; 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 institutes a civil action or an administrative action with respect to a violation of subsection (a), the attorney general of a State may not, during the pendency of such action, bring a civil action under paragraph (1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action. (d) Prohibition on enforcement of agency penalties (1) In general An agency may not enforce any agency penalty (including for a loan, an application 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 prohibition does not create any private right of action. (2) Applicability Any agency that enforced a penalty during the period beginning one year before the date of the enactment of this Act and ending 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. (f) Agency defined The term agency has the meaning given that term in section 551 of title 5, United States Code.