```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5791 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5791

      To increase transparency and provide for judicial review of 
             administrative fines, and for other purposes.

_______________________________________________________________________

                    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 
                           committeeconcerned

_______________________________________________________________________

                                 A BILL

 
      To increase transparency and provide for judicial review of 
             administrative fines, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 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''.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.
                                 <all>
```