I
104TH CONGRESS
2D SESSION
H. R. 3307
To amend title 5, United States Code, to provide for a limitation on sanctions
imposed by agencies and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 24, 1996
Mr. GEKAS (for himself, Mr. MOORHEAD, Mr. SENSENBRENNER, Mr. COBLE,
Mr. SMITH of Texas, Mr. INGLIS of South Carolina, Mr. HOKE, Mr.
BONO, Mr. BRYANT of Tennessee, Mr. BARR of Georgia, Mr. TALENT,
Mr. TAUZIN, and Mr. ZELIFF) introduced the following bill; which was
referred to the Committee on the Judiciary
A BILL
To amend title 5, United States Code, to provide for a
limitation on sanctions imposed by agencies 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 ‘‘Regulatory Fair Warn-
ing Act’’.
SEC. 2. LIMITATION ON IMPOSITION OF SANCTIONS BY
AGENCIES.
Section 558 of title 5, United States Code, is amend-
ed by adding at the end the following new subsection:
‘‘(d)(1) No civil or criminal sanction shall be imposed
by an agency for a violation of a rule—
‘‘(A) if the agency finds that the rule, other
general statements of policy, and related guidances
and policies published in the Federal Register by the
agency failed to give the defendant fair warning of
the conduct that the rule prohibits or requires; or
‘‘(B) if the agency finds that the defendant—
‘‘(i) prior to the violation reasonably and
in good faith determined, based upon the text
of the rule and other related guidances and
policies published by the agency, that the de-
fendant was in compliance with, exempt from,
or otherwise not subject to, the requirements of
the rule; or
‘‘(ii) committed the violation in reasonable
reliance upon a written statement by a Federal
or State official authorized to implement or en-
sure compliance with the rule, made after dis-
closure by the defendant of all material facts,
that the defendant was in compliance with, ex-
empt from, or otherwise not subject to, the re-
quirements of the rule.
‘‘(2) In an action brought to impose a civil or crimi-
nal sanction for an alleged violation of a rule, an agency
shall not give deference to any interpretation of such rule
relied on by the agency that was not published in the Fed-
eral Register or was not otherwise available to the defend-
ant prior to the alleged violation.’’.
SEC. 3. LIMITATION ON IMPOSITION OF SANCTIONS BY
COURTS.
(a) IN GENERAL.—Chapter 111 of title 28, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 1660. Sanctions for violations of agency rules
‘‘(a) No civil or criminal sanction shall be imposed
by a court for a violation of a rule—
‘‘(1) if the court finds that the rule, other gen-
eral statements of policy, and related guidances and
policies published in the Federal Register by the
agency which promulgated such rule, failed to give
the defendant fair warning of the conduct that the
rule prohibits or requires; or
‘‘(2) if the court finds that the defendant—
‘‘(A) prior to the violation, reasonably and
in good faith determined, based upon the text
of the rule and other related guidances and
policies published by the agency, that the de-
fendant was in compliance with, exempt from,
or otherwise not subject to, the requirements of
the rule; or
‘‘(B) committed the violation in reasonable
reliance upon a written statement by a Federal
or State official authorized to implement or en-
sure compliance with the rule, made after dis-
closure by the defendant of all material facts,
that the defendant was in compliance with, ex-
empt from, or otherwise not subject to, the re-
quirements of the rule.
‘‘(b) In an action brought to impose a civil or crimi-
nal sanction for an alleged violation of a rule, the court
shall not give deference to any interpretation of such rule
relied on by the agency that promulgated the rule that
was not published in the Federal Register or was not oth-
erwise available to the defendant prior to the alleged vio-
lation.
‘‘(c) For purposes of this section, the term ‘rule’
shall have the meaning given that term by section 551
of title 5.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 111 of title 28, United States
Code, is amended by adding after the item relating to
section 1659 the following new item:
‘‘1660. Sanctions for violations of agency rules.’’.
Æ