Private Property Protection Act of 1999 (Introduced in the House)
HR 294 IH
106th CONGRESS
1st Session
H. R. 294
To ensure that Federal agencies establish the appropriate procedures
for assessing whether or not Federal regulations might result in the taking
of private property, and to direct the Secretary of Agriculture to report
to the Congress with respect to such takings under programs of the Department
of Agriculture.
IN THE HOUSE OF REPRESENTATIVES
January 6, 1999
Mr. SWEENEY introduced the following bill; which was referred to the Committee
on the Judiciary, and in addition to the Committee on Agriculture, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
A BILL
To ensure that Federal agencies establish the appropriate procedures
for assessing whether or not Federal regulations might result in the taking
of private property, and to direct the Secretary of Agriculture to report
to the Congress with respect to such takings under programs of the Department
of Agriculture.
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 Protection Act of 1999'.
SEC. 2. FINDINGS.
The Congress finds that there are certain Federal laws, regulations,
and actions, which adversely affect the value of private property.
SEC. 3. PURPOSE.
The purpose of this Act is to reduce the risk of undue or inadvertent
burdens on the public resulting from certain lawful Federal Government
actions.
SEC. 4. DEFINITIONS.
(1) the term `private property' includes all property protected by
the fifth amendment to the Constitution, including real and personal property
and tangible and intangible property;
(2) the term `taking of private property' means an activity wherein
private property is taken such that compensation to the owner of that property
is required by the fifth amendment to the Constitution; and
(3) the term `agency' means a Federal agency in the executive branch
which engages in activity with the potential for taking private property,
including any department, government corporation, government-controlled
corporation, or other establishment in the executive branch of the United
States Government.
SEC. 5. PROTECTION OF PRIVATE PROPERTY.
No regulation issued by an agency after the date of enactment of this
section shall become effective until the issuing agency is certified by
the Attorney General to be in compliance with Executive Order 12630 or
similar procedures to assess the potential for the taking of private property
in the course of Federal regulatory activity, with the goal of minimizing
such takings where possible. The Attorney General shall make a certification
under this paragraph no later than 90 days after the date of the issuance
of the regulation.
SEC. 6. JUDICIAL REVIEW.
(a) JURISDICTION- Judicial review of an action taken pursuant to this
Act shall be limited to the question of whether the Attorney General has
certified the issuing agency under section 5 as being in compliance with
Executive Order 12630 or similar procedures.
(b) STANDING- Only persons adversely affected by an agency action taken
pursuant to this Act shall have standing to challenge and seek judicial
review of that action.
(c) SAVINGS- Except as specifically provided in this section, nothing
in this section shall be construed to limit--
(1) the right of a person to file a claim under any other Federal law;
or
(2) the scope of judicial review of an agency action.
SEC. 7. STUDY AND REPORT ON TAKINGS, FARM ECONOMY, AND AGRICULTURAL PRODUCTION.
(a) STUDY- Before the end of the 90-day period beginning on the date
of the enactment of this Act, the Secretary of Agriculture shall conduct
a study to determine the effect that this Act will have on the farm economy
and agricultural production of the United States.
(b) REPORT- Before the end of the 90-day period beginning on the date
of the enactment of this Act, the Secretary of Agriculture shall submit
to the Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate a report
on the findings and conclusions of the study under subsection (a), which
shall include--
(A) administrative procedures followed by the Department of Agriculture
to minimize the taking of private property in regulatory activities of
that department; and
(B) measures undertaken by that department to implement Executive Order
12630; and
(2) recommendations for any further legislative or administrative actions
that are appropriate for limiting the effect that this Act will have on
the farm economy and agricultural production of the United States.