I
106TH CONGRESS
1ST SESSION
H. R. 1924
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
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 Com-
pliance 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 fol-
lowing:
‘‘§ 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. All officers and employees of
an agency, including administrative law judges, shall ad-
here to such precedent.
‘‘(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 administra-
tion of the statute, rule, regulation, program, or pol-
icy 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 re-
view of the case in which that precedent was first es-
tablished, 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 prece-
dent 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 subse-
quent 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 LITIGA-
TION.
(a) IN GENERAL.—Chapter 7 of title 5, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘§ 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 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.’’.
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