the relief requested, or if pursuit of such a mechanism would 
otherwise be futile.’’. 
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 Constitu-
tion, 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 de-
nied one waiver and one appeal, if the applica-
ble statute, ordinance, regulation, custom, or 
usage provides a mechanism for waiver by or ap-
peal to an administrative agency. 
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The party seeking redress shall not be required to 
apply for a waiver or appeal described in subpara-
graph (B) if such waiver or appeal is unavailable or 
can not provide the relief requested, or if pursuit of 
such a mechanism would otherwise be futile.’’. 
SEC. 5. CLARIFICATION FOR CERTAIN CONSTITUTIONAL 
PROPERTY RIGHTS CLAIMS. 
Section 1979 of the Revised Statutes of the United 
States (42 U.S.C. 1983) is amended by adding at the end 
the following: ‘‘If the party injured seeks to redress the dep-
rivation of a property right or privilege under this section 
that is secured by the Constitution by asserting a claim that 
concerns— 
‘‘(1) an approval to develop real property that is 
subject to conditions or exactions, then the person act-
ing under color of State law is liable if any such con-
dition or exaction, whether legislative or adjudicatory 
in nature, including but not limited to the payment 
of a monetary fee or a dedication of real property 
from the injured party, is unconstitutional; 
‘‘(2) a subdivision of real property pursuant to 
any statute, ordinance, regulation, custom, or usage 
of any State or territory, or the District of Columbia, 
then such a claim shall be decided with reference to 
each subdivided lot, regardless of ownership, if such a 
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lot is taxed, or is otherwise treated and recognized, as 
an individual property unit by the State, territory, 
or the District of Columbia; or 
‘‘(3) alleged deprivation of substantive due proc-
ess, then the action of the person acting under color 
of State law shall be judged as to whether it is arbi-
trary, capricious, an abuse of discretion, or otherwise 
not in accordance with law. 
For purposes of the preceding sentence, ‘State law’ includes 
any law of the District of Columbia or of any territory of 
the United States.’’. 
SEC. 6. CLARIFICATION FOR CERTAIN CONSTITUTIONAL 
PROPERTY RIGHTS CLAIMS AGAINST THE 
UNITED STATES. 
(a) DISTRICT COURT JURISDICTION.—Section 1346 of 
title 28, United States Code, is amended by adding at the 
end the following: 
‘‘(i) If a claim brought under subsection (a) is founded 
upon a property right or privilege secured by the Constitu-
tion that concerns— 
‘‘(1) an approval from an executive agency to 
permit or authorize uses of real property that is sub-
ject to conditions or exactions, then the United States 
is liable if any such condition or exaction, whether 
legislative or adjudicatory in nature, including but 
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not limited to the payment of a monetary fee or a 
dedication of real property from the injured party, is 
unconstitutional; 
‘‘(2) a subdivision of real property pursuant to 
any statute, ordinance, regulation, custom, or usage 
of any State or territory, or the District of Columbia, 
then such a claim against an executive agency shall 
be decided with reference to each subdivided lot, re-
gardless of ownership, if such a lot is taxed, or is oth-
erwise treated and recognized, as an individual prop-
erty unit by the State or territory, or the District of 
Columbia, as the case may be; or 
‘‘(3) an alleged deprivation of substantive due 
process, then the United States shall be judged as to 
whether its action is arbitrary, capricious, an abuse 
of discretion, or otherwise not in accordance with law. 
In this subsection, the term ‘executive agency’ has the mean-
ing given that term in section 105 of title 5.’’. 
(b) COURT OF FEDERAL CLAIMS JURISDICTION.—Sec-
tion 1491 of title 28, United States Code, is amended by 
adding at the end the following: 
‘‘(4) If a claim brought under subsection (a) is founded 
upon a property right or privilege secured by the Constitu-
tion that concerns— 
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‘‘(A) an approval from an executive agency to 
permit or authorize uses of real property that is sub-
ject to conditions or exactions, then the United States 
is liable if any such condition or exaction, whether 
legislative or adjudicatory in nature, including but 
not limited to the payment of a monetary fee or a 
dedication of real property from the injured party, is 
unconstitutional; 
‘‘(B) a subdivision of real property pursuant to 
any statute, ordinance, regulation, custom, or usage 
of any State or territory, or the District of Columbia, 
then such a claim against an executive agency shall 
be decided with reference to each subdivided lot, re-
gardless of ownership, if such a lot is taxed, or is oth-
erwise treated and recognized, as an individual prop-
erty unit by the State, or territory, or the District of 
Columbia, as the case may be; or 
‘‘(C) an alleged deprivation of substantive due 
process, then the United States shall be judged as to 
whether its action is arbitrary, capricious, an abuse 
of discretion, or otherwise not in accordance with law. 
In this paragraph, the term ‘executive agency’ has the 
meaning given that term in section 105 of title 5.’’. 
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SEC. 7. DUTY OF NOTICE TO OWNERS. 
(a) IN GENERAL.—Whenever a Federal agency takes 
an agency action limiting the use of private property that 
may be affected by the amendments by this Act, the agency 
shall, not later than 30 days after the agency takes that 
action, give notice to the owners of that property explaining 
their rights under such amendments and the procedures for 
obtaining any compensation that may be due them under 
such amendments. 
(b) DEFINITIONS.—For purposes of subsection (a)— 
(1) the term ‘‘Federal agency’’ means ‘‘agency’’, 
as that term is defined in section 552(f) of title 5, 
United States Code; and 
(2) the term ‘‘agency action’’ has the meaning 
given that term in section 551 of title 5, United 
States Code. 
SEC. 8. SEVERABILITY AND EFFECTIVE DATE. 
(a) SEVERABILITY.—If any provision of this Act or the 
amendments made by this Act or the application thereof 
to any person or circumstance is held invalid, the remain-
der of this Act, the amendments made by this Act, or the 
application thereof to other persons not similarly situated 
or to other circumstances shall not be affected by such in-
validation. 
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(b) EFFECTIVE DATE.—The amendments made by this 
Act shall apply to actions commenced on or after the date 
of the enactment of this Act. 
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Union Calendar No. 391 
109TH CONGRESS 
2D SESSION 
H. R. 4772 
[Report No. 109–658] 
A BILL 
To simplify and expedite access to the Federal 
courts for injured parties whose rights and privi-
leges under the United States Constitution have 
been deprived by final actions of Federal agen-
cies or other government officials or entities act-
ing under color of State law, and for other pur-
poses. 
SEPTEMBER 14, 2006 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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