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Bill105th CongressFiled May 7, 1997Law
H.R. 1544

Federal Agency Compliance Act

Bill journey · stage 2 of 5

Under committee review

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What it doesSummary passed house amended (Feb 25, 1998)

Federal Agency Compliance Act - Requires a Federal agency and its officers and employees, in administering a statute, rule, regulation, program, or policy (statute) within a judicial circuit, to adhere to the existing precedent respecting the interpretation and application of such statute, as established by the decisions of the U.S. court of appeals for that circuit, with exceptions.

Allows an agency to take a position, either in administration or litigation, that is at variance with such precedent if: (1) it is uncertain whether the administration of the statute will be subject to review by the appeals court 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 appeals court or the U.S. 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 appeals court or the U.S. 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.

Requires: (1) the officers of any Federal agency supervising the conduct of litigation to ensure that the initiation, defense, and continuation of proceedings in the U.S. courts within, or subject to the jurisdiction of, a particular judicial circuit avoids unnecessarily repetitive litigation on questions of law already consistently resolved against the U.S. position in precedents established by the U.S. courts of appeals for three or more other judicial circuits; (2) decisions on whether to initiate, defend, or continue litigation for purposes of this Act to take into account specified factors, including the effect of intervening changes in pertinent law or the public policy or circumstances on which the established precedents were based; and (3) the Attorney General to report annually to specified congressional committees on the Federal agency efforts to comply with such requirements. Specifies that a decision on whether to initiate, defend, or continue litigation is not subject to court review on the grounds that the decision violates such requirements.

What just happenedFeb 26, 1998

Received in the Senate and read twice and referred to the Committee on Judiciary.

Who’s behind it

Rep. Gekas, George W. [R-PA-17](R-PA)Sponsor
15 cosponsors5 D9 R1 I
Read on Congress.gov
15cosponsors2committees31actions1related bills
  1. Feb 26, 1998IntroReferral

    Received in the Senate and read twice and referred to the Committee on Judiciary.

    Judiciary Committee
  2. Feb 25, 1998FloorH38310

    Motion to reconsider laid on the table Agreed to without objection.

  3. Feb 25, 1998FloorH37100

    On passage Passed by recorded vote: 241 - 176 (Roll no. 24).

  4. Feb 25, 1998Floor8000

    Passed/agreed to in House: On passage Passed by recorded vote: 241 - 176 (Roll no. 24).

  5. Feb 25, 1998FloorH34400

    The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.

  6. Feb 25, 1998FloorH35000

    The previous question was ordered pursuant to the rule.

  7. Feb 25, 1998FloorH32600

    The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1544.

  8. Feb 25, 1998FloorH32050

    The House resolved into Committee of the Whole House on the state of the Union for further consideration.

  9. Feb 25, 1998FloorH30000

    Considered as unfinished business.

  10. Feb 25, 1998FloorH32700

    Committee of the Whole House on the state of the Union rises leaving H.R. 1544 as unfinished business.

  11. Feb 25, 1998FloorH8D000

    POSTPONED PROCEEDINGS - At the end of debate on the Jackson-Lee amendment, the Chair put the question and by voice vote, announced that the noes had prevailed. Ms. Jackson-Lee demanded a recorded vote and the Chair postponed further proceedings until later in the day.

  12. Feb 25, 1998FloorH8D000

    POSTPONED PROCEEDINGS - At the end of debate on the Jackson-Lee amendment, the Chair put the question and by voice vote, announced that the noes had prevailed. Ms. Jackson-Lee demanded a recorded vote and the Chair postponed further proceedings until later in the day.

  13. Feb 25, 1998FloorH8D000

    GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate.

  14. Feb 25, 1998FloorH32400

    The Speaker designated the Honorable Jo Ann Emerson to act as Chairwoman of the Committee.

  15. Feb 25, 1998FloorH32020

    House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 367 and Rule XXIII.

  16. Feb 25, 1998FloorH8D000

    Rule provides for consideration of H.R. 1544 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be read by section. Bill is open to amendments. It shall be in order to consider as an original bill for the purpose of amendment, the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill.

  17. Feb 25, 1998FloorH30000

    Considered under the provisions of rule H. Res. 367. (consideration: CR H587-598; H609-611)

  18. Feb 25, 1998FloorH1L220

    Rule H. Res. 367 passed House.

  19. Feb 24, 1998FloorH1L210

    Rules Committee Resolution H. Res. 367 Reported to House. Rule provides for consideration of H.R. 1544 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be read by section. Bill is open to amendments. It shall be in order to consider as an original bill for the purpose of amendment the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill.

  20. Nov 8, 1997CalendarsH12410

    Placed on the Union Calendar, Calendar No. 230.

  21. Nov 8, 1997CommitteeH12200

    Reported (Amended) by the Committee on Judiciary. H. Rept. 105-395.

    Judiciary Committee
  22. Nov 8, 1997Committee5000

    Reported (Amended) by the Committee on Judiciary. H. Rept. 105-395.

    Judiciary Committee
  23. Sep 17, 1997CommitteeH19000

    Ordered to be Reported (Amended) by Voice Vote.

    Judiciary Committee
  24. Sep 17, 1997CommitteeH15000-B

    Committee Consideration and Mark-up Session Held.

    Judiciary Committee
  25. Jul 24, 1997CommitteeH23000

    Forwarded by Subcommittee to Full Committee by Voice Vote.

    Commercial and Administrative Law Subcommittee
  26. Jul 24, 1997CommitteeH22000

    Subcommittee Consideration and Mark-up Session Held.

    Commercial and Administrative Law Subcommittee
  27. May 22, 1997CommitteeH21000

    Subcommittee Hearings Held.

    Commercial and Administrative Law Subcommittee
  28. May 14, 1997CommitteeH11000

    Referred to the Subcommittee on Commercial and Administrative Law.

    Commercial and Administrative Law Subcommittee
  29. May 7, 1997IntroReferralH11100

    Referred to the House Committee on the Judiciary.

    Judiciary Committee
  30. May 7, 1997IntroReferralIntro-H

    Introduced in House

  31. May 7, 1997IntroReferral1000

    Introduced in House

Passed House amendedFeb 25, 199836

Federal Agency Compliance Act - Requires a Federal agency and its officers and employees, in administering a statute, rule, regulation, program, or policy (statute) within a judicial circuit, to adhere to the existing precedent respecting the interpretation and application of such statute, as established by the decisions of the U.S. court of appeals for that circuit, with exceptions.

Allows an agency to take a position, either in administration or litigation, that is at variance with such precedent if: (1) it is uncertain whether the administration of the statute will be subject to review by the appeals court 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 appeals court or the U.S. 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 appeals court or the U.S. 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.

Requires: (1) the officers of any Federal agency supervising the conduct of litigation to ensure that the initiation, defense, and continuation of proceedings in the U.S. courts within, or subject to the jurisdiction of, a particular judicial circuit avoids unnecessarily repetitive litigation on questions of law already consistently resolved against the U.S. position in precedents established by the U.S. courts of appeals for three or more other judicial circuits; (2) decisions on whether to initiate, defend, or continue litigation for purposes of this Act to take into account specified factors, including the effect of intervening changes in pertinent law or the public policy or circumstances on which the established precedents were based; and (3) the Attorney General to report annually to specified congressional committees on the Federal agency efforts to comply with such requirements. Specifies that a decision on whether to initiate, defend, or continue litigation is not subject to court review on the grounds that the decision violates such requirements.

Reported to House with amendment(s)Nov 8, 199717

Federal Agency Compliance Act - Requires a Federal agency and its officers and employees, in administering a statute, rule, regulation, program, or policy (statute) within a judicial circuit, to adhere to the existing precedent respecting the interpretation and application of such statute, as established by the decisions of the U.S. court of appeals for that circuit, with exceptions.

Allows an agency to take a position, either in administration or litigation, that is at variance with such precedent if: (1) it is uncertain whether the administration of the statute will be subject to review by the appeals court 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 appeals court or the U.S. 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 appeals court or the U.S. 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.

Requires: (1) the officers of any Federal agency supervising the conduct of litigation to ensure that the initiation, defense, and continuation of proceedings in the U.S. courts within, or subject to the jurisdiction of, a particular judicial circuit avoids unnecessarily repetitive litigation on questions of law already consistently resolved against the U.S. position in precedents established by the U.S. courts of appeals for three or more other judicial circuits; (2) decisions on whether to initiate, defend, or continue litigation for purposes of this Act to take into account specified factors, including the effect of intervening changes in pertinent law or the public policy or circumstances on which the established precedents were based; and (3) the Attorney General to report annually to specified congressional committees on the Federal agency efforts to comply with such requirements. Specifies that a decision on whether to initiate, defend, or continue litigation is not subject to court review on the grounds that the decision violates such requirements.

Introduced in HouseMay 7, 199700

Federal Agency Compliance Act - Requires a Federal agency, in administering a statute, rule, regulation, program, or policy (statute) within a judicial circuit, to adhere to the existing precedent respecting the interpretation and application of such statute, as established by the decisions of the U.S. court of appeals for that circuit, with exceptions.

Allows an agency to take a position, either in administration or litigation, that is at variance with such precedent if: (1) it is uncertain whether the administration of the statute will be subject to review by the appeals court 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 appeals court or the U.S. 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 appeals court or the U.S. 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.

Requires: (1) the officers of any Federal agency supervising the conduct of litigation to ensure that the initiation, defense, and continuation of proceedings in the U.S. courts within, or subject to the jurisdiction of, a particular judicial circuit avoids unnecessarily repetitive litigation on questions of law already consistently resolved against the U.S. position in precedents established by the U.S. courts of appeals for three or more other judicial circuits; (2) decisions on whether to initiate, defend, or continue litigation for purposes of this Act to take into account specified factors, including the effect of intervening changes in pertinent law or the public policy or circumstances on which the established precedents were based; and (3) the Attorney General to report annually to specified congressional committees on the Federal agency efforts to comply with this Act.

Specifies that a decision on whether to initiate, defend, or continue litigation is not subject to court review on the grounds that the decision violates the requirement under this Act regarding adherence to court of appeals precedents.