57th Plenary Session — Final Recommendations

Submitted by Megan Kindelan on Tue, 12/11/2012 - 13:03

The Need to Reform 28 U.S.C. § 1500

This recommendation urges Congress to repeal 28 U.S.C. § 1500, which divests the United States Court of Federal Claims of jurisdiction over otherwise cognizable claims when the plaintiff has claims against the federal government “pending in any other court” and arising from substantially the same set of operative facts.  It further recommends that Congress adopt a statutory stay presumption to mitigate any burden on courts or parties from simultaneous litigation of such claims in the Court of Federal Claims and other federal courts.

Third-Party Programs to Assess Regulatory Compliance

This recommendation is intended to assist federal agencies in determining whether and how to establish third-party programs for this purpose.  The recommendation suggests that when considering a third-party program, agencies should consult relevant governmental and nongovernmental resources.  They should compare the advantages and disadvantages of a third-party approach to a more traditional approach of direct governmental compliance assessment.  The recommendation also sets forth design features for agencies to consider after the decision has been made to establish a third-party program.

Inflation Adjustment for Civil Penalties

This recommendation addresses agency adjustments to civil monetary penalties under the Federal Civil Penalties Inflation Adjustment Act, codified as amended at 28 U.S.C. § 2461 note.  The recommendation highlights three statutory provisions that result in penalty adjustments that may not track the actual rate of inflation, and asks Congress to consider whether changes to the current statutory framework are appropriate.  It also advises agencies to adjust their penalties for inflation as required by the law.