Private Property Protection Act of 2001 (Introduced in the House)

HR 212 IH

107th CONGRESS

1st Session

H. R. 212

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 3, 2001

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 2001'.

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.

    In this Act--
      (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--
      (1) a discussion of--
        (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.