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Union Calendar No. 488 

113TH CONGRESS 

2D SESSION H. R. 5683 

[Report No. 113–650] 

To ensure appropriate judicial review of Federal Government actions by 

amending the prohibition on the exercise of jurisdiction by the United 

States Court of Federal Claims of certain claims pending in other courts. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 12, 2014 

Mr. DESANTIS (for himself and Mr. CICILLINE) introduced the following bill; 

which was referred to the Committee on the Judiciary 

DECEMBER 8, 2014 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 

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A BILL 

To ensure appropriate judicial review of Federal Government 

actions by amending the prohibition on the exercise of 

jurisdiction by the United States Court of Federal 

Claims of certain claims pending in other courts. 

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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ensuring Access to 

5 Justice for Claims Against the United States Act’’. 

6 SEC. 2. JURISDICTION OF UNITED STATES COURT OF FED7 ERAL CLAIMS. 

8 (a) AMENDMENTS TO TITLE 28, UNITED STATES

9 CODE.— 

10 (1) IN GENERAL.—Section 1500 of title 28, 

11 United States Code, is amended to read as follows: 

12 ‘‘§ 1500. Presumption of stay 

13 ‘‘(a) DEFINITIONS.—In this section— 

14 ‘‘(1) the term ‘court’ means any of the courts 

15 described in section 610; and 

16 ‘‘(2) the term ‘Court of Federal Claims’ means 

17 the United States Court of Federal Claims. 

18 ‘‘(b) PRESUMPTION OF STAY.—Except as provided in 

19 subsection (d), if a civil action is pending in, or on appeal 

20 from, the Court of Federal Claims, and the plaintiff or 

21 assignee of the plaintiff also has pending in any other 

22 court a civil action that includes a claim against the 

23 United States or an agency or officer of the United States 

24 arising from substantially the same set of operative facts, 

25 the court presiding over the action that was filed later 

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1 shall stay the action, in whole or in part, until the action 

2 that was filed first is no longer pending. 

3 ‘‘(c) DETERMINING FIRST-FILED ACTION.— 

4 ‘‘(1) APPEALS.—For purposes of subsection 

5 (b), the date of filing for a civil action that is pend6 ing on appeal from the Court of Federal Claims is 

7 the date on which the action was filed in the Court 

8 of Federal Claims. 

9 ‘‘(2) ACTIONS OR APPEALS FILED ON SAME

10 DAY.—For purposes of subsection (b), if the actions 

11 described in subsection (b) were filed on the same 

12 day, without regard to the time of day, the action 

13 that is pending in, or on appeal from, the Court of 

14 Federal Claims shall be treated as having been filed 

15 first. 

16 ‘‘(d) EXCEPTIONS.—The requirement to stay an ac17 tion under subsection (b) shall not apply if— 

18 ‘‘(1) the parties in each of the actions that in19 clude a claim based on substantially the same set of 

20 operative facts otherwise agree; or 

21 ‘‘(2) the required stay is not, or ceases to be, 

22 in the interests of justice.’’. 

23 (2) TECHNICAL AND CONFORMING AMEND24 MENT.—The table of sections for chapter 91 of title 

25 28, United States Code, is amended by striking the 

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1 item relating to section 1500 and inserting the fol2 lowing: 

‘‘1500. Presumption of stay.’’. 

3 (b) APPLICABILITY.— 

4 (1) IN GENERAL.—Section 1500 of title 28, 

5 United States Code, as amended by subsection (a), 

6 shall apply to any action pending on, or filed on or 

7 after, the date of the enactment of this Act, but does 

8 not apply in a case in which the action filed later (as 

9 determined in accordance with such section, as so 

10 amended) is pending (on such date of enactment) in 

11 a court of appeals of the United States or the Su12 preme Court of the United States, or in a case in 

13 which a judgment has been entered as of such date 

14 of enactment but for which the time to file an appeal 

15 has not expired. 

16 (2) PREVIOUS JURISDICTIONAL BAR.—Any 

17 claim in an action pending on the date of the enact18 ment of this Act either in a court of appeals of the 

19 United States or the Supreme Court of the United 

20 States, or for which the time to file an appeal has 

21 not expired, shall not be subject to the jurisdictional 

22 bar under section 1500 of title 28, United States 

23 Code, as in effect on the day before the date of the 

24 enactment of this Act. 

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Union Calendar No. 488 

113TH CONGRESS 

2D SESSION H. R. 5683 

[Report No. 113–650] 

A BILL 

To ensure appropriate judicial review of Federal 

pending in other courts. States Court of Federal Claims of certain claims on the exercise of jurisdiction by the United Government actions by amending the prohibition 

DECEMBER 8, 2014 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

mstockstill on DSK4VPTVN1PROD with BILLS