[Congressional Record (Bound Edition), Volume 146 (2000), Part 2]
[House]
[Page 2883]
[From the U.S. Government Publishing Office, www.gpo.gov]



                               AMENDMENTS

  Under clause 8 of rule XVIII, proposed amendments were submitted as 
follows:

                               H.R. 2372

                        Offered by: Mr. Boehlert

               (Amendment in the Nature of a Substitute)

       Amendment No. 1: 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.

                               H.R. 3843

                       Offered By: Mr. Traficant

       Amendment No. 1: At the end of the bill, add the following 
     new section:

     SEC. 4. LOAN APPLICATION PROCESSING.

       (a) Study.--
       (1) In general.--The Administrator of the Small Business 
     Administration shall conduct a study to determine the average 
     time that the Administration requires to process an 
     application for each type of loan or loan guarantee made 
     under the Small Business Act (15 U.S.C. 631 et seq.).
       (2) Transmittal.--Not later than 1 year after the date of 
     enactment of this section, the Administrator shall transmit 
     to Congress the results of the study conducted under 
     paragraph (1).