I 
116TH CONGRESS 
1ST SESSION 
H. R. 819 
To protect the public from the harmful consequences of the Federal Govern-
ment 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. 
Be it enacted by the Senate and House of Representa-
tives 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 GOV-
ERNMENT SHUTDOWN. 
(a) CONDUCT PROHIBITED.— 
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tion 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, promul-
gate 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 viola-
tion 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 ju-
risdiction, powers, and duties as though all applica-
ble terms and provisions of the Federal Trade Com-
mission 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 privi-
leges 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 
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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 resi-
dents of the State in an appropriate district court of 
the United States to obtain appropriate relief. 
(2) RIGHTS
OF
FEDERAL
TRADE
COMMIS-
SION.— 
(A) NOTICE TO FTC.— 
(i) IN GENERAL.—Except as provided 
in clause (iii), the attorney general of a 
State shall notify the Federal Trade Com-
mission in writing that the attorney gen-
eral intends to bring a civil action under 
paragraph (1) before initiating the civil ac-
tion against a person for a violation of 
subsection (a). 
(ii) CONTENTS.—The notification re-
quired 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 pro-
vide the notification required by clause (i) 
before initiating a civil action under para-
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graph (1), the attorney general shall notify 
the Commission immediately upon insti-
tuting 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 in-
stitutes a civil action or an administrative action 
with respect to a violation of subsection (a), the at-
torney general of a State may not, during the pend-
ency of such action, bring a civil action under para-
graph (1) against any defendant named in the com-
plaint of the Commission for the violation with re-
spect to which the Commission instituted such ac-
tion. 
(d) PROHIBITION
ON ENFORCEMENT
OF AGENCY 
PENALTIES.— 
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(1) IN GENERAL.—An agency may not enforce 
any agency penalty (including for a loan, an applica-
tion 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 prohibi-
tion does not create any private right of action. 
(2) APPLICABILITY.—Any agency that enforced 
a penalty during the period beginning one year be-
fore the date of the enactment of this Act and end-
ing 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. 
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(f) AGENCY DEFINED.—The term ‘‘agency’’ has the 
meaning given that term in section 551 of title 5, United 
States Code. 
Æ 
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