,,ii  #aacth ,,congress  #b;d ,session  
,s4 #bgfi  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,july #ca1     
#bjad ,mr4 ,wicker 7for himself1 ,mr4   
,tester1 and ,mr4 ,cornyn7 introduced   
the following bill2 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 courts4  #a4    
,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 on or after the date of  

enactment of this ,act1 unless the      
action filed later 7as determined in    
accordance with such section7 is pending
 in a court of appeals of the ,united   
,states or the ,supreme ,court of the   
,united ,states4  7#b7 ,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 #aejj of title #bh1 ,united    
,states ,code1 as in effect on the day  
before the date of enactment of this    
,act4