[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1924 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 1924

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 25, 1999

  Mr. Gekas introduced the following bill; which was 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. SHORT TITLE.

    This Act may be cited as the ``Federal Agency Compliance Act''.

SEC. 2. PROHIBITING AGENCY NON-ACQUIESCENCE IN APPELLATE PRECEDENT.

    (a) 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 matters, 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 an administrative proceeding or in 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.''.
    (b) 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.''.

SEC. 3. AVOIDING UNNECESSARILY REPETITIVE LITIGATION.

    (a) In General.--Chapter 7 of title 5, United States Code, is 
amended by adding at the end the following:
``Sec. 708. Avoiding unnecessarily repetitive litigation
    ``In supervising the conduct of civil litigation, the officers of 
any agency of the United States authorized to conduct litigation, 
including the Department of Justice acting under sections 516 and 519 
of title 28, United States Code, should seek to ensure that the 
initiation, defense, and continuation of proceedings in the courts of 
the United States, within, or subject to the jurisdiction of, a 
particular judicial circuit, avoids unnecessarily repetitive litigation 
on questions of law already consistently resolved against the United 
States in 3 or more circuits.''
    (b) 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:

``708. Avoiding unnecessarily repetitive litigation.''.
                                 <all>