[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3307 Introduced in House (IH)]

  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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Regulatory Fair Warning Act''.

SEC. 2. LIMITATION ON IMPOSITION OF SANCTIONS BY AGENCIES.

    Section 558 of title 5, United States Code, is amended 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 defendant 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 ensure compliance 
                with the rule, made after disclosure by the defendant 
                of all material facts, that the defendant was in 
                compliance with, exempt from, or otherwise not subject 
                to, the requirements of the rule.
    ``(2) In an action brought to impose a civil or criminal 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 Federal Register or was not otherwise available to the 
defendant 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 following new section:
``Sec. 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 general 
        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 defendant 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 ensure compliance 
                with the rule, made after disclosure by the defendant 
                of all material facts, that the defendant was in 
                compliance with, exempt from, or otherwise not subject 
                to, the requirements of the rule.
    ``(b) In an action brought to impose a civil or criminal 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 otherwise available to the defendant prior to the alleged 
violation.
    ``(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.''.
                                 <all>