[Congressional Record Volume 144, Number 24 (Tuesday, March 10, 1998)]
[House]
[Pages H1021-H1022]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 6 of rule XXIII, proprosed amendments were submitted as 
follows:

                                H.R. 992

                     Offered By: Mr. Smith of Texas

       Amendment No. 1: Page 3, after line 12, insert the 
     following:
       (4) Preclusive review.--The grant of jurisdiction made by 
     this subsection does not extend to matters over which other 
     Federal

[[Page H1022]]

     law has granted exclusive jurisdiction to one or more United 
     States courts of appeals.

                                H.R. 992

                 Offered By: Mr. Watt of North Carolina

       Amendment No. 2: Beginning on page 2, strike line 8 and all 
     that follows through page 3, line 20, and insert the 
     following:
       (1) Grant of jurisdiction to united states district 
     courts.--The United States district courts shall have 
     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 under the fifth article of amendment to the 
     Constitution of the United States.
       (2) Election by plaintiff.--The plaintiff may elect to file 
     separate actions relating to such claims in the United States 
     district court and the Court of Federal Claims, or may 
     consolidate all such claims in the United States district 
     court.
       (3) Precludive or exclusive review.--Nothing in this 
     section shall be construed to affect any provision of a 
     Federal statute which gives preclusive or exclusive 
     jurisdiction of a specific cause of action to the United 
     States court of appeals or to specific United States district 
     courts.
       Page 3, line 21, strike ``(d)'' and insert ``(b)''.
       Page 4, strike lines 5 through 9.
       Page 4, strike lines 10 through 17 and insert the 
     following:

     SEC. 3. CLARIFICATION OF LIMITATION ON FEDERAL CLAIMS COURT 
                   JURISDICTION BECAUSE OF PENDING CLAIMS IN OTHER 
                   COURTS.

       Section 1500 of title 28, United States Code, is amended by 
     inserting ``, arising from the same operative facts and 
     seeking the same relief,'' after ``claim''.