H.R.992 - Tucker Act Shuffle Relief Act of 1997105th Congress (1997-1998)
|Sponsor:||Rep. Smith, Lamar [R-TX-21] (Introduced 03/06/1997)|
|Committees:||House - Judiciary | Senate - Judiciary|
|Committee Reports:||H. Rept. 105-424|
|Latest Action:||03/12/1998 Received in the Senate and read twice and referred to the Committee on Judiciary. (All Actions)|
|Major Recorded Votes:||03/12/1998 : Passed House|
This bill has the status Passed House
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Summary: H.R.992 — 105th Congress (1997-1998)All Bill Information (Except Text)
Passed House amended (03/12/1998)
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.