Administrative Conference Recommendations Lead to Two American Bar Association Resolutions

FOR IMMEDIATE RELEASE

THURSDAY, FEBRUARY 21, 2013  

Contact:  Megan Kindelan
202-480-2091

Washington, D.C., February 21, 2013 – The American Bar Association’s (ABA) House of Delegates recently passed two resolutions based on recommendations issued by the Administrative Conference of the United States (ACUS).

ABA Resolution 300, in accordance with ACUS Recommendation 2012-6, urges Congress to repeal and replace an outdated law that may unfairly bar certain court claims on procedural grounds.  ABA Resolution 110A echoes ACUS Recommendation 2011-3 by urging federal government action to minimize government contractor personal conflicts of interest.  

“The ABA resolutions represent an important step toward implementation of two ACUS recommendations that will greatly increase the level of fairness in government procedures,” said Paul R. Verkuil, Conference Chairman.  “The House of Delegates has passed resolutions based on ACUS recommendations only a few times in our history, so we are delighted to have two resolutions passed during the ABA’s mid-year meeting last week.” 

ACUS Recommendation 2012-6 urges Congress to repeal a statute (28 U.S.C. §1500) that sometimes forces litigants to elect among courts—and claims—if they have multiple claims against the United States government based on substantially the same operative facts.  Recommendation 2012-6 seeks to remedy this unfairness by urging that Section 1500 be repealed and replaced with a presumption that courts will take steps to reduce the additional burden of parallel litigation on courts and litigants.

ACUS Recommendation 2011-3 calls on the Federal Acquisition Regulatory Council, the federal council charged with coordinating government-wide procurement policy, to develop model ethics guidelines for use in contracts posing a “high-risk” of personal conflicts of interest or misuse of government information by contractors.  Adoption of contractor ethics standards in these areas, the Administrative Conference believes, will help ensure the integrity of government contracts and promote public confidence in the government contracting process.

The Administrative Conference is an independent, nonpartisan agency that provides recommendations aimed at making the federal government work better by streamlining government processes and regulations.

About ACUS

The Administrative Conference of the United States is an independent federal agency dedicated to improving the administrative process through consensus-driven applied research, providing nonpartisan expert advice and recommendations for improvement of federal agency procedures. Its membership is composed of senior federal officials, academics, and other experts from the private sector with diverse views and backgrounds.  With the exception of the Chairman, all Conference Members are unpaid.

The Conference is committed to promoting effective public participation and efficiency in the rulemaking process by leveraging interactive technologies and encouraging open communication with the public, making improvements to the regulatory process by reducing unnecessary litigation, and improving the use of science and the effectiveness of applicable laws. Learn more at www.acus.gov.

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