[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 177 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 177

   To ensure that agencies establish the appropriate procedures for 
assessing whether or not regulation may result in the taking of private 
             property, so as to avoid such where possible.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 21 (legislative day, January 5), 1993

 Mr. Dole (for himself, Mr. Craig, Mr. Wallop, Mr. Gramm, Mr. Simpson, 
 Mr. Helms, Mr. Nickles, Mr. Bond, Mr. McConnell, Mr. Stevens, and Mr. 
Lott) introduced the following bill; which was read twice and referred 
                to the Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
   To ensure that agencies establish the appropriate procedures for 
assessing whether or not regulation may result in the taking of private 
             property, so as to avoid such where possible.

    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 Act of 
1993''.

SEC. 2. DEFINITIONS.

    As used in this Act:
            (1) The term ``agency'' means all executive branch 
        agencies, including any military department of the United 
        States Government, any United States Government corporation, 
        United States Government controlled corporation, or other 
        establishment in the Executive Branch of the United States 
        Government.
            (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 of the United States.

SEC. 3. PROTECTION OF PRIVATE PROPERTY.

    No regulations promulgated after the date of enactment of this Act 
by any agency shall become effective until the issuing agency is 
certified by the Attorney General to be in compliance with Executive 
Order 12630, as in effect in 1991, the language of which is hereby 
incorporated by reference and enacted into public law, to assess the 
potential for the taking of private property in the course of Federal 
regulatory activity, with the goal of minimizing such where possible.

SEC. 4. JUDICIAL REVIEW.

    (a) Judicial review of actions taken pursuant to this Act shall be 
limited to whether the Attorney General has certified the issuing 
agency as in compliance with Executive Order 12630 or similar 
procedures, such review to be permitted in the same forum and at the 
same time as the issued regulations are otherwise subject to judicial 
review. Only persons adversely affected or grieved by agency action 
shall have standing to challenge that action as contrary to this Act. 
In no event shall such review include any issue for which the United 
States Claims Court has jurisdiction.
    (b) Nothing in this section shall affect any otherwise available 
judicial review of agency action.

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