I 
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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fines in Need of Ex-
tensive Reform Act of 2014’’ or the ‘‘FINER Act of 
2014’’. 
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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 en-
forcement 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 consulta-
tion 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, includ-
ing— 
(1) the rule which the person is charged with 
violating, and the location of that rule in the Code 
of Federal Regulations; 
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(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 EM-
PLOYEE 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 de-
partment 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 depart-
ment or agency shall ensure that administrative fines as-
sessed by that department or agency are assessed in a con-
sistent manner. 
(b) PUBLICATION
ON
THE INTERNET.—Not later 
than 180 days after the enactment of this Act, and annu-
ally thereafter, the head of a Federal department or agen-
cy 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 en-
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forces the rule may assess an administrative fine for a vio-
lation 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 depart-
ment 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 ad-
ministrative fines shall publish in the Federal Register, 
for any rule for which the department or agency that en-
forces the rule may assess an administrative fine for a vio-
lation of such rule, detailed information regarding— 
(1) the location of the rule in the Code of Fed-
eral 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 de-
termination of, for the rule violation— 
(A) whether a fine will be assessed; and 
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(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 provi-
sion 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 assess-
ment of an administrative fine, the Federal depart-
ment or agency assessing the fine shall provide the 
person against which the fine is imposed with— 
(A) a date on which the person may ap-
pear 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 dis-
trict court referred to in subsection (a) will— 
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(i) assign the person a date on which 
the person may appear to contest the ad-
ministrative fine; and 
(ii) notify the person about that date. 
(2) COURT RULES AND PROCEDURES.—A Fed-
eral district court may adopt such rules and proce-
dures as may be necessary to hear challenges of ad-
ministrative fines in a timely manner, in accordance 
with this section. 
(c) PRESENCE OF OFFICER OR EMPLOYEE OF FED-
ERAL 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 depart-
ment 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 con-
testing an administrative fine in Federal court or through 
alternative dispute resolution pursuant to this section, the 
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