Federal Agency Compliance Act
The source supplies the latest action, but no lifecycle stage.
Latest action (20 Oct 1998): Referred to the Committee on Judiciary.
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
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 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.
Timeline
20 Oct 1998
Referred to the Committee on Judiciary.
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?
- The source does not supply a confirmed lifecycle stage for S. 2641. Check the latest action and official source below.
- Who sponsored S. 2641?
- S. 2641 was sponsored by Sen. Campbell, Ben Nighthorse [R-CO] (R-CO), with 0 cosponsors.
- What's the latest action on S. 2641?
- Referred to the Committee on Judiciary. (20 Oct 1998).
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