[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 881 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 881

 To provide that under certain conditions no sanction shall be imposed 
  on a person by an agency for a violation of a rule and no civil or 
 criminal sanction may be imposed by a court for a violation of a rule.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 1, 1999

Mr. Gekas (for himself, Mrs. Bono, Mr. Bryant, Mr. Buyer, Mr. Combest, 
 Mr. English, Mr. Goodlatte, Mr. Graham, Mr. McIntosh, Mr. Gary Miller 
of California, Mr. Pickett, Mr. Sessions, Mr. Sisisky, and Mr. Talent) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To provide that under certain conditions no sanction shall be imposed 
  on a person by an agency for a violation of a rule and no civil or 
 criminal sanction may be imposed by a court for a violation of a rule.

    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 of 
1999''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Federal regulations advance many important goals, 
        including protecting the environment and the health and safety 
        of all Americans.
            (2) For regulations to effectively protect the public and 
        promote the public interest, the fact of their existence and 
        what they mean must be available to the persons and entities 
        willing to investigate what the law and regulations require.
            (3) Fairness also requires that a person should be able to 
        learn of regulations and of their meanings before they can be 
        sanctioned for violating them.
            (4) Fairness also should prevent a person from being 
        sanctioned for violating a regulation if an official has misled 
        the person as to what the regulation prohibits or requires and 
        the person has reasonably relied upon such misleading 
        information.
            (5) The Due Process Clause of the Fifth Amendment gives 
        Americans a right to have access to regulations and the 
        opportunity to learn their meanings before such regulations can 
        be the basis for depriving them of liberty or property.
            (6) Effective procedures for protecting this right can 
        improve the effectiveness of regulation, foster the sense that 
        regulations are fairly enforced, and ensure that the right to 
        due process actually benefits Americans.
            (7) Ensuring that agencies give Americans access to 
        regulations, the opportunity to learn their meanings, and 
        access to accurate information about them before any sanction 
        can be imposed will encourage agencies to make regulatory 
        requirements clearly known, will encourage people and entities 
        to learn what regulations require of them, and will foster 
        legality, fairness, and justice in the enforcement of Federal 
        regulations.

SEC. 3. BAN ON IMPOSITION OF SANCTIONS BY AGENCIES IN CERTAIN 
              CIRCUMSTANCES.

    Section 558 of title 5, United States Code, is amended by adding at 
the end the following new subsection:
    ``(d)(1) No sanction shall be imposed on a person by an agency for 
a violation of a rule if the agency finds any one of the following:
            ``(A) The rule was not--
                    ``(i) printed in the Code of Federal Regulations;
                    ``(ii) printed in the Federal Register;
                    ``(iii) known to the person; or
                    ``(iv) knowable to a person who has engaged in a 
                reasonable, good faith investigation of the rules 
                applicable to the conduct that allegedly violated the 
                rule.
            ``(B) The rule failed to give the person fair warning of 
        the conduct that the rule prohibits or requires.
            ``(C) With respect only to a retrospective sanction, the 
        person acted in reasonable reliance upon written 
        representations about what the rule prohibits or requires which 
        were issued by the agency or an official with actual or 
        apparent authority to interpret, administer, or enforce the 
        rule.
    ``(2) For purposes of this subsection, an agency shall find that a 
rule gives fair warning of the conduct that the rule prohibits or 
requires if a reasonable person, acting in good faith, would be able to 
identify, with reasonable certainty, the standards with which the rule 
requires the person's conduct to conform.''.

SEC. 4. BAN ON IMPOSITION OF SANCTIONS BY COURTS IN CERTAIN 
              CIRCUMSTANCES.

    (a) In General.--Chapter 111 of title 28, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1660. Ban on sanctions for violations of agency rules in certain 
              circumstances
    ``(a) No civil or criminal sanction may be imposed by a court for a 
violation of a rule if the court finds any one of the following:
            ``(1) The rule was not--
                    ``(A) printed in the Code of Federal Regulations;
                    ``(B) printed in the Federal Register;
                    ``(C) known to the person; or
                    ``(D) knowable to a person who has engaged in a 
                reasonable, good faith investigation of the rules 
                applicable to the conduct that allegedly violated the 
                rule.
            ``(2) The rule failed to give the person fair warning of 
        the conduct that the rule prohibits or requires.
            ``(3) With respect only to a retrospective sanction, the 
        person acted in reasonable reliance upon written 
        representations about what the rule prohibits or requires which 
        were issued by the agency or an official with actual or 
        apparent authority to interpret, administer, or enforce the 
        rule.
    ``(b) For purposes of this section, a court shall find that a rule 
gives fair warning of the conduct that the rule prohibits or requires 
if a reasonable person, acting in good faith, would be able to 
identify, with reasonable certainty, the standards with which the rule 
requires the person's conduct to conform.
    ``(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. Ban on sanctions for violations of agency rules in certain 
                            circumstances.''.
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