[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2641 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2641

  To prevent Federal agencies from pursuing policies of unjustifiable 
nonacquiescence in, and relitigation of, precedents established in the 
                        Federal judicial courts.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             October 20 (legislative day, October 2), 1998

 Mr. Campbell introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To prevent Federal agencies from pursuing policies of unjustifiable 
nonacquiescence in, and relitigation of, precedents established in the 
                        Federal judicial courts.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PROHIBITING INTRACIRCUIT AGENCY NON-ACQUIESCENCE IN 
              APPELLATE PRECEDENT.

    (a) Short Title.--This Act may be cited as the ``Federal Agency 
Compliance Act''.
    (b) In General.--Chapter 7 of title 5, United States Code, is 
amended by adding at the end the following:
``Sec. 707. Adherence to court of appeals precedent
    ``(a) Except as provided in subsection (b), an agency (as defined 
in section 701(b)(1) of this title) shall in civil cases, in 
administering a statute, rule, regulation, program, or policy within a 
judicial circuit, adhere to the existing precedent respecting the 
interpretation and application of such statute, rule, regulation, 
program, or policy, as established by the decisions of the United 
States court of appeals for that circuit. All officers and employees of 
an agency, including administrative law judges, shall adhere to such 
precedent.
    ``(b) An agency is not precluded under subsection (a) from taking a 
position, either in administrative or litigation, that is at variance 
with precedent established by a United States court of appeals if--
            ``(1) it is not certain whether the administration of the 
        statute, rule, regulation, program, or policy will be subject 
        to review exclusively by the court of appeals that established 
        that precedent or a court of appeals for another circuit;
            ``(2) the Government did not seek further review of the 
        case in which that precedent was first established, in that 
        court of appeals or the United States Supreme Court, because--
                    ``(A) neither the United States nor any agency or 
                officer thereof was a party to the case; or
                    ``(B) the decision establishing that precedent was 
                otherwise substantially favorable to the Government; or
            ``(3) it is reasonable to question the continued validity 
        of that precedent in light of a subsequent decision of that 
        court of appeals or the United States Supreme Court, a 
        subsequent change in any pertinent statute or regulation, or 
        any other subsequent change in the public policy or 
        circumstances on which that precedent was based.''.
    (c) Clerical Amendment.--The table of sections for chapter 7 of 
title 5, United States Code, is amended by adding at the end the 
following new item:

``707. Adherence to court of appeals precedent.''.
                                 <all>