IB
Union Calendar No. 574
106TH CONGRESS
2D SESSION
H. R. 1924
[Report No. 106–976]
To prevent Federal agencies from pursuing policies of unjustifiable non-
acquiescence 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
OCTOBER 12, 2000
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on May 25, 1999]
A BILL
To prevent Federal agencies from pursuing policies of un-
justifiable nonacquiescence in, and relitigation of, prece-
dents established in the Federal judicial courts.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Federal Agency Compli-
ance Act’’.
SEC. 2. PROHIBITING AGENCY NON-ACQUIESCENCE IN AP-
PELLATE PRECEDENT.
(a) IN GENERAL.—Chapter 7 of title 5, United States
Code, is amended by adding at the end the following:
‘‘§ 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, pro-
gram, or policy within a judicial circuit, adhere to the ex-
isting precedent respecting the interpretation and applica-
tion of such statute, rule, regulation, program, or policy,
as established by the decisions of the United States court
of appeals for that circuit.
‘‘(b) An agency is not precluded under subsection (a)
from taking a position, either in an administrative pro-
ceeding 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 estab-
lished, 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 Solicitor General determines or the
agency officer responsible for such determination
determines the decision establishing that prece-
dent was otherwise substantially favorable to the
agency; or
‘‘(3) it is reasonable to question the continued
validity of that precedent in light of a subsequent de-
cision 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 add-
ing at the end the following new item:
‘‘707. Adherence to court of appeals precedent.’’.
SEC. 3. AVOIDING UNNECESSARILY REPETITIVE LITIGA-
TION.
(a) IN GENERAL.—Chapter 7 of title 5, United States
Code, is amended by adding at the end the following:
‘‘§ 708. Avoiding unnecessarily repetitive litigation
‘‘In supervising the conduct of civil litigation, the offi-
cers of any agency of the United States authorized to con-
duct 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 con-
tinuation of proceedings in the courts of the United States,
within, or subject to the jurisdiction of, a particular judi-
cial circuit, avoids unnecessarily repetitive litigation on
questions of law already uniformly resolved against the
United States in 3 or more courts of appeals. A decision
on whether to iniate, defend, or continue litigation is not
subject to review in any court by mandamus or otherwise
on the grounds that the decision violates this section.’’.
(b) CLERICAL AMENDMENT.—The table of sections for
chapter 7 of title 5, United States Code, is amended by add-
ing at the end the following new item:
‘‘708. Avoiding unnecessarily repetitive litigation.’’.
Union Calendar No. 574
106TH CONGRESS
2D SESSION
H. R. 1924
[Report No. 106–976]
A BILL
To prevent Federal agencies from pursuing policies
of unjustifiable nonacquiescence in, and relitiga-
tion of, precedents established in the Federal ju-
dicial courts.
OCTOBER 12, 2000
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed