Federal Agency Compliance Act
Latest action (20 Oct 1998): Introduced
What this bill does
The Federal Agency Compliance Act would amend title 5 of the United States Code to require federal agencies to follow the precedent set by a U.S. Court of Appeals when administering statutes, rules, regulations, programs, or policies within that circuit. This would apply to civil cases and would bind agency officers and employees, including administrative law judges, to existing circuit court rulings rather than allowing agencies to take a different position simply because they disagree with the precedent.
The bill would allow exceptions in limited circumstances: when it is unclear which circuit's court would review the matter; when the government was not a party to the case that established the precedent or the ruling was otherwise favorable to the government; or when a later court decision, statutory or regulatory change, or shift in public policy or circumstances calls the precedent's continued validity into question. In effect, the bill targets the practice known as agency "nonacquiescence," in which an agency continues applying its own interpretation of the law even after a court of appeals has ruled against that interpretation, unless one of these exceptions applies.
The bill would primarily affect federal administrative agencies and the individuals and businesses whose cases those agencies decide, by making circuit court precedent more binding on agency decision-making. Introduced by Senator Ben Campbell on October 20, 1998, in the 105th Congress, the bill was read twice and referred to the Senate Committee on the Judiciary. It did not receive a vote and did not advance further before the end of that Congress.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
This bill was introduced on October 20, 1998, in a previous session of Congress, but it did not receive a vote.
Common questions
- What does S. 2641 do?
- The Federal Agency Compliance Act would amend title 5 of the United States Code to require federal agencies to follow the precedent set by a U.S. Court of Appeals when administering statutes, rules, regulations, programs, or policies within that circuit. This would apply to civil cases and would bind agency officers and employees, including administrative law judges, to existing circuit court rulings rather than allowing agencies to take a different position simply because they disagree with the precedent. The bill would allow exceptions in limited circumstances: when it is unclear which circuit's court would review the matter; when the government was not a party to the case that established the precedent or the ruling was otherwise favorable to the government; or when a later court decision, statutory or regulatory change, or shift in public policy or circumstances calls the precedent's continued validity into question. In effect, the bill targets the practice known as agency "nonacquiescence," in which an agency continues applying its own interpretation of the law even after a court of appeals has ruled against that interpretation, unless one of these exceptions applies. The bill would primarily affect federal administrative agencies and the individuals and businesses whose cases those agencies decide, by making circuit court precedent more binding on agency decision-making. Introduced by Senator Ben Campbell on October 20, 1998, in the 105th Congress, the bill was read twice and referred to the Senate Committee on the Judiciary. It did not receive a vote and did not advance further before the end of that Congress.
- Has S. 2641 become law?
- Not yet. As of 20 Oct 1998, S. 2641 is introduced.
- Who sponsored S. 2641?
- S. 2641 was sponsored by Sen. Ben Campbell [R-CO, 1993-2004] (Republican-CO), with 0 cosponsors.
- What's the latest action on S. 2641?
- Introduced (20 Oct 1998).
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