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H.R. 1534 (rs) To simplify and expedite access to the Federal courts for injured ...


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                                                 Union Calendar No. 187
105th CONGRESS
  1st Session
                                H. R. 1534

                          [Report No. 105-323]

   To simplify and expedite access to the Federal courts for injured 
   parties whose rights and privileges, secured by the United States 
Constitution, have been deprived by final actions of Federal agencies, 
 or other government officials or entities acting under color of State 
law; to prevent Federal courts from abstaining from exercising Federal 
jurisdiction in actions where no State law claim is alleged; to permit 
 certification of unsettled State law questions that are essential to 
resolving Federal claims arising under the Constitution; and to clarify 
 when government action is sufficiently final to ripen certain Federal 
                 claims arising under the Constitution.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 6, 1997

 Mr. Gallegly introduced the following bill; which was referred to the 
                       Committee on the Judiciary

                            October 21, 1997

 Additional sponsors: Mr. Goode, Mr. Royce, Mr. Sessions, Mr. Bryant, 
Mr. Hill, Mr. Pickett, Mr. Sensenbrenner, Mr. Neumann, Mr. Bonilla, Mr. 
 Combest, Mr. Holden, Mr. Riggs, Mr. Weller, Mr. McIntosh, Mr. English 
 of Pennsylvania, Mr. Barcia, Mr. Herger, Mr. Cunningham, Mr. McInnis, 
   Mr. Turner, Mr. Canady of Florida, Mr. Thornberry, Mr. Dooley of 
  California, Mr. Frost, Mr. Hastings of Washington, Mr. Hansen, Mr. 
Riley, Mr. Bob Schaffer of Colorado, Mr. Paxon, Mr. Brady, Mr. Collins, 
 Mr. Traficant, Mr. Bliley, Mr. Jenkins, Mr. Bishop, Mr. Boehner, Mr. 
  Goodlatte, Mr. Pascrell, Mr. Lewis of California, Mr. Solomon, Mr. 
   Condit, Mr. Dreier, Mr. Fazio of California, Mr. Hutchinson, Mr. 
Shimkus, Mr. Ensign, Mr. Calvert, Mr. Doolittle, Mr. Kolbe, Mr. Cox of 
     California, Mr. McCollum, Mr. Cannon, Mr. Hall of Texas, Mrs. 
   Chenoweth, Mr. Bunning, Mr. Kim, Mr. Hilliard, Mr. Hayworth, Mrs. 
    Northup, Mr. Deal of Georgia, Mr. Christensen, Mr. Packard, Mr. 
Pickering, Mr. Gekas, Mr. McHugh, Mr. Gillmor, Mr. Hefley, Mr. Cooksey, 
Mr. McKeon, Mr. Salmon, Mr. Rogan, Mr. Smith of Oregon, Mr. Underwood, 
Mr. Inglis of South Carolina, Mr. Skeen, Mr. Chambliss, Mr. Wicker, Mr. 
 Schiff, Mr. Ehrlich, Mr. Shadegg, Mr. Gibbons, Mr. Parker, Mr. Foley, 
  Mr. Ballenger, Mr. Upton, Mr. Watkins, Mr. Smith of New Jersey, Mr. 
Hunter, Mr. Tauzin, Mr. Hastert, Mr. Jones, Mr. Callahan, Mr. Kingston, 
   Mr. LoBiondo, Mr. Martinez, Mr. Cook, Mr. Metcalf, Mr. Ortiz, Mr. 
 Spence, Mr. Wamp, Mr. Regula, Ms. Granger, Mrs. Roukema, Mr. Thomas, 
   Mr. Saxton, Mr. Knollenberg, Mr. Dickey, Mr. Coble, Mr. Bono, Mr. 
  Pombo, Mr. McCrery, Mr. Rohrabacher, Mr. Sam Johnson of Texas, Mr. 
     Burton of Indiana, Mr. Baker, Mr. Stump, Mrs. Linda Smith of 
 Washington, Mr. Livingston, Mr. Barr of Georgia, Mr. Smith of Texas, 
Mr. Peterson of Minnesota, Mr. Latham, Mr. Graham, Mr. Radanovich, Mrs. 
   Fowler, Mr. Brown of California, Mr. Weldon of Pennsylvania, Mr. 
Stenholm, Mr. Chabot, Mr. Watts of Oklahoma, Mr. Edwards, Mr. Franks of 
    New Jersey, Mr. Crapo, Ms. Danner, Mr. Duncan, Mr. Baesler, Mr. 
 Gutknecht, Mr. Talent, Ms. Pryce of Ohio, Mr. Cramer, Mr. Barrett of 
  Nebraska, Mr. Smith of Michigan, Mr. Young of Alaska, Mr. Miller of 
  Florida, Mr. Nethercutt, Mr. Pappas, Mr. Aderholt, Mrs. Myrick, Ms. 
 Dunn, Mr. Sandlin, Mr. Tiahrt, Mr. Berry, Mr. Camp, Mr. Everett, Mr. 
Stearns, Mr. Bachus, Mr. Goodling, Mr. Souder, Mr. Hoekstra, Mr. Ryun, 
 Mr. White, Mr. Faleomavaega, Mr. McDade, Mrs. Cubin, Mr. Hobson, Mr. 
Nussle, Mr. Dicks, Mr. Rogers, Mr. Bilirakis, Mr. Pitts, Mr. Petri, Mr. 
   LaHood, Mr. Hamilton, Mr. Mica, Mr. Armey, Mr. Scarborough, Mrs. 
 Tauscher, Mr. Buyer, Mr. Manzullo, Mr. DeLay, Mr. Weldon of Florida, 
 Mr. Ney, Mr. John, Mr. Horn, Mr. Wolf, Mr. Dan Schaefer of Colorado, 
Mr. Lucas of Oklahoma, Mr. Coburn, Mr. Bartlett of Maryland, Mr. Barton 
of Texas, Mr. Bilbray, Mr. Young of Florida, Mr. Whitfield, Mr. Archer, 
Mr. Moran of Kansas, Mr. Linder, Mr. Paul, Mr. Blunt, Mr. Norwood, Mr. 
Skelton, Mr. Redmond, Mr. Thompson, Mr. Hoyer, Mrs. Emerson, Mr. Davis 
 of Virginia, Mr. Boyd, Mr. Gilman, Mr. Peterson of Pennsylvania, Mr. 
Sisisky, Mr. Green, Mr. Sununu, Mr. Oxley, Mr. Kasich, Mr. Istook, Mr. 
Lewis of Kentucky, Mr. Leach, Mrs. Johnson of Connecticut, Mr. Porter, 
  Mr. Largent, Mr. Oberstar, Mr. Crane, Mr. Murtha, Mr. Houghton, Mr. 
Sanford, Mr. Gordon, Mr. Snowbarger, Mr. Hilleary, Mr. Diaz-Balart, Mr. 
  Shaw, Mr. Blumenauer, Mr. Doyle, Mr. Taylor of North Carolina, Mr. 
     Thune, Mr. Shuster, Mr. Burr of North Carolina, Mr. Taylor of 
          Mississippi, Mr. King, Mr. Rothman, and Mr. Hulshof

                            October 21, 1997

  Reported with an amendment, 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 May 6, 
                                 1997]

_______________________________________________________________________

                                 A BILL


 
   To simplify and expedite access to the Federal courts for injured 
   parties whose rights and privileges, secured by the United States 
Constitution, have been deprived by final actions of Federal agencies, 
 or other government officials or entities acting under color of State 
law; to prevent Federal courts from abstaining from exercising Federal 
jurisdiction in actions where no State law claim is alleged; to permit 
 certification of unsettled State law questions that are essential to 
resolving Federal claims arising under the Constitution; and to clarify 
 when government action is sufficiently final to ripen certain Federal 
                 claims arising under the Constitution.

    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 ``Private Property Rights 
Implementation Act of 1997''.

SEC. 2. JURISDICTION IN CIVIL RIGHTS CASES.

    Section 1343 of title 28, United States Code, is amended by adding 
at the end the following:
    ``(c) Whenever a district court exercises jurisdiction under 
subsection (a) in an action in which the operative facts concern the 
uses of real property, it shall not abstain from exercising or 
relinquish its jurisdiction to a State court in an action where no 
claim of a violation of a State law, right, or privilege is alleged, 
and where a parallel proceeding in State court arising out of the same 
operative facts as the district court proceeding is not pending.
    ``(d) Where the district court has jurisdiction over an action 
under subsection (a) in which the operative facts concern the uses of 
real property and which cannot be decided without resolution of a 
significant but unsettled question of State law, the district court may 
certify the question of State law to the highest appellate court of 
that State. After the State appellate court resolves the question 
certified to it, the district court shall proceed with resolving the 
merits. The district court shall not certify a question of State law 
under this subsection unless the question of State law--
            ``(1) will significantly affect the merits of the injured 
        party's Federal claim; and
            ``(2) is so unclear and obviously susceptible to a limiting 
        construction as to render premature a decision on the merits of 
        the constitutional or legal issue in the case.
    ``(e)(1) Any claim or action brought under section 1979 of the 
Revised Statutes of the United States (42 U.S.C. 1983) to redress the 
deprivation of a property right or privilege secured by the 
Constitution shall be ripe for adjudication by the district courts upon 
a final decision rendered by any person acting under color of any 
statute, ordinance, regulation, custom, or usage, of any State or 
territory of 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) any person acting under color of any statute, 
        ordinance, regulation, custom, or usage, of any State or 
        territory of the United States, makes a definitive decision 
        regarding the extent of permissible uses on the property that 
        has been allegedly infringed or taken, without regard to any 
        uses that may be permitted elsewhere;
            ``(B) one meaningful application 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 statute, ordinance, custom, or usage provides a 
        mechanism for appeal to or waiver by an administrative agency; 
        and
            ``(C) in a case involving the uses of real property, where 
        the applicable statute or ordinance provides for review of the 
        case by elected officials, the party seeking redress has 
        applied for but is denied such review.
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, if it cannot provide the relief requested, or if the 
prospects of success are reasonably unlikely and intervention by the 
district court is warranted to decide the merits.
    ``(3) For purposes of this subsection, a final decision shall not 
require the party seeking redress to exhaust judicial remedies provided 
by any State or territory of the United States.''.

SEC. 3. 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, without regard to any 
        uses that may be permitted elsewhere; and
            ``(B) one meaningful application 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, if it cannot provide the relief requested, or if the 
prospects of success are reasonably unlikely and intervention by the 
district court or the United States Court of Federal Claims is 
warranted to decide the merits.''.

SEC. 4. 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, without regard to any 
        uses that may be permitted elsewhere; and
            ``(B) one meaningful application 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, if it cannot provide the relief requested, or if the 
prospects of success are reasonably unlikely and intervention by the 
United States Court of Federal Claims is warranted to decide the 
merits.''.

SEC. 5. EFFECTIVE DATE.

    The amendments made by this Act shall apply to actions commenced on 
or after the date of the enactment of this Act.
                                     





                                                 Union Calendar No. 187

105th CONGRESS

  1st Session

                               H. R. 1534

                          [Report No. 105-323]

_______________________________________________________________________

                                 A BILL

   To simplify and expedite access to the Federal courts for injured 
   parties whose rights and privileges, secured by the United States 
Constitution, have been deprived by final actions of Federal agencies, 
 or other government officials or entities acting under color of State 
law; to prevent Federal courts from abstaining from exercising Federal 
jurisdiction in actions where no State law claim is alleged; to permit 
 certification of unsettled State law questions that are essential to 
resolving Federal claims arising under the Constitution; and to clarify 
 when government action is sufficiently final to ripen certain Federal 
                 claims arising under the Constitution.

_______________________________________________________________________

                            October 21, 1997

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed

Pages: 1

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