SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Federal Agency Com-
pliance Act’’.
SEC. 
2. 
PROHIBITING 
INTRACIRCUIT 
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 follow-
ing:
‘‘§ 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 ad-
ministering a statute, rule, regulation, program, or policy
within a judicial circuit, adhere to the existing precedent
respecting the interpretation and application of such stat-
ute, 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 administration or litiga-
tion, 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 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 neither the United
States nor any agency or officer thereof was a party
to the case or because 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 subse-
quent change in the public policy or circumstances
on which that precedent was based.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 7 of title 5, United States
Code, is amended by adding at the end of following new
item:
‘‘707. Adherence to court of appeals precedent.’’.
SEC. 3. PREVENTING UNNECESSARY AGENCY RELITIGA-
TION IN MULTIPLE CIRCUITS.
(a) IN GENERAL.—Chapter 7 of title 5, United
States Code, as amended by section 2(a), is amended by
adding at the end the following:
‘‘§ 708. Supervision of litigation; limiting unnecessary
relitigation of legal issues
‘‘(a) In supervising the conduct of 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, shall 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 consistently resolved against the
position of the United States, or an agency or officer
thereof, in precedents established by the United States
courts of appeals for 3 or more other judicial circuits.
‘‘(b) Decisions on whether to initiate, defend, or con-
tinue litigation for purposes of subsection (a) shall take
into account, among other relevant factors, the following:
‘‘(1) The effect of intervening changes in perti-
nent law or the public policy or circumstances on
which the established precedents were based.
‘‘(2) Subsequent decisions of the United States
Supreme Court or the courts of appeals that pre-
viously decided the relevant question of law.
‘‘(3) The extent to which that question of law
was fully and adequately litigated in the cases in
which the precedents were established.
‘‘(4) The need to conserve judicial and other
parties’ resources.
‘‘(c) The Attorney General shall report annually to
the Committees on the Judiciary of the Senate and the
House of Representatives on the efforts of the Department
of Justice and other agencies to comply with subsection
(a).
‘‘(d) A decision on whether to initiate, defend, or con-
tinue litigation is not subject to review in a court, by man-
damus or otherwise, on the grounds that the decision vio-
lates subsection (a).’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 7 of title 5, United States
Code, as amended by section 2(b), is amended by adding
at the end of following new item:
‘‘708. Supervision of litigation; limiting unnecessary relitigation of legal issues.’’.
Passed the House of Representatives February 25,
1998.
Attest:
Clerk.