IB

Union Calendar No. 242

105TH CONGRESS

2D SESSION H. R. 992

[Report No. 105–424]

To end the Tucker Act shuffle.

IN THE HOUSE OF REPRESENTATIVES

MARCH 6, 1997

Mr. SMITH of Texas introduced the following bill; which was referred to the

Committee on the Judiciary

MARCH 3, 1998

Additional sponsors: Mr. RADANOVICH, Mr. MCHUGH, Mr. SKEEN, Mr.

HAYWORTH, Mr. EVERETT, Mr. BONILLA, Mr. HASTINGS of Washington,

Mr. LIVINGSTON, Mr. STUMP, Mr. YOUNG of Alaska, Mr. PETERSON of

Minnesota, Mr. STENHOLM, Mr. BARRETT of Nebraska, Mr. CRAPO, Mr.

THORNBERRY, Mr. SESSIONS, Mr. SAM JOHNSON of Texas, Mr. NORWOOD, Mr. BARCIA, Mr. HALL of Texas, Mr. PICKETT, Mr. CANADY of

Florida, Mr. TURNER, Mr. NETHERCUTT, Mr. COMBEST, Ms. GRANGER,

Mr. SENSENBRENNER, Mr. ARCHER, Mr. LEWIS of Kentucky, Mr. BARTON of Texas, Mr. PAUL, Mr. BRADY, Mr. SOLOMON, Mr. GOODE, Mr.

MCINTOSH, Mr. GIBBONS, Mr. CHABOT, Mr. COLLINS, Mr. BAKER, Mr.

BOB SCHAFFER of Colorado, Mr. HOLDEN, Mr. WELDON of Florida,

Mrs. CHENOWETH, Mr. GALLEGLY, Mr. MARTINEZ, Mr. SMITH of Oregon, Mr. DEAL of Georgia, Mr. HUTCHINSON, Mr. CANNON, Mr. INGLIS

of South Carolina, and Mr. GILLMOR

MARCH 3, 1998

Reported with amendments, committed to the Committee of the Whole House

on the State of the Union, and ordered to be printed
2

•HR 992 RH

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on March 6, 1997]

A BILL

To end the Tucker Act shuffle.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Tucker Act Shuffle Relief

5 Act of 1997’’.

6 SEC. 2. TUCKER ACT SHUFFLE RELIEF.

7 (a) IN GENERAL.—

8 (1) GRANT OF CONCURRENT JURISDICTION.—Ex9 cept as provided in paragraph (3), the United States

10 district courts and the United States Court of Federal

11 Claims shall each have original jurisdiction to hear

12 and determine all claims (whether for monetary or

13 other relief) arising out of agency action alleged—

14 (A) to constitute a taking in violation of the

15 fifth article of amendment to the Constitution of

16 the United States; or

17 (B) not to constitute such a taking only be18 cause the action was not in accordance with law19 ful authority.
3

•HR 992 RH

1 (2) ELECTION BY PLAINTIFF.—The plaintiff, by

2 commencing an action under this section, elects which

3 court shall hear and determine those claims as to that

4 plaintiff.

5 (3) PARTIES INVOLUNTARILY JOINED.—No third

6 party may be involuntarily joined to a case, within

7 the jurisdiction of the Court of Federal Claims by rea8 son of this section, if that party would be entitled to

9 a determination of the claim with respect to which

10 that party is joined by a court established by or

11 under article III of the Constitution of the United

12 States.

13 (b) EQUITABLE AND DECLARATORY REMEDIES.—With

14 respect to any claim within its jurisdiction by reason of

15 this section, the Court of Federal Claims shall have the

16 power to grant equitable and declaratory relief when appro17 priate.

18 (c) APPEALS.—Any appeal from any action com19 menced under this section shall be to the United States

20 Court of Appeals for the Federal Circuit.

21 (d) DEFINITIONS.—As used in this Act, the term—

22 (1) ‘‘agency’’ means a department, agency, inde23 pendent agency, or instrumentality of the United

24 States, including any military department, Govern25 ment corporation, Government-controlled corporation,
4

•HR 992 RH

1 or other establishment in the executive branch of the

2 United States Government; and

3 (2) ‘‘agency action’’ means any action or deci4 sion taken by an agency.

5 (e) CONFORMING AMENDMENT TO TITLE 28, UNITED

6 STATES CODE, RELATING TO JURISDICTION OVER TORT

7 CLAIMS.—Section 1346(b) of title 28, United States Code,

8 is amended by inserting ‘‘and the Tucker Act Shuffle Relief

9 Act of 1997’’ after ‘‘chapter 171 of this title’’.

10 SEC. 3. REPEAL OF LIMITATION ON FEDERAL CLAIMS

11 COURT JURISDICTION BECAUSE OF PEND12 ENCY OF CLAIMS IN OTHER COURTS.

13 (a) IN GENERAL.—Section 1500 of title 28, United

14 States Code, is repealed.

15 (b) CLERICAL AMENDMENT.—The table of sections for

16 chapter 91 of title 28, United States Code, is amended by

17 striking out the item relating to section 1500.

Amend the title so as to read: ‘‘A bill to end the

Tucker Act shuffle, and for other purposes.’’.

Union Calendar No. 242

105TH CONGRESS

2D SESSION H. R. 992

[Report No. 105–424]

A BILL

To end the Tucker Act shuffle.

MARCH 3, 1998

Reported with amendments, committed to the Committee

dered to be printedof the Whole House on the State of the Union, and or-