II 

118TH CONGRESS 

1ST SESSION S. 640 

To suspend the enforcement of certain civil liabilities of Federal employees 

and contractors during a lapse in appropriations, or during a breach 

of the statutory debt limit, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 2, 2023 

Mr. SCHATZ (for himself, Mr. BLUMENTHAL, Mr. BROWN, Mr. CARDIN, Ms. 

CORTEZ MASTO, Ms. DUCKWORTH, Mrs. FEINSTEIN, Ms. HIRONO, Mr. 

KAINE, Ms. KLOBUCHAR, Mr. MENENDEZ, Mr. MERKLEY, Mr. PADILLA, 

Mr. SANDERS, Mr. VAN HOLLEN, Mr. WARNER, and Ms. WARREN) 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, or during a breach of the statutory debt 

limit, 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’’. 


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1 SEC. 2. PURPOSE. 

2 The purpose of this Act is to provide for the tem3 porary suspension of judicial and administrative pro4 ceedings and transactions that may adversely affect the 

5 civil rights of Federal workers during a shutdown. 

6 SEC. 3. DEFINITIONS. 

7 In this Act: 

8 (1) CONSUMER REPORTING AGENCY.—The term 

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

10 the term in section 603(f) of the Fair Credit Report11 ing Act (15 U.S.C. 1681a(f)). 

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

13 the meaning given the term in section 7101 of title 

14 41, United States Code. 

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

16 ‘‘court’’, ‘‘judgment’’, and ‘‘State’’ have the mean17 ings given those terms in section 101 of the 

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

19 (4) COVERED PERIOD.—The term ‘‘covered pe20 riod’’ means the period beginning on the date on 

21 which a shutdown begins and ending on the date 

22 that is 30 days after the date on which that shut23 down ends. 

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

25 worker’’— 


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1 (A) means an employee of a Government 

2 agency; and 

3 (B) includes an employee of a contractor. 

4 (6) GOVERNMENT AGENCY.—The term ‘‘Gov5 ernment agency’’ means each authority of the execu6 tive, legislative, or judicial branch of the Government 

7 of the United States. 

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

9 any period in which— 

10 (A) there is more than a 24-hour lapse in 

11 appropriations for any Government agency or 

12 Federal department as a result of a failure to 

13 enact a regular appropriations bill or continuing 

14 resolution; or 

15 (B) the debt of the United States Govern16 ment is greater than the statutory limit under 

17 section 3101 of title 31, United States Code. 

18 SEC. 4. JURISDICTION. 

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

20 (1) the United States; 

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

22 subdivision of a State; and 

23 (3) all territory that is subject to the jurisdic24 tion of the United States. 

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


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1 (1) shall apply to any judicial or administrative 

2 proceeding that is commenced in any court or agen3 cy in any jurisdiction that is subject to this Act; and 

4 (2) shall not apply to criminal proceedings or 

5 with respect to child support payments. 

6 (c) COURT IN WHICH APPLICATION MAY BE

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

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

9 been commenced with respect to a matter, that application 

10 may be made to any court that would otherwise have juris11 diction over the matter. 

12 (d) NOTIFICATION.— 

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

14 agency that employs a Federal worker, or at which 

15 a Federal worker performs services, as applicable, 

16 shall provide the Federal worker with written notice 

17 regarding the benefits provided under this Act— 

18 (A) on the date on which the individual be19 comes a Federal worker; and 

20 (B) periodically after the date described in 

21 subparagraph (A), including on the date on 

22 which any shutdown begins. 

23 (2) LEGISLATIVE AND JUDICIAL BRANCH.— 

24 With respect to a Federal worker in a Government 

25 agency in the legislative branch or judicial branch, 


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1 (or, in the case of a Federal worker who is an em2 ployee of a contractor, who provides services at a 

3 Government agency in the legislative branch or judi4 cial branch), the officer or employee at the Govern5 ment agency who has the final authority to appoint, 

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

7 privileges of the employment of the Federal worker 

8 shall provide the notice required under paragraph 

9 (1). 

10 SEC. 5. ANTICIPATORY RELIEF. 

11 A Federal worker who is furloughed or required to 

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

13 for a temporary stay, postponement, or suspension with 

14 respect to any payment of rent, mortgage, tax, fine, pen15 alty, insurance premium, student loan repayment, or other 

16 civil obligation or liability that the Federal worker or indi17 vidual, as applicable, owes or would owe during the dura18 tion of the shutdown. 

19 SEC. 6. EVICTIONS. 

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

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

22 (1) evict a Federal worker from premises that 

23 are occupied or intended to be occupied primarily as 

24 a residence; or 


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

2 to a distress. 

3 (b) STAY OF EXECUTION.— 

4 (1) COURT AUTHORITY.—Upon an application 

5 for eviction or distress with respect to premises de6 scribed in subsection (a)(1), a court may, upon mo7 tion of the court, and shall, if a request is made by 

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

9 whom to pay the rent that is the subject of the ac10 tion is materially affected by a shutdown— 

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

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

13 and equity require a longer or shorter period of 

14 time; or 

15 (B) adjust the obligation under the lease to 

16 preserve the interests of all parties. 

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

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

19 the landlord (or other person with paramount title) 

20 such relief as equity may require. 

21 (c) MISDEMEANOR.—Except as provided in sub22 section (a), a person that knowingly takes part in an evic23 tion or distress described in that subsection, or that know24 ingly attempts to take part in an eviction or distress de25 scribed in that subsection, shall be fined as provided in 


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

2 than 1 year, or both. 

3 SEC. 7. MORTGAGE PROTECTION AND FORECLOSURES. 

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

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

6 (1) with respect to real or personal property 

7 owned by a Federal worker; and 

8 (2) that— 

9 (A) originated before the date on which a 

10 shutdown begins; 

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

12 shutdown begins; and 

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

14 or other security in the nature of a mortgage. 

15 (b) STAY OF PROCEEDINGS AND ADJUSTMENT OF

16 OBLIGATION.—If a covered action is filed in a court dur17 ing a covered period, the court may, after a hearing and 

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

19 by the Federal worker if the ability of the Federal worker 

20 to comply with the covered obligation is materially affected 

21 by the shutdown— 

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

23 justice and equity require; or 

24 (2) adjust the obligation to preserve the inter25 ests of all parties. 


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

2 seizure of property for a breach of an obligation described 

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

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

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

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

7 by the court. 

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

9 or causes to be made a sale, foreclosure, or seizure of prop10 erty that is prohibited under subsection (c), or that know11 ingly attempts to make or cause to be made a sale, fore12 closure, or seizure of property that is prohibited under 

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

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

15 year, or both. 

16 SEC. 8. LIENS. 

17 (a) LIENS.— 

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

19 ‘‘lien’’ includes— 

20 (A) a lien— 

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

22 the property or effects of a Federal work23 er; and 


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1 (ii) on the property or effects de2 scribed in clause (i) for any reason other 

3 than a reason described in that clause; and 

4 (B) a loan that a Federal worker has ob5 tained with respect to a motor vehicle. 

6 (2) LIMITATION ON FORECLOSURE OR EN7 FORCEMENT.—A person holding a lien on the prop8 erty or effects of a Federal worker may not, during 

9 a covered period, foreclose on or enforce that lien 

10 without the order of a court that was issued before 

11 the date on which that foreclosure or enforcement 

12 occurs. 

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

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

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

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

17 comply with the obligation resulting in the proceeding is 

18 materially affected by a shutdown— 

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

20 justice and equity require; or 

21 (2) adjust the obligation to preserve the inter22 ests of all parties. 

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

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

25 an action that violates this section, shall be fined as proVerDate Sep 11 2014 04:11 Mar 15, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S640.IS S640

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1 vided in title 18, United States Code, or imprisoned for 

2 not more than 1 year, or both. 

3 SEC. 9. STUDENT LOANS. 

4 (a) DEFINITION OF STUDENT LOAN.—In this sec5 tion, the term ‘‘student loan’’ means the following: 

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

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

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

9 Stafford Loan, Federal Direct Unsubsidized Staf10 ford Loan, Federal Direct PLUS Loan, or Federal 

11 Direct Consolidation Loan. 

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

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

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

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

16 shall apply to any situation in which— 

17 (1) the student loan payment of a Federal 

18 worker falls due or remains unpaid during a shut19 down; and 

20 (2) during the shutdown described in paragraph 

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

22 has been furloughed or required to work without 

23 pay. 

24 (c) DEFERMENT ELIGIBILITY.—During a covered pe25 riod, a Federal worker shall be eligible for deferment, durVerDate Sep 11 2014 04:11 Mar 15, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S640.IS S640

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1 ing which, with respect to a student loan, periodic install2 ments of principal need not be paid and interest shall not 

3 accrue. 

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

5 payment of a Federal worker falls due and remains unpaid 

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

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

8 of a court. 

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

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

11 the date on which a shutdown begins, the lender with re12 spect to the student loan may not, without the order of 

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

14 covered period with respect to the shutdown: 

15 (1) Send the student loan to collection. 

16 (2) Report adverse information with respect to 

17 the Federal worker to a consumer reporting agency. 

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

19 benefits. 

20 (f) COURT STAY.—In a proceeding to collect a stu21 dent loan payment that is subject to this section, a court 

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

23 by a Federal worker whose ability to comply with the obli24 gation resulting in the proceeding is materially affected 

25 by a shutdown— 


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

2 justice and equity require; or 

3 (2) adjust the obligation to preserve the inter4 ests of all parties. 

5 (g) MISDEMEANOR.—A person that knowingly vio6 lates this section, or attempts to violate this section, shall 

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

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

9 SEC. 10. INCOME TAXES. 

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

11 Revenue Service, the collection of Federal income tax on 

12 the income of a Federal worker falling due during a shut13 down shall be deferred for a period of not more than 90 

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

15 ability of the Federal worker to pay the income tax is ma16 terially affected by the shutdown. 

17 (b) ACCRUAL OF INTEREST OR PENALTY.—No inter18 est or penalty shall accrue during the period of deferment 

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

20 amount of tax deferred under this section. 

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

22 statute of limitations against the collection of tax deferred 

23 under this section, by seizure or otherwise, shall be sus24 pended for the covered period with respect to the shut25 down to which the collection applies. 


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1 (d) APPLICATION LIMITATION.—This section shall 

2 not apply to the tax imposed on employees under section 

3 3101 of the Internal Revenue Code of 1986. 

4 SEC. 11. INSURANCE PROTECTION. 

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

6 insurance policy’’ means a policy— 

7 (1) for— 

8 (A) health insurance; 

9 (B) life insurance; 

10 (C) disability insurance; or 

11 (D) motor vehicle insurance; and 

12 (2) that— 

13 (A) a Federal worker enters into before the 

14 date on which a shutdown begins; and 

15 (B) is in effect during a shutdown. 

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

17 a court, a covered insurance policy shall not lapse or other18 wise terminate or be forfeited because a Federal worker 

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

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

21 period with respect to a shutdown. 

22 SEC. 12. PROTECTION OF RIGHTS. 

23 (a) EXERCISE OF RIGHTS UNDER CHAPTER NOT TO

24 AFFECT CERTAIN FUTURE FINANCIAL TRANSACTIONS.— 

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


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

2 under this Act with respect to the payment of a fine, pen3 alty, insurance premium, or other civil obligation or liabil4 ity of that Federal worker shall not itself (without regard 

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

6 following: 

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

8 that the Federal worker is unable to pay the civil ob9 ligation or liability, as applicable, in accordance with 

10 the terms of the obligation or liability. 

11 (2) With respect to a credit transaction between 

12 a creditor and the Federal worker— 

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

14 creditor; 

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

16 of an existing credit arrangement; or 

17 (C) a refusal by the creditor to grant cred18 it to the Federal worker in substantially the 

19 amount or on substantially the terms requested. 

20 (3) An adverse report relating to the credit21 worthiness of the Federal worker by or to a person 

22 engaged in the practice of assembling or evaluating 

23 consumer credit information. 

24 (4) A refusal by an insurer to insure the Fed25 eral worker. 


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

2 required for the issuance of insurance. 

3 (b) REDUCTION OR WAIVER OF FINES OR PEN4 ALTIES.—If a Federal worker fails to perform an obliga5 tion arising under a contract and a penalty is incurred 

6 arising from that nonperformance, a court may reduce or 

7 waive the fine or penalty if— 

8 (1) the Federal worker was furloughed or re9 quired to work without pay during a shutdown on 

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

11 and 

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

13 the obligation was materially affected by the shut14 down described in paragraph (1). 

15 (c) COURT ACTION UPON MATERIAL AFFECT DE16 TERMINATION.—If a court determines that a Federal 

17 worker is materially affected by a shutdown in complying 

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

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

20 by the Federal worker— 

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

22 entered against the Federal worker; and 

23 (2) vacate or stay an attachment or garnish24 ment of property, money, or debts in the possession 


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1 of the Federal worker or a third party, whether be2 fore or after the entry of a judgment. 

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

4 dependent of a Federal worker is entitled to the protec5 tions under this Act if the ability of the dependent to com6 ply with a lease, contract, bailment, or other obligation 

7 is materially affected by reason of the impact of a shut8 down on the Federal worker. 

9 SEC. 13. ENFORCEMENT. 

10 (a) CIVIL ACTION.—The Attorney General may com11 mence a civil action in any appropriate district court of 

12 the United States against any person that engages in— 

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

14 or 

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

16 of significant public importance. 

17 (b) RELIEF.—In a civil action commenced under sub18 section (a), a court may— 

19 (1) grant any appropriate equitable or declara20 tory relief with respect to the violation of this Act; 

21 (2) award all other appropriate relief, including 

22 monetary damages, to any person aggrieved by the 

23 violation described in paragraph (1); and 

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

25 penalty— 


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

2 $55,000 for a first violation; and 

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

4 $110,000 for any subsequent violation. 

5 (c) INTERVENTION.—Upon timely application, a per6 son that is aggrieved by a violation of this Act with respect 

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

8 may— 

9 (1) intervene in the action; and 

10 (2) obtain such appropriate relief as the person 

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

12 with respect to that violation, along with costs and 

13 a reasonable attorney fee. 

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

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

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

17 (1) obtain any appropriate equitable or declara18 tory relief with respect to the violation; and 

19 (2) recover all other appropriate relief, includ20 ing monetary damages. 

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

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

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

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


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

2 be construed to preclude or limit any remedy otherwise 

3 available under other law, including consequential and pu4 nitive damages. 

Æ 


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