H.R. 5791 — Introduced in House

I 113th CONGRESS 2d Session H. R. 5791 IN THE HOUSE OF REPRESENTATIVES December 4, 2014 Mr. Mullin (for himself, Mr. Schock, Mr. Perry, Mr. Lucas, Mr. Cotton, Mr. Ribble, Mr. Rokita, Mr. Hudson, Mr. Graves of Georgia, Mr. Pitts, and Mr. Rogers of Alabama) introduced the following bill; which was referred to the Committee on Oversight and Government Reform, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To increase transparency and provide for judicial review of administrative fines, and for other purposes. 1. Short title This Act may be cited as the Fines in Need of Extensive Reform Act of 2014 or the FINER Act of 2014. 2. Assessment of fines (a) Effective date of rules that provide for the assessment of a fine In the case of a rule that provides for an assessment of a fine for a violation of that rule, the rule may not take effect until the date that is 90 days after the date on which the Federal department or agency that made the rule, makes publicly available on the department or agency’s Internet website, the rule, the information relating to the rule described in section 3(c), and any relevant guidance documents relating to the enforcement of the rule. Any fine assessed pursuant to such a rule before such 90-day period shall be void. The head of such a Federal department or agency may, in consultation with entities to which the rule applies, further delay the assessment of fines pursuant to the rule in order to provide such entities with sufficient time to comply with the requirements of the rule. (b) Provision of information regarding the fine At the time of the assessment of an administrative fine, the Federal department or agency assessing the fine shall provide the person against which the fine is imposed with all relevant information regarding the fine, including— (1) the rule which the person is charged with violating, and the location of that rule in the Code of Federal Regulations; (2) the facts, based on which the person is charged with violating the rule; (3) the amount of the fine; (4) how the department or agency determined the amount of the fine; and (5) the court date or information described in section 4(b). (c) Assignment of fine to a officer or employee of a Federal department or agency No fine may be assessed by a Federal department or agency unless there is an officer or employee of such Federal department or agency who is responsible for assessing the fine. 3. Consistency in assessment of administrative fines (a) In general The head of a Federal department or agency shall ensure that administrative fines assessed by that department or agency are assessed in a consistent manner. (b) Publication on the Internet Not later than 180 days after the enactment of this Act, and annually thereafter, the head of a Federal department or agency that assesses administrative fines shall make publicly available on that department or agency’s Internet website, for any rule for which the department or agency that enforces the rule may assess an administrative fine for a violation of such rule, the information described in subsection (c) and any relevant guidance documents relating to the enforcement of the rule. The head of a Federal department or agency that is required to publish information under this subsection shall ensure that the information is published in a searchable, and easily accessible format. (c) Publication in the Federal Register Not later than January 1, 2015, and annually thereafter, the head of a Federal department or agency that assesses administrative fines shall publish in the Federal Register, for any rule for which the department or agency that enforces the rule may assess an administrative fine for a violation of such rule, detailed information regarding— (1) the location of the rule in the Code of Federal Regulations; (2) information on where persons subject to the rule may direct questions or concerns relating to the rule; (3) the amount of the fine that will be assessed; and (4) the facts that will be considered in the determination of, for the rule violation— (A) whether a fine will be assessed; and (B) if a fine will be assessed, the amount of the fine that will be assessed. 4. Judicial review of administrative fines (a) In general Notwithstanding any other provision of law, in any case in which an administrative fine is assessed against a person (as such term is defined in section 1 of title 1, United States Code), that person may pay the fine, or challenge the imposition of the fine in the Federal district court for the district in which that person resides or has a principal place of business, in accordance with this section. (b) Court date (1) In general At the time of the assessment of an administrative fine, the Federal department or agency assessing the fine shall provide the person against which the fine is imposed with— (A) a date on which the person may appear to contest the administrative fine in the Federal district court referred to in subsection (a), as provided by that Federal district court; or (B) information on how the Federal district court referred to in subsection (a) will— (i) assign the person a date on which the person may appear to contest the administrative fine; and (ii) notify the person about that date. (2) Court rules and procedures A Federal district court may adopt such rules and procedures as may be necessary to hear challenges of administrative fines in a timely manner, in accordance with this section. (c) Presence of officer or employee of Federal department or agency in court In the case of a person contesting an administrative fine pursuant to this section, the officer or employee of the Federal department or agency who assessed the fine shall be present in court for all proceedings related to the contesting of such fine, or the violation for which the fine was assessed shall be dismissed, and the person against whom the fine was assessed shall not be required to pay such fine. In the case of an officer or employee who, at the time of the court date, is no longer employed by the Federal department or agency, the immediate superior officer or employee shall be present in court for any such court proceedings. (d) Payment of fine In the case of a person contesting an administrative fine in Federal court or through alternative dispute resolution pursuant to this section, the person shall not be required to pay the fine until a final judgment is entered that requires the person to pay the fine, and that no additional interest or penalties should accrue while the fine is contested. (e) Alternative dispute resolution The enforcing agency shall provide the opportunity for the person fined to undergo alternative means of dispute resolution, as defined in section 571(3) of title 5, United States Code, by a neutral third party, unless the person contests in Federal district court. (f) Costs A person who contests an administrative fine in court pursuant to this section and prevails, may recover reasonable court costs, including attorney fees. 5. Deposit of administrative fines into Treasury Notwithstanding any other provision of law, in the case of an administrative fine that is paid— (1) except as provided in section 3718(d) of title 31, United States Code, the full amount of the fine shall be deposited into the Treasury; and (2) the fine may not be used to supplement or offset the appropriations of the Federal department or agency that assessed the fine. 6. Administrative fine defined In this Act, the term administrative fine means any fine or penalty assessed by a Federal department or agency, but does not include user fees, criminal fines or penalties, or any fine imposed by a court.