,,ib  ,union ,calendar ,no4 #dhh  #aacth
 ,,congress  #b;d ,session  ,h4 ,r4     
#efhc  ,report ,no4 #aac-fej  ,,in ,,the
 ,,house ,,of ,,representatives         
,november #ab1 #bjad ,mr4 ,de,santis    
7for himself and ,mr4 ,cicilline7       
introduced the following bill2 which was
 referred to the ,committee on the      
,judiciary  ,december #h1 #bjad         
,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 courts4 
#a4 ,short title ,this ,act may be cited
 as the ,ensuring ,access to ,justice   
for ,claims ,against the ,united ,states
 ,act4  #b4 ,jurisdiction of ,united    
,states ,court of ,federal ,claims  7a7 
,amendments to title #bh1 ,united       
,states ,code  7#a7 ,in general ,section

 #aejj of title #bh1 ,united ,states    
,code1 is amended to read as follows3   
#aejj4 ,presumption of stay  7a7        
,definitions ,in this section--  7#a7   
the term court means any of the courts  
described in section #faj2 and  7#b7 the
 term ,court of ,federal ,claims means  
the ,united ,states ,court of ,federal  
,claims4  7b7 ,presumption of stay      
,except as provided in subsection 7d71  
if a civil action is pending in1 or on  
appeal from1 the ,court of ,federal     
,claims1 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 
facts1 the court presiding over the     
action that was filed later shall stay  
the action1 in whole or in part1 until  
the action that was filed first is no   
longer pending4  7c7 ,determining       
first-,filed action  7#a7 ,appeals ,for 

purposes of subsection 7b71 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 ,claims4  7#b7 ,actions or     
appeals filed on same day ,for purposes 
of subsection 7b71 if the actions       
described in subsection 7b7 were filed  
on the same day1 without regard to the  
time of day1 the action that is pending 
in1 or on appeal from1 the ,court of    
,federal ,claims shall be treated as    
having been filed first4  7d7           
,exceptions ,the requirement to stay an 
action under subsection 7b7 shall not   
apply if--  7#a7 the parties in each of 
the actions that include a claim based  
on substantially the same set of        
operative facts otherwise agree2 or     
7#b7 the required stay is not1 or ceases
 to be1 in the interests of justice4  4 
7#b7 ,technical and conforming amendment
 ,the table of sections for chapter #ia 
of title #bh1 ,united ,states ,code1 is 

amended by striking the item relating to
 section #aejj and inserting the        
following3  #aejj4 ,presumption of stay4
  4  7b7 ,applicability  7#a7 ,in       
general ,section #aejj of title #bh1    
,united ,states ,code1 as amended by    
subsection 7a71 shall apply to any      
action pending on1 or filed on or after1
 the date of the enactment of this ,act1
 but does not apply in a case in which  
the action filed later 7as determined in
 accordance with such section1 as so    
amended7 is pending 7on such date of    
enactment7 in a court of appeals of the 
,united ,states or the ,supreme ,court  
of the ,united ,states1 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 expired4
  7#b7 ,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 ,states1 or for which the time  

to file an appeal has not expired1 shall
 not be subject to the jurisdictional   
bar under section #aejj of title #bh1   
,united ,states ,code1 as in effect on  
the day before the date of the enactment
 of this ,act4  ,december #h1 #bjad     
,committed to the ,committee of the     
,whole ,house on the ,state of the      
,union and ordered to be printed