IIA

105TH CONGRESS

2D SESSION H. R. 992

IN THE SENATE OF THE UNITED STATES

MARCH 12, 1998

Received; read twice and referred to the Committee on the Judiciary

AN ACT

To end the Tucker Act shuffle, and for other purposes.

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

2 This Act may be cited as the ‘‘Tucker Act Shuffle

3 Relief Act of 1997’’.

4 SEC. 2. TUCKER ACT SHUFFLE RELIEF.

5 (a) IN GENERAL.—

6 (1) GRANT OF CONCURRENT JURISDICTION.—

7 Except as provided in paragraph (3), the United

8 States district courts and the United States Court of

9 Federal Claims shall each have original jurisdiction

10 to hear and determine all claims (whether for mone11 tary or other relief) arising out of agency action al12 leged—

13 (A) to constitute a taking in violation of

14 the fifth article of amendment to the Constitu15 tion of the United States; or

16 (B) not to constitute such a taking only

17 because the action was not in accordance with

18 lawful authority.

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

20 commencing an action under this section, elects

21 which court shall hear and determine those claims as

22 to that plaintiff.

23 (3) PARTIES INVOLUNTARILY JOINED.—No

24 third party may be involuntarily joined to a case,

25 within the jurisdiction of the Court of Federal

26 Claims by reason of this section, if that party would
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1 be entitled to a determination of the claim with re2 spect to which that party is joined by a court estab3 lished by or under article III of the Constitution of

4 the United States.

5 (4) PRECLUSIVE REVIEW.—The grant of

6 jurisdiction made by this subsection does not

7 extend to matters over which other Federal law

8 has granted exclusive jurisdiction to one or

9 more United States courts of appeals.

10 (b) EQUITABLE AND DECLARATORY REMEDIES.—

11 With respect to any claim within its jurisdiction by reason

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

13 power to grant equitable and declaratory relief when ap14 propriate.

15 (c) APPEALS.—Any appeal from any action com16 menced under this section shall be to the United States

17 Court of Appeals for the Federal Circuit.

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

19 (1) ‘‘agency’’ means a department, agency,

20 independent agency, or instrumentality of the United

21 States, including any military department, Govern22 ment corporation, Government-controlled corpora23 tion, or other establishment in the executive branch

24 of the United States Government; and
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1 (2) ‘‘agency action’’ means any action or deci2 sion taken by an agency.

3 (e) CONFORMING AMENDMENT TO TITLE 28,

4 UNITED STATES CODE, RELATING TO JURISDICTION

5 OVER TORT CLAIMS.—Section 1346(b) of title 28, United

6 States Code, is amended by inserting ‘‘and the Tucker Act

7 Shuffle Relief Act of 1997’’ after ‘‘chapter 171 of this

8 title’’.

9 SEC. 3. REPEAL OF LIMITATION ON FEDERAL CLAIMS

10 COURT JURISDICTION BECAUSE OF PEND11 ENCY OF CLAIMS IN OTHER COURTS.

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

13 States Code, is repealed.

14 (b) CLERICAL AMENDMENT.—The table of sections

15 for chapter 91 of title 28, United States Code, is amended

16 by striking out the item relating to section 1500.

Passed the House of Representatives March 12,

1998.

Attest: ROBIN H. CARLE,

Clerk.