[House Report 106-525]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-525
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PROVIDING FOR THE CONSIDERATION OF H.R. 2372, THE PRIVATE PROPERTY
RIGHTS IMPLEMENTATION ACT OF 2000
_______
March 15, 2000.--Referred to the House Calendar and ordered to be
printed
_______
Ms. Pryce of Ohio, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 441]
The Committee on Rules, having had under consideration
House Resolution 441, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
summary of provisions of the resolution
The resolution provides for the consideration of H.R. 2372,
the Private Property Rules Implementation Act of 2000, under a
structured rule. The rule provides one hour of general debate
divided equally between the chairman and ranking minority
member of the Committee on the Judiciary.
The rule makes in order the Committee on the Judiciary
amendment in the nature of a substitute now printed in the bill
as an original bill for the purpose of amendment. The rule also
makes in order only those amendments printed in this report.
Those amendments may be offered only in the order printed in
this report, may be offered only by a Member designated in this
report, shall be considered as read, shall be debatable for the
time specified in this report equally divided and controlled by
the proponent and an opponent, shall not be subject to
amendment, and shall not be subject to a demand for a division
of the question in the House or in the Committee of the Whole.
The rule waives all points of order against the amendments
printed in this report. The Chairman of the Committee of the
Whole may postpone votes during consideration of the bill, and
reduce voting time to five minutes on a postponed question if
the vote follows a fifteen minute vote. Finally, the rule
provides one motion to recommit with or without instructions.
amendments made in order under the rule
Watt/Conyers: Amends 28 U.S.C. Sec. 1343 and other U.S.
Code provisions to ensure uniformity in the litigation of
constitutional claims, including those claims involving the
uses of property. (20 minutes)
Traficant: Perfecting amendment to Section 5 of the bill to
clarify that the government has 14 days to notify landowners of
their rights. (10 minutes)
Boehlert: Amendment in the Nature of a Substitute.
Eliminates Section 2 of the bill and retains the heart of
Sections 3 and 4 of the bill, which attempts to expedite
takings cases in which federal (as opposed to local) actions
are at issue. (60 minutes)
Text of amendments made in order under the rule:
1. An Amendment To Be Offered by Representative Watt of North Carolina,
or Representative Conyers of Michigan, or a Designee, Debatable for 20
Minutes
Page 3, beginning on line 8, strike ``in an action in which
the operative facts concern the uses of real property''.
Page 3, beginning on line 16, strike ``in which the operative
facts concern the uses of real property and''.
Page 4, line 4, strike ``property''.
Page 4, beginning on line 16, strike ``, regarding the extent
of permissible uses on the property that has been allegedly
infringed or taken''.
Page 4, line 20, strike ``to use the property''.
Page 5, line 4, strike ``to use the property''.
Page 5, beginning on line 6, strike ``use, density, or
intensity or development of the property that would be
approved, with any conditions therefor,'' and insert instead
``reasons for such disapproval''.
Page 6, line 19, strike ``the''.
Page 6, line 20, strike ``of takings of property''.
Page 7, beginning on line 1, strike ``that'' and all that
follows through ``States,'' on line 4.
Page 7, beginning on line 10, strike ``, regarding the extent
of permissible uses on the property that has been allegedly
infringed or taken''.
Page 7, line 14, strike ``to use the property''.
Page 7, line 16, strike ``or waiver''.
Page 8, line 4, strike ``the''.
Page 8, line 5, strike ``of takings of property''.
Page 8, beginning on line 10, strike ``founded'' and all that
follows through ``States,'' on page 8, line 12.
Page 8, beginning on line 18, strike ``, regarding the extent
of permissible uses on the property that has been allegedly
infringed or taken''.
Page 8, line 22, strike ``to use the property''.
Page 8, line 24, strike ``or waiver''.
Page 9, line 15, strike ``limiting the use of private
property''.
Page 9, line 17, strike ``owners of that property'' and
insert instead ``party affected by such action''.
2. An Amendment To Be Offered by Representative Traficant of Ohio, or a
Designee, Debatable for 10 Minutes
In section 5, after ``the agency shall'' insert ``, not
later than 14 days after the agency takes that action,''.
3. An Amendment To Be Offered by Representative Boehlert of New York,
or a Designee, Debatable for 60 Minutes
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Private Property Rights
Implementation Act of 2000''.
SEC. 2. UNITED STATES AS DEFENDANT.
Section 1346 of title 28, United States Code, is amended by
adding at the end the following:
``(h)(1) Any claim brought under subsection (a) that is
founded upon a property right or privilege secured by the
Constitution, but was allegedly infringed or taken by the
United States, shall be ripe for adjudication upon a final
decision rendered by the United States, that causes actual and
concrete injury to the party seeking redress.
``(2) For purposes of this subsection, a final decision
exists if--
``(A) the United States makes a definitive decision
regarding the extent of permissible uses on the
property that has been allegedly infringed or taken;
and
``(B) one meaningful application, as defined by the
relevant department or agency, to use the property has
been submitted but denied, and the party seeking
redress has applied for but is denied one appeal or
waiver, where the applicable law of the United States
provides a mechanism for appeal to or waiver by an
administrative agency.
The party seeking redress shall not be required to apply for an
appeal or waiver described in subparagraph (B) if no such
appeal or waiver is available or if such an appeal or waiver
would be futile.''.
SEC. 3. JURISDICTION OF COURT OF FEDERAL CLAIMS.
Section 1491(a) of title 28, United States Code, is amended
by adding at the end the following:
``(3) Any claim brought under this subsection founded upon a
property right or privilege secured by the Constitution, but
allegedly infringed or taken by the United States, shall be
ripe for adjudication upon a final decision rendered by the
United States, that causes actual and concrete injury to the
party seeking redress. For purposes of this paragraph, a final
decision exists if--
``(A) the United States makes a definitive decision
regarding the extent of permissible uses on the
property that has been allegedly infringed or taken;
and
``(B) one meaningful application, as defined by the
relevant department or agency, to use the property has
been submitted but denied, and the party seeking
redress has applied for but is denied one appeal or
waiver, where the applicable law of the United States
provides a mechanism for appeal or waiver.
The party seeking redress shall not be required to apply for an
appeal or waiver described in subparagraph (B) if no such
appeal or waiver is available or if such an appeal or waiver
would be futile.''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply to actions
commenced on or after the 120th day after the date of the
enactment of this Act.