[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5683 Reported in House (RH)]
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
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring Access to Justice for
Claims Against the United States Act''.
SEC. 2. JURISDICTION OF UNITED STATES COURT OF FEDERAL CLAIMS.
(a) Amendments to Title 28, United States Code.--
(1) In general.--Section 1500 of title 28, United States
Code, is amended to read as follows:
``Sec. 1500. Presumption of stay
``(a) Definitions.--In this section--
``(1) the term `court' means any of the courts described in
section 610; and
``(2) the term `Court of Federal Claims' means the United
States 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 of title 28, United States Code, is
amended by striking the item relating to section 1500 and
inserting the following:
``1500. Presumption of stay.''.
(b) Applicability.--
(1) In general.--Section 1500 of title 28, United States
Code, as amended by subsection (a), shall apply to any action
pending on, or filed on or after, the date of the enactment of
this Act, but does not apply in a case in which the action
filed later (as determined in accordance with such section, as
so amended) is pending (on such date of enactment) in a court
of appeals of the United States or the Supreme Court of the
United States, or in a case in which a judgment has been
entered as of such date of enactment but for which the time to
file an appeal has not expired.
(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 of title 28, United States Code, as in
effect on the day before the date of the enactment of this Act.
Union Calendar No. 488
113th CONGRESS
2d Session
H. R. 5683
[Report No. 113-650]
_______________________________________________________________________
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.
_______________________________________________________________________
December 8, 2014
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed