In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

Input: Consider Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Independent Contractor Tax 
Simplification Act of 1995''.

SEC. 2. FINDINGS.

    The Congress finds that:
            (1) Simplifying the tax rules with respect to independent 
        contractors was the top vote-getter at the 1995 White House 
        Conference on Small Business. Conference delegates recommended 
        that Congress ``should recognize the legitimacy of an 
        independent contractor''. The Conference found that the current 
        common law is ``too subjective'' and called upon the Congress 
        to establish ``realistic and consistent guidelines''.
            (2) It is in the best interests of taxpayers and the 
        Federal Government to have fair and objective rules for 
        determining who is an employee and who is an independent 
        contractor.

SEC. 3. STANDARDS FOR DETERMINING WHETHER INDIVIDUALS ARE NOT 
              EMPLOYEES.

    (a) In General.--Chapter 25 of the Internal Revenue Code of 1986 
(general provisions relating to employment taxes) is amended by adding 
after section 3510 the following new section:

``SEC. 3511. STANDARDS FOR DETERMINING WHETHER INDIVIDUALS ARE NOT 
              EMPLOYEES.

    ``(a) General Rule.--For purposes of this subtitle, and 
notwithstanding any provision of this subtitle to the contrary, if the 
requirements of subsections (b), (c), and (d) are met with respect to 
any service performed by any individual, then with respect to such 
service--
            ``(1) the service provider shall not be treated as an 
        employee,
            ``(2) the service recipient shall not be treated as an 
        employer, and
            ``(3) the payor shall not be treated as an employer.
    ``(b) Service Provider Requirements With Regard to Service 
Recipient.--For the purposes of subsection (a), the requirements of 
this subsection are met if the service provider, in connection with 
performing the service--
            ``(1) has a significant investment in assets and/or 
        training,
            ``(2) incurs significant unreimbursed expenses,
            ``(3) agrees to perform the service for a particular amount 
        of time or to complete a specific result and is liable for 
        damages for early termination without cause,
            ``(4) is paid primarily on a commissioned basis, or
            ``(5) purchases products for resale.
    ``(c) Additional Service Provider Requirements With Regard to 
Others.--For the purposes of subsection (a), the requirements of this 
subsection are met if--
            ``(1) the service provider--
                    ``(A) has a principal place of business,
                    ``(B) does not primarily provide the service in the 
                service recipient's place of business, or
                    ``(C) pays a fair market rent for use of the 
                service recipient's place of business; or
            ``(2) the service provider--
                    ``(A) is not required to perform service 
                exclusively for the service recipient, and
                    ``(B) in the year involved, or in the preceding or 
                subsequent year--
                            ``(i) has performed a significant amount of 
                        service for other persons,
                            ``(ii) has offered to perform service for 
                        other persons through--
                                    ``(I) advertising,
                                    ``(II) individual written or oral 
                                solicitations,
                                    ``(III) listing with registries, 
                                agencies, brokers, and other persons in 
                                the business of providing referrals to 
                                other service recipients, or
                                    ``(IV) other similar activities, or
                            ``(iii) provides service under a business 
                        name which is registered with (or for which a 
                        license has been obtained from) a State, a 
                        political subdivision of a State, or any agency 
                        or instrumentality of 1 or more States or 
                        political subdivisions.
    ``(d) Written Document Requirements.--For purposes of subsection 
(a), the requirements of this subsection are met if the services 
performed by the individual are performed pursuant to a written 
contract between such individual and the person for whom the services 
are performed, or the payor, and such contract provides that the 
individual will not be treated as an employee with respect to such 
services for purposes of this subtitle.
    ``(e) Special Rules.--For purposes of this section--
            ``(1) If for any taxable year any service recipient or 
        payor fails to meet the applicable reporting requirements of 
        sections 6041(a), 6041A(a), or 6051 with respect to a service 
        provider, then, unless such failure is due to reasonable cause 
        and not willful neglect, this section shall not apply in 
        determining whether such service provider shall not be treated 
        as an employee of such service recipient or payor for such 
        year.
            ``(2) If the service provider is performing services 
        through an entity owned in whole or in part by such service 
        provider, then the references to `service provider' in 
        subsections (b) through (d) may include such entity, provided 
        that the written contract referred to in paragraph (1) of 
        subsection (d) may be with either the service provider or such 
        entity and need not be with both.
    ``(f) Definitions.--For the purposes of this section--
            ``(1) Service provider.--The term `service provider' means 
        any individual who performs service for another person.
            ``(2) Service recipient.--Except as provided in paragraph 
        (5), the term `service recipient' means the person for whom the 
        service provider performs such service.
            ``(3) Payor.--Except as provided in paragraph (5), the term 
        `payor' means the person who pays the service provider for the 
        performance of such service in the event that the service 
        recipients do not pay the service provider.
            ``(4) In connection with performing the service.--The term 
        `in connection with performing the service' means in connection 
        or related to--
                    ``(A) the actual service performed by the service 
                provider for the service recipients or for other 
                persons for whom the service provider has performed 
                similar service, or
                    ``(B) the operation of the service provider's trade 
                or business.
            ``(5) Exceptions.--The terms `service recipient' and 
        `payor' do not include any entity which is owned in whole or in 
        part by the service provider.''
    (b) Clerical Amendment.--The table of sections for chapter 25 of 
such Code is amended by adding at the end the following new item:

                              ``Sec. 3511. Standards for determining 
                                        whether individuals are not 
                                        employees.''
    (c) Effective Date.--The amendments made by this Act shall apply to 
services performed after December 31, 1995.

Output: Independent Contractor Tax Simplification Act of 1995 - Amends the Internal Revenue Code to provide that, for purposes of determining the employment status of individuals as employees, a service provider shall not be treated as an employee, a service recipient shall not be treated as an employer, and a payor shall not be treated as an employer if:  (1) a service provider has a significant investment in assets and training, incurs significant unreimbursed expenses, agrees to perform the service for a specified amount of time or to complete a specific result and is responsible for damages for early termination without cause, receives payment primarily on a commission basis, or has purchased resale products; (2) the service provider has a principal place of business, does not primarily provide service in the service recipient's place of business, or pays a fair market rent for use of the recipient's place of business or does not have to perform service only for the service recipient and, in the current year or in the proceeding or subsequent years, has performed or has offered to perform a significant amount of service for other persons; and (3) the services by an individual are performed according to a written contract between the service recipient or payor which provides that the individual will not be treated as an employee.


Input: Consider Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Aviation Employee Screening and 
Security Enhancement Act of 2017''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administration.--The term ``Administration'' means the 
        Transportation Security Administration.
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the Transportation Security Administration.
            (3) Air carrier.--The term ``air carrier'' has the meaning 
        given such term in section 40102 of title 49, United States 
        Code.
            (4) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Homeland Security of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate.
            (5) Foreign air carrier.--The term ``foreign air carrier'' 
        has the meaning given such term in section 40102 of title 49, 
        United States Code.
            (6) Intelligence community.--The term ``intelligence 
        community'' has the meaning given such term in section 3(4) of 
        the National Security Act of 1947 (50 U.S.C. 3003(4)).
            (7) Secured area.--The term ``secured area'' has the 
        meaning given such term in section 1540.5 of title 49, Code of 
        Federal Regulations.
            (8) Security identification display area.--The term 
        ``Security Identification Display Area'' has the meaning given 
        such term in section 1540.5 of title 49, Code of Federal 
        Regulations.
            (9) Sterile area.--The term ``sterile area'' has the 
        meaning given such term in section 1540.5 of title 49, Code of 
        Federal Regulations.

SEC. 3. COST AND FEASIBILITY STUDY.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Administrator, in consultation with the 
Aviation Security Advisory Committee (established under section 44946 
of title 49, United States Code), shall submit to the appropriate 
congressional committees and the Comptroller General of the United 
States a cost and feasibility study of a statistically significant 
number of Category I, II, III, IV, and X airports assessing the impact 
if all employee access points from non-secured areas to secured areas 
of such airports are comprised of the following:
            (1) A secure door utilizing card and pin entry or biometric 
        technology.
            (2) Surveillance video recording, capable of storing video 
        data for at least 30 days.
            (3) Advanced screening technologies, including at least one 
        of the following:
                    (A) Magnetometer (walk-through or hand-held).
                    (B) Explosives detection canines.
                    (C) Explosives trace detection swabbing.
                    (D) Advanced imaging technology.
                    (E) X-ray bag screening technology.
    (b) Contents.--The study required under subsection (a) shall 
include information related to the employee screening costs of those 
category I, II, III, IV, and X airports which have already implemented 
practices of screening 100 percent of employees accessing secured areas 
of airports, including the following:
            (1) Costs associated with establishing an operational 
        minimum number of employee entry and exit points.
            (2) A comparison of estimated costs and effectiveness 
        associated with implementing the security features specified in 
        subsection (a) to--
                    (A) the Federal Government; and
                    (B) airports and the aviation community.
    (c) Comptroller General Assessment.--
            (1) In general.--Upon completion of the study required 
        under subsection (a), the Comptroller General of the United 
        States shall review such study to assess the quality and 
        reliability of such study.
            (2) Assessment.--Not later than 60 days after the receipt 
        of the study required under subsection (a), the Comptroller 
        General of the United States shall report to the Committee on 
        Homeland Security of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate on the results of the review required under paragraph 
        (1).

SEC. 4. AIRPORT WORKER EDUCATION AND SECURITY AWARENESS.

    (a) Cooperative Efforts to Enhance Airport Security Awareness.--Not 
later than 180 days after the date of the enactment of this Act, the 
Administrator shall work with air carriers, foreign air carriers, 
airport operators, labor unions representing credentialed employees, 
and the Aviation Security Advisory Committee to enhance security 
awareness of credentialed airport populations regarding insider threats 
to aviation security and best practices related to airport access 
controls.
    (b) Credentialing Standards.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Administrator shall, in 
        consultation with air carriers, foreign air carriers, airport 
        operators, labor unions representing credentialed employees, 
        and the Aviation Security Advisory Committee, assess 
        credentialing standards, policies, and practices to ensure that 
        insider threats to aviation security are adequately addressed.
            (2) Report.--Not later than 30 days after completion of the 
        assessment required under paragraph (1), the Administrator 
        shall report to the appropriate congressional committees on the 
        results of such assessment.
    (c) SIDA Applications.--
            (1) Social security numbers required.--Not later than 60 
        days after the date of the enactment of this Act, the 
        Administrator shall require airport operators to submit the 
        social security number of an individual applying for a 
        credential granting access to the Security Identification 
        Display Area to strengthen security vetting effectiveness. An 
        applicant who does not provide such applicant's social security 
        number may be denied such a credential.
            (2) Screening notice.--The Administrator shall issue 
        requirements for airport operators to include in applications 
        for access to a Security Identification Display Area a notice 
        informing applicants that an employee holding a credential 
        granting access to a Security Identification Display Area may 
        be screened at any time while gaining access to, working in, or 
        leaving a Security Identification Display Area.

SEC. 5. SECURING AIRPORT WORKER ACCESS.

    (a) In General.--The Administrator shall work with airport 
operators and the Aviation Security Advisory Committee to identify 
advanced technologies, including biometric identification technologies, 
for securing employee access to the secured areas and sterile areas of 
airports.
    (b) Rap Back Vetting.--Not later than 180 days after the date of 
the enactment of this Act, the Administrator shall ensure that all 
credentialed aviation worker populations currently requiring a 
fingerprint-based criminal record history check are continuously vetted 
through the Federal Bureau of Investigation's Rap Back Service, in 
order to more rapidly detect and mitigate insider threats to aviation 
security.
    (c) Insider Threat Education and Mitigation.--Not later than 180 
days after the date of the enactment of this Act, the Administrator 
shall identify means of enhancing the Administration's ability to 
leverage the resources of the Department of Homeland Security and the 
intelligence community to educate Administration personnel on insider 
threats to aviation security and how the Administration can better 
mitigate such insider threats.
    (d) Playbook Operations.--The Administrator shall ensure that 
Administration-led employee physical inspection efforts of aviation 
workers, known as Playbook operations, are targeted, strategic, and 
focused on providing the greatest level of security effectiveness.
    (e) Covert Testing.--
            (1) In general.--The Administrator shall conduct covert 
        testing of Administration-led employee inspection operations at 
        airports and measure existing levels of security effectiveness. 
        The Administrator shall provide--
                    (A) the results of such testing to the airport 
                operator for the airport that is the subject of any 
                such testing, and, as appropriate, to air carriers and 
                foreign air carriers that operate at the airport that 
                is the subject of such testing; and
                    (B) recommendations and technical assistance for 
                air carriers, foreign air carriers, and airport 
                operators to conduct their own employee inspections, as 
                needed.
            (2) Annual reporting.--The Administrator shall annually, 
        for each of fiscal years 2018 through 2022, submit to the 
        appropriate congressional committees a report on the frequency, 
        methodology, strategy, and effectiveness of employee inspection 
        operations at airports.
    (f) Centralized Database.--Not later than 180 days after the date 
of the enactment of this Act, the Administrator, in consultation with 
the Aviation Security Advisory Committee, shall--
            (1) establish a national database of individuals who have 
        had either their airport or airport operator-issued badge 
        revoked for failure to comply with aviation security 
        requirements;
            (2) determine the appropriate reporting mechanisms for air 
        carriers, foreign air carriers, and airport operators to--
                    (A) submit to the Administration data regarding 
                individuals described in paragraph (1); and
                    (B) access the database established pursuant to 
                such paragraph; and
            (3) establish a process to allow individuals whose names 
        were mistakenly entered into such database to correct the 
        record and have their names removed from such database.

SEC. 6. INSIDER THREAT COORDINATION EFFORTS.

    The Department of Homeland Security is the lead interagency 
coordinator pertaining to insider threat investigations and mitigation 
efforts at airports. The Department shall make every practicable effort 
to coordinate with other relevant Government entities, as well as the 
security representatives of air carriers, foreign air carriers, and 
airport operators, as appropriate, when undertaking such investigations 
and efforts.

SEC. 7. INFORMATION TECHNOLOGY SECURITY.

    Not later than 90 days after the date of the enactment of this Act, 
the Administrator shall submit to the appropriate congressional 
committees a plan to conduct recurring reviews of the operational, 
technical, and management security controls for Administration 
information technology systems at airports.

SEC. 8. NO ADDITIONAL FUNDS AUTHORIZED.

    No additional funds are authorized to carry out the requirements of 
this Act. Such requirements shall be carried out using amounts 
otherwise authorized.

            Passed the House of Representatives April 25, 2017.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Output: Aviation Employee Screening and Security Enhancement Act of 2017 (Sec. 3) This bill directs the Transportation Security Administration (TSA) of the Department of Homeland Security (DHS) to conduct, and submit to Congress and the Government Accountability Office (GAO), a cost and feasibility study of a statistically significant number of Category I, II, III, IV, and X airports assessing the impact if all airport employee access points from non-secured to secured airport areas are comprised of the following:  a secure door utilizing card and pin entry or biometric technology; surveillance video recording capable of storing video data for at least 30 days; certain advanced screening technologies, including magnetometers, explosives detection canines, explosives trace detection swabbing, advanced imaging technology, and X-ray bag screening technology; and information related to employee screening costs of such airports that have already implemented practices of screening 100% of employees accessing secured areas.  The GAO shall assess the completed study and report the results to Congress. (Sec. 4) The TSA shall:  work with air carriers, foreign air carriers, airport operators, labor unions representing credentialed airport employees, and the TSA's Aviation Security Advisory Committee to enhance security awareness of credentialed airport workers regarding insider threats to aviation security and best practices related to airport access controls; assess credentialing standards, policies, and practices to ensure that insider threats to aviation security are adequately addressed;  require airport operators to submit the social security number of an individual applying for a credential granting access to the Security Identification Display Area of an airport to strengthen security vetting effectiveness; and issue requirements for airport operators to include in applications for access to such area a notice that an employee holding a credential granting such access may be screened at any time while entering, working in, or leaving the area.  (Sec. 5) The TSA shall also:  work with airport operators and the TSA Advisory Committee to identify advanced technologies for securing employee access to secured and sterile airport areas; ensure that credentialed aviation worker populations currently requiring a fingerprint-based criminal record history check are continuously vetted through the Federal Bureau of Investigation's Rap Back Service to mitigate insider threats; identify ways to enhance TSA's ability to educate its personnel on insider threats to aviation security and on how to mitigate such threats; ensure that TSA employee physical inspection efforts of aviation workers (Playbook operations) are focused on providing the greatest level of security effectiveness; conduct covert testing of TSA employee screening operations at airports;  report on the frequency, methodology, strategy, and effectiveness of employee inspection operations at airports; and establish a national database of individuals who have had either their airport or aircraft operator-issued badge revoked for failure to comply with aviation security requirements, as well a process to allow individuals whose names were mistakenly entered into such database to correct the record and have their names removed from it.  (Sec. 6) The DHS is the lead interagency coordinator to insider threat investigations and mitigation efforts at airports. (Sec. 7) The TSA shall submit a plan to conduct recurring reviews of the operational security controls for TSA information technology systems at airports.


Input: Consider Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Citizens Access to Justice Act of 
1997''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) property rights have been abrogated by the application 
        of laws, regulations, and other actions by all levels of 
        government that adversely affect the value and the ability to 
        make reasonable use of private property;
            (2) certain provisions of sections 1346 and 1402 and 
        chapter 91 of title 28, United States Code (commonly known as 
        the Tucker Act), that delineate the jurisdiction of courts 
        hearing property rights claims, frustrate the ability of a 
        property owner to obtain full relief for violation founded upon 
        the fifth and fourteenth amendments of the United States 
        Constitution;
            (3) current law--
                    (A) has no sound basis for splitting jurisdiction 
                between two courts in cases where constitutionally 
                protected property rights are at stake;
                    (B) adds to the complexity and cost of takings and 
                litigation, adversely affecting taxpayers and property 
                owners;
                    (C) forces a property owner, who seeks just 
                compensation from the Federal Government, to elect 
                between equitable relief in the district court and 
                monetary relief (the value of the property taken) in 
                the United States Court of Federal Claims;
                    (D) is used to urge dismissal in the district court 
                in complaints against the Federal Government, on the 
                ground that the plaintiff should seek just compensation 
                in the Court of Federal Claims;
                    (E) is used to urge dismissal in the Court of 
                Federal Claims in complaints against the Federal 
                Government, on the ground that the plaintiff should 
                seek equitable relief in district court; and
                    (F) forces a property owner to first pay to 
                litigate an action in a State court, before a Federal 
                judge can decide whether local government has denied 
                property rights safeguarded by the United States 
                Constitution;
            (4) property owners cannot fully vindicate property rights 
        in one lawsuit and their claims may be time barred in a 
        subsequent action;
            (5) property owners should be able to fully recover for a 
        taking of their private property in one court;
            (6) certain provisions of section 1346 and 1402 and chapter 
        91 of title 28, United States Code (commonly known as the 
        Tucker Act) should be amended, giving both the district courts 
        of the United States and the Court of Federal Claims 
        jurisdiction to hear all claims relating to property rights in 
        complaints against the Federal Government;
            (7) section 1500 of title 28, United States Code, which 
        denies the Court of Federal Claims jurisdiction to entertain a 
        suit which is pending in another court and made by the same 
        plaintiff, should be repealed;
            (8) Federal and local authorities, through complex, costly, 
        repetitive and unconstitutional permitting, variance, and 
        licensing procedures, have denied property owners their fifth 
        and fourteenth amendment rights under the United States 
        Constitution to the use, enjoyment, and disposition of, and 
        exclusion of others from, their property, and to 
safeguard those rights, there is a need to determine what constitutes a 
final decision of an agency in order to allow claimants the ability to 
protect their property rights in a court of law;
            (9) a Federal judge should decide the merits of cases where 
        a property owner seeks redress solely for infringements of 
        rights safeguarded by the United States Constitution, and where 
        no claim of a violation of State law is alleged; and
            (10) certain provisions of sections 1343, 1346, and 1491 of 
        title 28, United States Code, should be amended to clarify when 
        a claim for redress of constitutionally protected property 
        rights is sufficiently ripe so a Federal judge may decide the 
        merits of the allegations.

SEC. 3. PURPOSES.

    The purposes of this Act are to--
            (1) establish a clear, uniform, and efficient judicial 
        process whereby aggrieved property owners can obtain 
        vindication of property rights guaranteed by the fifth and 
        fourteenth amendments to the United States Constitution and 
        this Act;
            (2) amend the Tucker Act, including the repeal of section 
        1500 of title 28, United States Code;
            (3) rectify the unduly onerous and expensive requirement 
        that a property owner, seeking redress under section 1979 of 
        the Revised Statutes of the United States (42 U.S.C. 1983) for 
        the infringement of property rights protected by the fifth and 
        fourteenth amendments of the United States Constitution, is 
        required to first litigate Federal constitutional issues in a 
        State court before obtaining access to the Federal courts; and
            (4) provide for uniformity in the application of the 
        ripeness doctrine in cases where constitutionally protected 
        property rights are allegedly infringed, by providing that a 
        final agency decision may be adjudicated by a Federal court on 
        the merits after--
                    (A) the pertinent government body denies a 
                meaningful application to develop the land in question; 
                and
                    (B) the property owner seeks a waiver by or brings 
                an appeal to an administrative agency from such denial.

SEC. 4. DEFINITIONS.

    In this Act, the term--
            (1) ``agency action'' means any action, inaction, or 
        decision taken by a Federal agency or other government agency 
        that at the time of such action, inaction, or decision 
        adversely affects private property rights;
            (2) ``district court''--
                    (A) means a district court of the United States 
                with appropriate jurisdiction; and
                    (B) includes the United States District Court of 
                Guam, the United States District Court of the Virgin 
                Islands, or the District Court for the Northern Mariana 
                Islands;
            (3) ``Federal agency'' means a department, agency, 
        independent agency, or instrumentality of the United States, 
        including any military department, Government corporation, 
        Government-controlled corporation, or other establishment in 
        the executive branch of the United States Government;
            (4) ``owner'' means the owner or possessor of property or 
        rights in property at the time the taking occurs, including 
        when--
                    (A) the statute, regulation, rule, order, 
                guideline, policy, or action is passed or promulgated; 
                or
                    (B) the permit, license, authorization, or 
                governmental permission is denied or suspended;
            (5) ``private property'' or ``property'' means all 
        interests constituting property, as defined by Federal or State 
        law, protected under the fifth and fourteenth amendments to the 
        United States Constitution; and
            (6) ``taking of private property'', ``taking'', or ``take'' 
        means any action whereby restricting the ownership, 
        alienability, possession, or use of private property is an 
        object of that action and is taken so as to require 
        compensation under the fifth amendment to the United States 
        Constitution, including by physical invasion, regulation, 
        exaction, condition, or other means.

SEC. 5. PRIVATE PROPERTY ACTIONS.

    (a) In General.--An owner may file a civil action under this 
section to challenge the validity of any Federal agency action that 
adversely affects the owner's interest in private property in a 
district court or the United States Court of Federal Claims.
    (b) Concurrent Jurisdiction.--Notwithstanding any other provision 
of law and notwithstanding the issues involved, the relief sought, or 
the amount in controversy, the district court and the United States 
Court of Federal Claims shall each have concurrent jurisdiction over 
both claims for monetary relief and claims seeking invalidation of any 
Act of Congress or any regulation of a Federal agency affecting private 
property rights.
    (c) Election.--The plaintiff may elect to file an action under this 
section in a district court or the United States Court of Federal 
Claims.
    (d) Waiver of Sovereign Immunity.--This section constitutes express 
waiver of the sovereign immunity of the United States with respect to 
an action filed under this section.

SEC. 6. STANDING AND EXHAUSTION OF REMEDIES.

    (a) In General.--Subject to subsection (b), any person adversely 
affected by a Federal agency action shall have standing to challenge 
and seek judicial review of that action without first exhausting 
administrative remedies.
    (b) Adjudication.--
            (1) In general.--Any civil action filed under section 5 
        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) Final decision.--
                    (A) In general.--For purposes of this subsection, a 
                final decision exists if--
                            (i) the United States, acting under Federal 
                        statute or regulation, makes a definitive 
                        decision regarding the extent of permissible 
                        land uses on the property that has allegedly 
                        been infringed or taken, without regard to any 
                        uses that may be permitted elsewhere; and
                            (ii)(I) one meaningful application to use 
                        the property has been submitted for a final 
                        decision but is denied; and
                            (II) if the pertinent Federal statute or 
                        regulation provides for a right of appeal to or 
                        waiver by the pertinent Federal agency from the 
                        final decision regarding such property, the 
                        party seeking redress has brought 1 appeal or 
                        sought 1 waiver from such a final decision.
                    (B) Appeal or waiver.--For purposes of subparagraph 
                (A)(ii), the party seeking redress shall not be 
                required to apply for such an appeal or waiver if--
                            (i) no such process is available;
                            (ii) it cannot provide the relief 
                        requested; or
                            (iii) the prospects for success are 
                        reasonably unlikely and intervention by the 
                        district court or the United States Court of 
                        Federal Claims under this section is warranted 
                        to decide the merits.

SEC. 7. APPEALS.

    The United States Court of Appeals for the Federal Circuit shall 
have exclusive jurisdiction of any action filed under section 5, 
regardless of whether the jurisdiction of such action is based in whole 
or part under such section.

SEC. 8. JURISDICTION OF UNITED STATES COURT OF FEDERAL CLAIMS AND 
              UNITED STATES DISTRICT COURTS.

    (a) United States Court of Federal Claims.--
            (1) Jurisdiction.--Section 1491(a) of title 28, United 
        States Code, is amended--
                    (A) in paragraph (1) by amending the first sentence 
                to read as follows: ``The United States Court of 
                Federal Claims shall have jurisdiction to render 
                judgment upon any claim against the United States for 
                monetary relief founded either upon the Constitution or 
                any Act of Congress or any regulation of an executive 
                department or upon any express or implied contract with 
                the United States, in cases not sounding in tort, or 
                for invalidation of any Act of Congress or any 
                regulation of an executive department under section 5 
                of the Citizens Access to Justice Act of 1997.'';
                    (B) in paragraph (2) by inserting before the first 
                sentence the following: ``In any case within its 
                jurisdiction, the Court of Federal Claims shall have 
                the power to grant injunctive and declaratory relief 
                when appropriate.''; and
                    (C) by adding at the end the following new 
                paragraphs:
            ``(3) In cases otherwise within its jurisdiction, the Court 
        of Federal Claims shall also have supplemental jurisdiction, 
        concurrent with the courts designated under section 1346(b), to 
        render judgment upon any related tort claim authorized under 
        section 2674.
            ``(4) In proceedings within the jurisdiction of the Court 
        of Federal Claims which constitute judicial review of agency 
        action (rather than de novo proceedings), the provisions of 
        section 706 of title 5 shall apply.''.
            (2) Pendency of claims in other courts.--
                    (A) In general.--Section 1500 of title 28, United 
                States Code is repealed.
                    (B) Technical and conforming amendment.--The table 
                of sections for chapter 91 of title 28, United States 
                Code, is amended by striking out the item relating to 
                section 1500.
    (b) District Court Jurisdiction.--Section 1346(a) of title 28, 
United States Code, is amended by adding after paragraph (2) the 
following:
            ``(3) Any civil action filed under section 5 of the 
        Citizens Access to Justice Act of 1997.''.
    (c) District Court Civil Rights Jurisdiction; Abstention.--Section 
1343 of title 28, United States Code, is amended--
            (1) by redesignating subsection (b) as subsection (e); and
            (2) by inserting after subsection (a) the following new 
        subsections:
    ``(b)(1) Any claim or action brought under section 1979 of the 
Revised Statutes (42 U.S.C. 1983) to redress the deprivation of a 
property right or privilege secured by the Constitution shall be ripe 
for adjudication by the district courts upon a final decision by any 
person acting under color of any statute, ordinance, regulation, 
custom, or usage of any State or territory of the United States, that 
causes actual and concrete injury to the party seeking redress.
    ``(2)(A) For purposes of this subsection, a final decision exists 
if--
            ``(i) any person acting under color of any statute, 
        ordinance, regulation, custom, or usage, of any State or 
        territory of 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
            ``(ii)(I) one meaningful application to use the property 
        has been submitted but is denied; and
            ``(II) if the applicable statute, ordinance, regulation, 
        custom, or usage provides for a right of appeal to or waiver by 
        an administrative agency from the final decision regarding the 
        property, the party seeking redress has brought 1 appeal or 
        sought 1 waiver from such a final decision.
    ``(B) For purposes of subparagraph (A)(ii), the party seeking 
redress shall not be required to apply for such an appeal or waiver 
if--
            ``(i) no such process is available;
            ``(ii) it cannot provide the relief requested; or
            ``(iii) the prospects of success are reasonably unlikely 
        and intervention by the United States District Court is 
        warranted to decide the merits.
    ``(C) For purposes of this subsection, a `final decision' for a 
ripe claim under section 1979 of the Revised Statutes (42 U.S.C. 1983) 
shall not require the party seeking redress to exhaust judicial 
remedies provided by any State or Territory.
    ``(c) Whenever a district court exercises jurisdiction under 
subsection (a), in an action where the operative facts concern the uses 
of real property, it shall not abstain from exercising or relinquish 
its jurisdiction to a State court in an action where no claim of a 
violation of a State law, right, or privilege is alleged, and where a 
parallel proceeding in State court arising out of the same operative 
facts as the district court proceeding is not pending.
    ``(d) Where the district court has jurisdiction over an action 
under subsection (a), where the operative facts concern the uses of 
real property, that cannot be decided without resolution of a 
significant but unsettled question of State law, the district court may 
certify the question of State law to the highest appellate court of 
that State. After the State appellate court resolves the question 
certified to it, the district court shall proceed with resolving the 
merits. The district court shall not certify a question of State law 
under this subsection unless the question of State law--
            ``(1) will significantly affect the merits of the injured 
        party's Federal claim; and
            ``(2) is so unclear and obviously susceptible to a limiting 
        construction as to render premature a decision on the merits of 
        the constitutional or legal issue in the case.''.

SEC. 9. STATUTE OF LIMITATIONS.

    The statute of limitations for any action filed under section 5 
shall be 6 years from the date of the taking of private property.

SEC. 10. ATTORNEY'S FEES AND COSTS.

    The court, in issuing any final order in any action filed under 
section 5, shall award costs of litigation (including reasonable 
attorney and expert witness fees) to any prevailing plaintiff.

SEC. 11. RULES OF CONSTRUCTION.

    Nothing in this Act shall be construed to interfere with the 
authority of any State to create additional property rights.

SEC. 12. EFFECTIVE DATE.

    This Act shall take effect on the date of enactment of this Act and 
shall apply to any agency action that occurs on or after such date.


Output: Citizens Access to Justice Act of 1997 - Authorizes a property owner to file a civil action to challenge the validity of any Federal agency action that adversely affects the owner's interest in private property in a district court or the United States Court of Federal Claims (claims court). 
(Sec. 5) Grants the district court and the claims court concurrent jurisdiction over both claims for monetary relief and claims seeking invalidation of any Act of Congress or any regulation of a Federal agency affecting private property rights.  Authorizes the plaintiff to elect to file an action under this section in a district court or the claims court.  Waives sovereign immunity of the United States regarding such an action. 
(Sec. 6) Grants:  (1) any person adversely affected by a Federal agency action standing to challenge and seek judicial review of that action without first exhausting administrative remedies, subject to specified limitations; and (2) the United States Court of Appeals for the Federal Circuit exclusive jurisdiction of any action filed under this Act. 
(Sec. 8) Modifies Federal judicial code provisions to grant the claims court jurisdiction to render judgment upon certain claims against the United States for monetary relief and for invalidation of any Act of Congress or regulation of an executive department under this Act.  Grants the claims court the power to grant injunctive and declaratory relief in any case within its jurisdiction. 
Repeals a provision limiting the claims court's jurisdiction with respect to the pendency of claims in other courts.  Expands the district court's jurisdiction to include concurrent jurisdiction over civil actions filed under this Act. 
Specifies that any claim or action brought to redress the deprivation of a property right or privilege secured by the Constitution shall be ripe for adjudication by the district courts upon a final decision by any person acting under color of any statute, ordinance, regulation, custom, or usage of any U.S. State or territory that causes actual and concrete injury to the party seeking redress. 
Sets forth provisions regarding final decisions, related State proceedings, and certification of questions of State law. 
(Sec. 9) Sets a statute of limitations for actions filed under this Act of six years from the date of the taking of private property. 
(Sec. 10) Directs the court, in issuing a final order in any action filed under this Act, to award litigation costs, including reasonable attorney and expert witness fees, to any prevailing plaintiff.