2 (2) a disproportionate number of accidents caused by intoxicated drivers involves drivers under the age of twenty-one; and (3) prohibition of the sale of alcoholic beverages in interstate commerce and by establishments in or affect ing interstate commerce to those under the age of twenty-one is necessary for the public safety and wel 10 SALES SEC. 2. No person may sell or offer to sell any alcoholic 11 beverage to any individual who is under the age of twenty12 one if the beverage is or has traveled in interstate commerce 13 or if the sale or offer to sell is made in an establishment 14 which is in or affects interstate commerce. 16 SEC. 3. For purposes of section 2, the term "alcoholic 17 beverage" means beer as defined in section 5052(a) of the 18 Internal Revenue Code of 1954, wine of not less than 5 per 19 centum of alcohol by volume, or distilled spirits as defined in 20 section 5002(a)(6) of the Internal Revenue Code of 1954. PENALTY SEC. 4. (a) Any person who violates section 2 shall be 23 subject to a civil penalty of not more than $5,000. 24 (b) A civil penalty for a violation of section 2 shall be 25 assessed by the Secretary of Commerce by an order made on HR 3870 IH 3 1 the record after opportunity for a hearing in accordance with 2 section 554 of title 5, United States Code. Before issuing 3 such an order the Secretary shall— 4 5 6 7 8 9 (1) give written notice to the person to be assessed the civil penalty under such order of the Secretary's proposal to issue such an order, and (2) provide such person an opportunity to request, within fifteen days of the date the notice is received by such person, such a hearing on the order. 10 (c)(1) In determining the amount of a civil penalty, the 11 Secretary shall take into account the nature, circumstances, 12 extent, and gravity of the violation or violations and, with 13 respect to the violator, any history of prior such violations, 14 the degree of culpability, and such other matters as justice 15 may require. 16 (2) The Secretary may compromise, modify, or remit, 17 with or without conditions, any civil penalty which may be 18 imposed under this section. 19 (d) Any person who requested in accordance with sub20 section (b) a hearing respecting the assessment of a civil pen21 alty and who is aggrieved by an order assessing a civil penal22 ty may file a petition for judicial review of such order with 23 the United States Court of Appeals for the District of Colum24 bia Circuit or for any other circuit in which such person re25 sides or transacts business. Such a petition may only be filed HR 3870 IH 4 1 within the thirty-day period beginning on the date the order 2 making such assessment was issued. 3 (e) If any person fails to pay an assessment of a civil 4 penalty 5 (1) after the order making the assessment has 6 become a final order and if such person does not file a 19 7 petition for judicial review of the order in accordance with subsection (d), or 8 9 10 11 (2) after a court in an action brought under subsection (d) has entered a final judgment in favor of the Secretary. 12 the Attorney General shall recover the amount assessed (plus 13 interest at currently prevailing rates from the date of the 14 expiration of the thirty-day period referred to in subsection 15 (d) or the date of such final judgment, as the case may be) in 16 an action brought in any appropriate district court of the 17 United States. In such an action, the validity, amount, and 18 appropriateness of such penalty shall not be subject to 19 review. 20 21 CITIZENS' CIVIL ACTIONS SEC. 5. (a) Any person (including a State) may com 22 mence a civil action against any person who is alleged to be 23 in violation of section 2 to enjoin such person from violating 24 such section. HR 3870 IH 5 1 (b) Any civil action under subsection (a) may be brought 2 in any State court of competent jurisdiction or in a United 3 States district court. An action brought in a United States 4 district court shall be brought in the United States district 5 court for the district in which the alleged violation occurred 6 or in which the defendant resides or in which the defendant's 7 principal place of business is located. The district courts of 8 the United States shall have jurisdiction over suits brought 9 under this section, without regard to the amount in contro10 versy or the citizenship of the parties. In any civil action 11 brought in a United States district court process may be 12 served on a defendant in any judicial district in which the 13 defendant resides or may be found and subpoenas for wit14 nesses may be served in any judicial district. 15 (c) The court, in issuing any final order in any action 16 brought under subsection (a), may award to the plaintiff costs 17 of suit and reasonable fees for attorneys and expert witnesses 18 if the court determines that such an award is appropriate. 19 Any court, in issuing its decision in an action brought to 20 review such an order, may award to the plaintiff costs of suit 21 and reasonable fees for attorneys if the court determines that 22 such an award is appropriate. 23 (d) Nothing in this section shall restrict any right which 24 any person (or class of persons) may have under any statute 25 or common law to seek enforcement of section 2. HR 3870 LH |