S. 2769 — Introduced in Senate

II 113th CONGRESS 2d Session S. 2769 IN THE SENATE OF THE UNITED STATES July 31, 2014 Mr. Wicker (for himself, Mr. Tester, and Mr. Cornyn) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 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. 1. 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: 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 after the date of enactment of this Act, unless the action filed later (as determined in accordance with such section) is pending in a court of appeals of the United States or the Supreme Court of the United States. (2) Previous jurisdictional bar No claim in an action pending in which appellate rights have not been exhausted on or after the date of enactment of this Act shall 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 enactment of this Act.