To end the Tucker Act shuffle.
Tucker Act Shuffle Relief Act of 1997 - Grants each of the U.S. district courts and the United States Court of Federal Claims (Claims Court) original jurisdiction to hear and determine all claims (whether for monetary or other relief) arising out of agency action alleged: (1) to constitute a taking in violation of the fifth amendment to the Constitution; or (2) not to constitute such a taking only because the action was not in accordance with lawful authority. Specifies that such grant of jurisdiction does not extend to matters over which other Federal law has granted exclusive jurisdiction to one or more U.S. courts of appeals.
Provides that the plaintiff, by commencing such an action, elects which court shall hear and determine those claims as to that plaintiff.
Prohibits any third party from being involuntarily joined to a case within the jurisdiction of the Claims Court by reason of this Act 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.
Grants the Claims Court the power to grant equitable and declaratory relief with respect to any claim within its jurisdiction under this Act.
Directs that any appeal from an action commenced under this Act be to the United States Court of Appeals for the Federal Circuit.
Repeals a provision denying Claims Court jurisdiction over a claim for which a plaintiff has pending in another court a suit against the United States or a person acting therefor.
Motion to reconsider laid on the table Agreed to without objection.
Rules Committee Resolution H. Res. 382 Reported to House. Rule provides for consideration of H.R. 992 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill. Measure will be considered read. Bill is open to amendments.
Rule H. Res. 382 passed House.
Mr. Smith (TX) asked unanimous consent that during consideration of the bill in the Committee of the Whole, pursuant to H. Res. 382, after the legislative day of March 11 no further debate or amendments to the committee amendment in the nature of a substitute shall be in order except as follows: On the legislative day of Thursday, March 12, the amendment by Representative Watt (NC), if offered on March 11, shall be further debatable for 20 minutes equally divided and controlled by Representative Watt (NC) and an opponent. Agreed to without objection.
Considered under the provisions of rule H. Res. 382. (consideration: CR H1087-1094)
Rule provides for consideration of H.R. 992 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill. Measure will be considered read. Bill is open to amendments.
The Speaker designated the Honorable Thomas W. Ewing to act as Chairman of the Committee.
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House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 382 and Rule XXIII.
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate.
Committee of the Whole House on the state of the Union rises leaving H.R. 992 as unfinished business.
Considered as unfinished business. (consideration: CR H1135-1140)
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
DEBATE - Pursuant to the unanimous consent agreement from the previous day, the Committee of the Whole proceeded with 20 minutes of debate on the Watt (NC) amendment which was left pending when the Committee rose on Wednesday. The Watt amendment in the nature of a substitute seeks to grant to the United States district courts original jurisdiction to hear and determine all claims, notwithstanding the dollar amount, arising out of an agency action alleged to constitute a taking without just compensation.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 992.
The previous question was ordered pursuant to the rule.
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
Passed/agreed to in House: On passage Passed by recorded vote: 230 - 180 (Roll No. 52).
Roll Call #52 (House)On passage Passed by recorded vote: 230 - 180 (Roll No. 52).
Roll Call #52 (House)Motion to reconsider laid on the table Agreed to without objection.
The title of the measure was amended. Agreed to without objection.
Received in the Senate and read twice and referred to the Committee on Judiciary.