H.R.1924 - Federal Agency Compliance Act106th Congress (1999-2000)
|Sponsor:||Rep. Gekas, George W. [R-PA-17] (Introduced 05/25/1999)|
|Committees:||House - Judiciary|
|Committee Reports:||H. Rept. 106-976|
|Latest Action:||House - 10/12/2000 Placed on the Union Calendar, Calendar No. 574. (All Actions)|
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Summary: H.R.1924 — 106th Congress (1999-2000)All Information (Except Text)
Federal Agency Compliance Act - Requires a Federal agency, in civil matters, 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.
Reported to House with amendment(s) (10/12/2000)
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 Solicitor General, or the agency officer responsible for such determination, determines that 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 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 uniformly resolved against the United States in three or more circuits. Specifies that a decision on whether to initiate, defend, or continue litigation is not subject to review.