,i #aaith ,,congress #ast ,session ,h4 ,r4 #egjh ,,in ,,the ,,house ,,of ,,representatives ,october #h1 #bjbe,mr4 ,boyle of ,pennsylvania 7for himself1 ,ms4 ,randall1 ,ms4 ,moore of ,wisconsin1 ,mr4 ,carter of ,louisiana1 and ,ms4 ,salinas7 introduced the following bill2 which was referred to the ,committee on ,oversight and ,government ,reform1 and in addition to the ,committees on ,financial ,services1 ,ways and ,means1 the ,judiciary1 ,education and ,workforce1 and ,house ,administration1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to suspend the enforcement of certain civil liabilities of ,federal employees and contractors during a lapse in appropriations1 or during a breach of the statutory debt limit1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,federal ,employees ,civil ,relief ,act4 #b4 ,purpose ,the purpose of this ,act 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 shutdown4 #c4 ,definitions ,in this ,act3 7#a7 ,consumer reporting agency ,the term consumer reporting agency has the meaning given the term in section #fjc7;f7 of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afha;a7f774 7#b7 ,contractor ,the term contractor has the meaning given the term in section #gaja of title #da1 ,united ,states ,code4 7#c7 ,court2 judgment2 ,state ,the terms court1 judgment1 and ,state have the meanings given those terms in section #aja of the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 #ciaa74 7#d7 ,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 #cj days after the date on which that shutdown ends4 7#e7 ,federal worker ,the term ,federal worker-- 7,a7 means an employee of a ,government agency2 and 7,b7 includes an employee of a contractor4 7#f7 ,government agency ,the term ,government agency means each authority of the executive1 legislative1 or judicial branch of the ,government of the ,united ,states4 7#g7 ,shutdown ,the term shutdown means any period in which-- 7,a7 there is more than a #bd-;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 resolution2 or 7,b7 the debt of the ,united ,states ,government is greater than the statutory limit under section #caja of title #ca1 ,united ,states ,code4 #d4 ,jurisdiction 7a7 ,jurisdiction ,this ,act shall apply to-- 7#a7 the ,united ,states2 7#b7 each of the ,states1 including each political subdivision of a ,state2 and 7#c7 all territory that is subject to the jurisdiction of the ,united ,states4 7b7 ,applicability to proceedings ,this ,act-- 7#a7 shall apply to any judicial or administrative proceeding that is commenced in any court or agency in any jurisdiction that is subject to this ,act2 and 7#b7 shall not apply to criminal proceedings or with respect to child support payments4 7c7 ,court in which application may be made ,when1 under this ,act1 any application is required to be made to a court in which no proceeding has already been commenced with respect to a matter1 that application may be made to any court that would otherwise have jurisdiction over the matter4 7d7 ,notification 7#a7 ,in general ,the head of the ,government agency that employs a ,federal worker1 or at which a ,federal worker performs services1 as applicable1 shall provide the ,federal worker with written notice regarding the benefits provided under this ,act-- 7,a7 on the date on which the individual becomes a ,federal worker2 and 7,b7 periodically after the date described in subparagraph 7,a71 including on the date on which any shutdown begins4 7#b7 ,legislative and judicial branch ,with respect to a ,federal worker in a ,government agency in the legislative branch or judicial branch 7or1 in the case of a ,federal worker who is an employee of a contractor1 who provides services at a ,government agency in the legislative branch or judicial branch71 the officer or employee at the ,government agency who has the final authority to appoint1 hire1 discharge1 and set the terms1 conditions1 or privileges of the employment of the ,federal worker shall provide the notice required under paragraph 7#a74 #e4 ,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 stay1 postponement1 or suspension with respect to any payment of rent1 mortgage1 tax1 fine1 penalty1 insurance premium1 student loan repayment1 or other civil obligation or liability that the ,federal worker or individual1 as applicable1 owes or would owe during the duration of the shutdown4 #f4 ,evictions 7a7 ,court-,ordered eviction ,except by the order of a court1 a landlord may not1 during a shutdown-- 7#a7 evict a ,federal worker from premises that are occupied or intended to be occupied primarily as a residence2 or 7#b7 subject premises described in paragraph 7#a7 to a distress4 7b7 ,stay of execution 7#a7 ,court authority ,upon an application for eviction or distress with respect to premises described in subsection 7a77#a71 a court may1 upon motion of the court1 and shall1 if a request is made by or on behalf of a ,federal worker1 the ability of whom to pay the rent that is the subject of the action is materially affected by a shutdown-- 7,a7 stay the proceedings for a period of #cj days1 unless1 in the opinion of the court1 justice and equity require a longer or shorter period of time2 or 7,b7 adjust the obligation under the lease to preserve the interests of all parties4 7#b7 ,relief to landlord ,if a court grants a stay under paragraph 7#a71 the court may grant to the landlord 7or other person with paramount title7 such relief as equity may require4 7c7 ,misdemeanor ,except as provided in subsection 7a71 a person that knowingly takes part in an eviction or distress described in that subsection1 or that knowingly attempts to take part in an eviction or distress described in that subsection1 shall be fined as provided in title #ah1 ,united ,states ,code1 or imprisoned for not more than #a year1 or both4 #g4 ,mortgage protection and foreclosures 7a7 ,definition ,in this section1 the term covered action means an action relating to an obligation-- 7#a7 with respect to real or personal property owned by a ,federal worker2 and 7#b7 that-- 7,a7 originated before the date on which a shutdown begins2 7,b7 is in effect on the date on which a shutdown begins2 and 7,c7 is secured by a mortgage1 trust deed1 or other security in the nature of a mortgage4 7b7 ,stay of proceedings and adjustment of obligation ,if a covered action is filed in a court during a covered period1 the court may1 after a hearing and upon the motion of the court1 and shall1 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-- 7#a7 stay the proceedings for a period of time as justice and equity require2 or 7#b7 adjust the obligation to preserve the interests of all parties4 7c7 ,sale or foreclosure ,a sale1 foreclosure1 or seizure of property for a breach of an obligation described in subsection 7a7 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 sale1 foreclosure1 or seizure1 as applicable1 with a return made and approved by the court4 7d7 ,misdemeanor ,a person that knowingly makes or causes to be made a sale1 foreclosure1 or seizure of property that is prohibited under subsection 7c71 or that knowingly attempts to make or cause to be made a sale1 foreclosure1 or seizure of property that is prohibited under that subsection1 shall be fined as provided in title #ah1 ,united ,states ,code1 or imprisoned for not more than #a year1 or both4 #h4 ,liens 7a7 ,liens 7#a7 ,definition ,in this subsection1 the term lien includes-- 7,a7 a lien-- 7i7 for storage1 repair1 or cleaning of the property or effects of a ,federal worker2 and 7ii7 on the property or effects described in clause 7i7 for any reason other than a reason described in that clause2 and 7,b7 a loan that a ,federal worker has obtained with respect to a motor vehicle4 7#b7 ,limitation on foreclosure or enforcement ,a person holding a lien on the property or effects of a ,federal worker may not1 during a covered period1 foreclose on or enforce that lien without the order of a court that was issued before the date on which that foreclosure or enforcement occurs4 7b7 ,stay of proceedings ,in a proceeding to foreclose on or enforce a lien that is subject to this section1 a court may1 upon the motion of the court1 and shall1 if requested by a ,federal worker1 the ability of whom to comply with the obligation resulting in the proceeding is materially affected by a shutdown-- 7#a7 stay the proceeding for a period of time as justice and equity require2 or 7#b7 adjust the obligation to preserve the interests of all parties4 7c7 ,misdemeanor ,a person that knowingly takes an action that violates this section1 or attempts to take an action that violates this section1 shall be fined as provided in title #ah1 ,united ,states ,code1 or imprisoned for not more than #a year1 or both4 #i4 ,student loans 7a7 ,definition of student loan ,in this section1 the term student loan means the following3 7#a7 ,a loan made1 insured1 or guaranteed under title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj et seq471 including any ,federal ,direct ,stafford ,loan1 ,federal ,direct ,unsubsidized ,stafford ,loan1 ,federal ,direct ,,plus ,loan1 or ,federal ,direct ,consolidation ,loan4 7#b7 ,a private education loan1 as such term is defined in section #adj7;a7 of the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afej7;a774 7b7 ,application to student loans ,this section shall apply to any situation in which-- 7#a7 the student loan payment of a ,federal worker falls due or remains unpaid during a shutdown2 and 7#b7 during the shutdown described in paragraph 7#a71 the ,federal worker described in that paragraph has been furloughed or required to work without pay4 7c7 ,deferment eligibility ,during a covered period1 a ,federal worker shall be eligible for deferment1 during which1 with respect to a student loan1 periodic installments of principal need not be paid and interest shall not accrue4 7d7 ,limitation on defaults ,if the student loan payment of a ,federal worker falls due and remains unpaid during a shutdown1 the lender with respect to the student loan may not place the loan in default without the order of a court4 7e7 ,limitation on collections ,if the student loan of a ,federal worker has been placed in default before the date on which a shutdown begins1 the lender with respect to the student loan may not1 without the order of a court1 perform any of the following activities during the covered period with respect to the shutdown3 7#a7 ,send the student loan to collection4 7#b7 ,report adverse information with respect to the ,federal worker to a consumer reporting agency4 7#c7 ,garnish wages1 tax refunds1 or government benefits4 7f7 ,court stay ,in a proceeding to collect a student loan payment that is subject to this section1 a court may1 upon the motion of the court1 and shall1 if requested by a ,federal worker whose ability to comply with the obligation resulting in the proceeding is materially affected by a shutdown-- 7#a7 stay the proceeding for a period of time as justice and equity require2 or 7#b7 adjust the obligation to preserve the interests of all parties4 7g7 ,misdemeanor ,a person that knowingly violates this section1 or attempts to violate this section1 shall be fined as provided in title #ah1 ,united ,states ,code1 or imprisoned for not more than #a year1 or both4 #aj4 ,income taxes 7a7 ,deferral of tax ,upon notice to the ,internal ,revenue ,service1 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 #ij 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 shutdown4 7b7 ,accrual of interest or penalty ,no interest or penalty shall accrue during the period of deferment under subsection 7a7 by reason of nonpayment on any amount of tax deferred under this section4 7c7 ,statute of limitations ,the running of a statute of limitations against the collection of tax deferred under this section1 by seizure or otherwise1 shall be suspended for the covered period with respect to the shutdown to which the collection applies4 7d7 ,application limitation ,this section shall not apply to the tax imposed on employees under section #caja of the ,internal ,revenue ,code of #aihf4 #aa4 ,insurance protection 7a7 ,definition ,in this section1 the term covered insurance policy means a policy-- 7#a7 for-- 7,a7 health insurance2 7,b7 life insurance2 7,c7 disability insurance2 or 7,d7 motor vehicle insurance2 and 7#b7 that-- 7,a7 a ,federal worker enters into before the date on which a shutdown begins2 and 7,b7 is in effect during a shutdown4 7b7 ,insurance protection ,without the order of a court1 a covered insurance policy shall not lapse or otherwise terminate or be forfeited because a ,federal worker does not pay a premium1 or interest or indebtedness on a premium1 under the policy that is due during a covered period with respect to a shutdown4 #ab4 ,protection of rights 7a7 ,exercise of rights under chapter not ,to affect certain future financial transactions ,an application by a ,federal worker for1 or the receipt by a ,federal worker of1 a stay1 postponement1 or suspension under this ,act with respect to the payment of a fine1 penalty1 insurance premium1 or other civil obligation or liability of that ,federal worker shall not itself 7without regard to other considerations7 provide the basis for any of the following3 7#a7 ,a determination by a lender or other person that the ,federal worker is unable to pay the civil obligation or liability1 as applicable1 in accordance with the terms of the obligation or liability4 7#b7 ,with respect to a credit transaction between a creditor and the ,federal worker-- 7,a7 a denial or revocation of credit by the creditor2 7,b7 a change by the creditor in the terms of an existing credit arrangement2 or 7,c7 a refusal by the creditor to grant credit to the ,federal worker in substantially the amount or on substantially the terms requested4 7#c7 ,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 information4 7#d7 ,a refusal by an insurer to insure the ,federal worker4 7#e7 ,a change in the terms offered or conditions required for the issuance of insurance4 7b7 ,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 nonperformance1 a court may reduce or waive the fine or penalty if-- 7#a7 the ,federal worker was furloughed or required to work without pay during a shutdown on the date on which the fine or penalty was incurred2 and 7#b7 the ability of the ,federal worker to perform the obligation was materially affected by the shutdown described in paragraph 7#a74 7c7 ,court action upon material affect 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 court1 the court may1 upon the motion of the court1 and shall1 on application by the ,federal worker-- 7#a7 stay the execution of any judgment or order entered against the ,federal worker2 and 7#b7 vacate or stay an attachment or garnishment of property1 money1 or debts in the possession of the ,federal worker or a third party1 whether before or after the entry of a judgment4 7d7 ,dependents ,upon application to a court1 a dependent of a ,federal worker is entitled to the protections under this ,act if the ability of the dependent to comply with a lease1 contract1 bailment1 or other obligation is materially affected by reason of the impact of a shutdown on the ,federal worker4 #ac4 ,enforcement 7a7 ,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-- 7#a7 a pattern or practice of violating this ,act2 or 7#b7 a violation of this ,act that raises an issue of significant public importance4 7b7 ,relief ,in a civil action commenced under subsection 7a71 a court may-- 7#a7 grant any appropriate equitable or declaratory relief with respect to the violation of this ,act2 7#b7 award all other appropriate relief1 including monetary damages1 to any person aggrieved by the violation described in paragraph 7#a72 and 7#c7 to vindicate the public interest1 assess a civil penalty-- 7,a7 in an amount that is not more than #ee1jjj for a first violation2 and 7,b7 in an amount that is not more than #aaj1jjj for any subsequent violation4 7c7 ,intervention ,upon timely application1 a person that is aggrieved by a violation of this ,act with respect to which a civil action is commenced under subsection 7a7 may-- 7#a7 intervene in the action2 and 7#b7 obtain such appropriate relief as the person could obtain in a civil action under subsection 7d7 with respect to that violation1 along with costs and a reasonable attorney fee4 7d7 ,private right of action ,any person that1 after the date of enactment of this ,act1 is aggrieved by a violation of this ,act may1 in a civil action-- 7#a7 obtain any appropriate equitable or declaratory relief with respect to the violation2 and 7#b7 recover all other appropriate relief1 including monetary damages4 7e7 ,costs and attorney fees ,a court may award to a person aggrieved by a violation of this ,act that prevails in an action brought under subsection 7d7 the costs of the action1 including a reasonable attorney fee4 7f7 ,no preemption ,nothing in this section may be construed to preclude or limit any remedy otherwise available under other law1 including consequential and punitive damages4