I 

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. 

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 ‘‘Protecting Families 

5 from Government Shutdowns Act’’. 

6 SEC. 2. ACTIONS PROHIBITED DURING A FEDERAL GOV7 ERNMENT SHUTDOWN. 

8 (a) CONDUCT PROHIBITED.— 


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1 (1) RELIANCE ON GOVERNMENT SERVICE.—It 

2 shall be unlawful for an entity to do any of the fol3 lowing with respect to a person if that person is un4 able to meet an obligation because of Government 

5 service is not available during a lapse in appropria6 tions: 

7 (A) Debt collection. 

8 (B) Collect interest on loans accrued dur9 ing the lapse. 

10 (C) Eviction. 

11 (D) Foreclosure. 

12 (E) Acceleration or downgrading of credit. 

13 (F) Require any other obligation required 

14 by law or contract that relies on a Government 

15 service not available during a lapse in appro16 priations. 

17 (2) SERVICE CONTRACTS.—It shall be unlawful 

18 for an entity to enforce any penalty provision in a 

19 contract for services that is violated as the result of 

20 a lapse in appropriations and services being stopped. 

21 (b) ENFORCEMENT BY THE FEDERAL TRADE COM22 MISSION.— 

23 (1) IN GENERAL.—A violation of subsection (a) 

24 shall be treated as an unfair and deceptive act or 

25 practice in violation of a regulation issued under secVerDate Sep 11 2014 05:12 Feb 05, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H819.IH H819

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1 tion 18(a)(1)(B) of the Federal Trade Commission 

2 Act (15 U.S.C. 57a(a)(1)(B)). 

3 (2) PROMULGATION OF RULE.—Not later than 

4 180 days after the date of enactment of this Act, the 

5 Federal Trade Commission shall, in accordance with 

6 section 553 of title 5, United States Code, promul7 gate rules to prohibit, as an unfair and deceptive act 

8 or practice, the conduct described in subsection (a). 

9 A violation of such rules shall be treated as a viola10 tion of a rule defining an unfair or deceptive act or 

11 practice under section 18(a)(1)(B) of the Federal 

12 Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). 

13 The Commission shall enforce such rules in the same 

14 manner, by the same means, and with the same ju15 risdiction, powers, and duties as though all applica16 ble terms and provisions of the Federal Trade Com17 mission Act were incorporated into and made a part 

18 of this Act. Any person who violates this Act shall 

19 be subject to the penalties and entitled to the privi20 leges and immunities provided in the Federal Trade 

21 Commission Act (15 U.S.C. 41 et seq.). 

22 (c) ENFORCEMENT BY STATES.— 

23 (1) AUTHORIZATION.—Subject to paragraph 

24 (2), in any case in which the attorney general of a 

25 State has reason to believe that an interest of the 


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1 residents of the State has been or is threatened or 

2 adversely affected by a violation of subsection (a), 

3 the attorney general of the State may, as parens 

4 patriae, bring a civil action on behalf of the resi5 dents of the State in an appropriate district court of 

6 the United States to obtain appropriate relief. 

7 (2) RIGHTS OF FEDERAL TRADE COMMIS8 SION.— 

9 (A) NOTICE TO FTC.— 

10 (i) IN GENERAL.—Except as provided 

11 in clause (iii), the attorney general of a 

12 State shall notify the Federal Trade Com13 mission in writing that the attorney gen14 eral intends to bring a civil action under 

15 paragraph (1) before initiating the civil ac16 tion against a person for a violation of 

17 subsection (a). 

18 (ii) CONTENTS.—The notification re19 quired by clause (i) with respect to a civil 

20 action shall include a copy of the complaint 

21 to be filed to initiate the civil action. 

22 (iii) EXCEPTION.—If it is not feasible 

23 for the attorney general of a State to pro24 vide the notification required by clause (i) 

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1 graph (1), the attorney general shall notify 

2 the Commission immediately upon insti3 tuting the civil action. 

4 (B) INTERVENTION BY THE FTC.—The 

5 Federal Trade Commission may— 

6 (i) intervene in any civil action 

7 brought by the attorney general of a State 

8 under paragraph (1); and 

9 (ii) upon intervening, be heard on all 

10 matters arising in the civil action, and file 

11 petitions for appeal of a decision in the 

12 civil action. 

13 (3) PENDING ACTION BY THE FEDERAL TRADE

14 COMMISSION.—If the Federal Trade Commission in15 stitutes a civil action or an administrative action 

16 with respect to a violation of subsection (a), the at17 torney general of a State may not, during the pend18 ency of such action, bring a civil action under para19 graph (1) against any defendant named in the com20 plaint of the Commission for the violation with re21 spect to which the Commission instituted such ac22 tion. 

23 (d) PROHIBITION ON ENFORCEMENT OF AGENCY

24 PENALTIES.— 


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1 (1) IN GENERAL.—An agency may not enforce 

2 any agency penalty (including for a loan, an applica3 tion deadline, or other deadline) for a violation that 

4 was the result of a lapse in appropriations for that 

5 agency. An agency shall extend any such deadline to 

6 expire 30 days after the date on which there is no 

7 longer a lapse in such appropriations. This prohibi8 tion does not create any private right of action. 

9 (2) APPLICABILITY.—Any agency that enforced 

10 a penalty during the period beginning one year be11 fore the date of the enactment of this Act and end12 ing on the date of the enactment of this Act shall 

13 reverse and nullify any such enforcement to the 

14 greatest extent possible. 

15 (e) AGENCY GUIDANCE.—Not later than 180 days 

16 after the date of the enactment of this Act, the head of 

17 each agency shall issue guidance on how that agency— 

18 (1) will not enforce any penalties occurring as 

19 a result of a lapse in appropriations for that agency, 

20 including financial, administrative, and any deadline 

21 missed; and 

22 (2) will notify the public about the guidance 

23 issued pursuant to this subsection. 


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1 (f) AGENCY DEFINED.—The term ‘‘agency’’ has the 

2 meaning given that term in section 551 of title 5, United 

3 States Code. 

Æ 


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