`[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 992 Reported in House (RH)]






                                                 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
 [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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tucker Act Shuffle Relief Act of 
1997''.

SEC. 2. TUCKER ACT SHUFFLE RELIEF.

    (a) In General.--
            (1) Grant of concurrent jurisdiction.--Except as provided 
        in paragraph (3), the United States district courts and the 
        United States Court of Federal Claims shall each have original 
        jurisdiction to hear and determine all claims (whether for 
        monetary or other relief) arising out of agency action 
        alleged--
                    (A) to constitute a taking in violation of the 
                fifth article of amendment to the Constitution of the 
                United States; or
                    (B) not to constitute such a taking only because 
                the action was not in accordance with lawful authority.
            (2) Election by plaintiff.--The plaintiff, by commencing an 
        action under this section, elects which court shall hear and 
        determine those claims as to that plaintiff.
            (3) Parties involuntarily joined.--No third party may be 
        involuntarily joined to a case, within the jurisdiction of the 
        Court of Federal Claims by reason of this section, if that 
        party would be entitled to a determination of the claim with 
        respect to which that party is joined by a court established by 
        or under article III of the Constitution of the United States.
    (b) Equitable and Declaratory Remedies.--With respect to any claim 
within its jurisdiction by reason of this section, the Court of Federal 
Claims shall have the power to grant equitable and declaratory relief 
when appropriate.
    (c) Appeals.--Any appeal from any action commenced under this 
section shall be to the United States Court of Appeals for the Federal 
Circuit.
    (d) Definitions.--As used in this Act, the term--
            (1) ``agency'' means a department, agency, independent 
        agency, or instrumentality of the United States, including any 
        military department, Government corporation, Government-
        controlled corporation, or other establishment in the executive 
        branch of the United States Government; and
            (2) ``agency action'' means any action or decision taken by 
        an agency.
    (e) Conforming Amendment to Title 28, United States Code, Relating 
to Jurisdiction Over Tort Claims.--Section 1346(b) of title 28, United 
States Code, is amended by inserting ``and the Tucker Act Shuffle 
Relief Act of 1997'' after ``chapter 171 of this title''.

SEC. 3. REPEAL OF LIMITATION ON FEDERAL CLAIMS COURT JURISDICTION 
              BECAUSE OF PENDENCY OF CLAIMS IN OTHER COURTS.

    (a) In General.--Section 1500 of title 28, United States Code, is 
repealed.
    (b) Clerical Amendment.--The table of sections for chapter 91 of 
title 28, United States Code, is amended by 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 of the Whole House 
          on the State of the Union, and ordered to be printed`