Ensuring Access to Justice for Claims Against the United States Act

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. 1. Short title This Act may be cited as the Ensuring Access to Justice for Claims Against the United States Act 2. Jurisdiction of United States Court of Federal Claims (a) Amendments to title 28, United States Code (1) In general Section 1500 1500. Presumption of stay (a) Definitions In this section— (1) the term court (2) the term Court of Federal Claims (b) Presumption of stay Except as provided in subsection (d), if a civil action is pending in, or on appeal from, the Court of Federal Claims, and the plaintiff or assignee of the plaintiff also has pending in any other court a civil action that includes a claim against the United States or an agency or officer of the United States arising from substantially the same set of operative facts, the court presiding over the action that was filed later shall stay the action, in whole or in part, until the action that was filed first is no longer pending. (c) Determining first-Filed action (1) Appeals For purposes of subsection (b), the date of filing for a civil action that is pending on appeal from the Court of Federal Claims is the date on which the action was filed in the Court of Federal Claims. (2) Actions or appeals filed on same day For purposes of subsection (b), if the actions described in subsection (b) were filed on the same day, without regard to the time of day, the action that is pending in, or on appeal from, the Court of Federal Claims shall be treated as having been filed first. (d) Exceptions The requirement to stay an action under subsection (b) shall not apply if— (1) the parties in each of the actions that include a claim based on substantially the same set of operative facts otherwise agree; or (2) the required stay is not, or ceases to be, in the interests of justice. . (2) Technical and conforming amendment The table of sections for chapter 91 1500. Presumption of stay. . (b) Applicability (1) In general Section 1500 (2) Previous jurisdictional bar Any claim in an action pending on the date of the enactment of this Act either in a court of appeals of the United States or the Supreme Court of the United States, or for which the time to file an appeal has not expired, shall not be subject to the jurisdictional bar under section 1500 December 8, 2014 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Summary: Ensuring Access to Justice for Claims Against the United States Act - Amends the federal judicial code with respect to the jurisdiction of federal courts over civil actions pending in, or on appeal from, the U.S. Court of Federal Claims (USCFC) when the plaintiff also has pending in another federal court a civil action that includes a claim against the United States (or an agency or officer of the United States) arising from the same set of operative facts. Requires the court presiding over the action that was filed later to stay the later action until the action that was filed first is no longer pending. (Currently, the USCFC is prohibited from having jurisdiction of any claim in which the plaintiff has pending in any other court any suit or process against the United States or any person who was acting or professing to act under the authority of the United States.) Provides an exception to the requirement to stay the later action if: (1) the parties in each of the actions agree, or (2) the required stay is not in the interests of justice.