or to a person 

14 engaged in the practice of assembling or evaluating 

15 consumer credit information. 

16 (4) A refusal by an insurer to insure the Fed17 eral worker. 

18 (5) A change in the terms offered or conditions 

19 required for the issuance of insurance. 

20 (b) REDUCTION OR WAIVER OF FINES OR PEN21 ALTIES.—If a Federal worker fails to perform an obliga22 tion arising under a contract and a penalty is incurred 

23 arising from that nonperformance, a court may reduce or 

24 waive the fine or penalty if— 


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1 (1) the Federal worker was furloughed or re2 quired to work without pay during a shutdown on 

3 the date on which the fine or penalty was incurred; 

4 and 

5 (2) the ability of the Federal worker to perform 

6 the obligation was materially affected by the shut7 down described in paragraph (1). 

8 (c) COURT ACTION UPON MATERIAL AFFECT DE9 TERMINATION.—If a court determines that a Federal 

10 worker is materially affected by a shutdown in complying 

11 with a judgment or an order of a court, the court may, 

12 upon the motion of the court, and shall, on application 

13 by the Federal worker— 

14 (1) stay the execution of any judgment or order 

15 entered against the Federal worker; and 

16 (2) vacate or stay an attachment or garnish17 ment of property, money, or debts in the possession 

18 of the Federal worker or a third party, whether be19 fore or after the entry of a judgment. 

20 (d) DEPENDENTS.—Upon application to a court, a 

21 dependent of a Federal worker is entitled to the protec22 tions under this Act if the ability of the dependent to com23 ply with a lease, contract, bailment, or other obligation 

24 is materially affected by reason of the impact of a shut25 down on the Federal worker. 


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1 SEC. 13. ENFORCEMENT. 

2 (a) CIVIL ACTION.—The Attorney General may com3 mence a civil action in any appropriate district court of 

4 the United States against any person that engages in— 

5 (1) a pattern or practice of violating this Act; 

6 or 

7 (2) a violation of this Act that raises an issue 

8 of significant public importance. 

9 (b) RELIEF.—In a civil action commenced under sub10 section (a), a court may— 

11 (1) grant any appropriate equitable or declara12 tory relief with respect to the violation of this Act; 

13 (2) award all other appropriate relief, including 

14 monetary damages, to any person aggrieved by the 

15 violation described in paragraph (1); and 

16 (3) to vindicate the public interest, assess a civil 

17 penalty— 

18 (A) in an amount that is not more than 

19 $55,000 for a first violation; and 

20 (B) in an amount that is not more than 

21 $110,000 for any subsequent violation. 

22 (c) INTERVENTION.—Upon timely application, a per23 son that is aggrieved by a violation of this Act with respect 

24 to which a civil action is commenced under subsection (a) 

25 may— 

26 (1) intervene in the action; and 


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1 (2) obtain such appropriate relief as the person 

2 could obtain in a civil action under subsection (d) 

3 with respect to that violation, along with costs and 

4 a reasonable attorney fee. 

5 (d) PRIVATE RIGHT OF ACTION.—Any person that, 

6 after the date of enactment of this Act, is aggrieved by 

7 a violation of this Act may, in a civil action— 

8 (1) obtain any appropriate equitable or declara9 tory relief with respect to the violation; and 

10 (2) recover all other appropriate relief, includ11 ing monetary damages. 

12 (e) COSTS AND ATTORNEY FEES.—A court may 

13 award to a person aggrieved by a violation of this Act that 

14 prevails in an action brought under subsection (d) the 

15 costs of the action, including a reasonable attorney fee. 

16 (f) NO PREEMPTION.—Nothing in this section may 

17 be construed to preclude or limit any remedy otherwise 

18 available under other law, including consequential and pu19 nitive damages. 

Æ 


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