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 ''Invest in Energy Security Act''.

SEC. 2. STRATEGIC PETROLEUM RESERVE.

(a) Petroleum Acquisition for the Strategic Petroleum Reserve.--
Section 301(e)(1) of the Energy Policy Act of 2005 (42 U.S.C. 6240
note) is amended to read as follows:
''(1) In general.--The Secretary shall, as expeditiously as
practical, without incurring excessive cost or appreciably
affecting the price of petroleum products to consumers, acquire
petroleum in quantities sufficient to fill the available
capacity of the Strategic Petroleum Reserve, subject to the
following limitations:
''(A) Suspension of royalty-in-kind transfers to
the strategic petroleum reserve.--No later than
September 30, 2008, the Secretary shall sell 13,000,000
barrels of petroleum received under the royalty-in-kind
program. Beginning October 1, 2008, the Secretary shall
suspend acquisition of petroleum for the Strategic
Petroleum Reserve under the Royalty-In-Kind program,
subject to resumption as provided in subparagraph (B).
''(B) Resumption of petroleum acquisition for the
strategic petroleum reserve.--The Secretary may resume
acquisition of petroleum for the Strategic Petroleum
Reserve 30 days after notification to Congress that--
''(i)(I) the Secretary projects that the
United States will fall short of its
commitments under the International Energy
Program within a period of 24 months from the
date of the projection; or
''(II) the weighted average price of
petroleum for the most recent 90 day period is
at least 25 percent less than the 24-month
historical average price; and
''(ii) that resumption of Strategic
Petroleum Reserve fill will not have an
appreciable effect on the price of petroleum
products to consumers within the following 12-
month period after the resumption of
acquisition.
''(C) Future suspension of strategic petroleum
reserve petroleum acquisition.--During any period in
which the Secretary is acquiring petroleum for the
Strategic Petroleum Reserve, the Secretary shall
suspend acquisition activities if--
''(i) the monthly weighted average price of
petroleum increases by more than 20 percent
over any period of 6 months or less; or
''(ii) the Secretary determines that
continued Strategic Petroleum Reserve fill may
have an appreciable impact on prices of
petroleum products in future months.''.
(b) Revised Procedures.--No later than 60 days after the date of
the enactment of this section, the Secretary shall publish revised
procedures under section 301(e)(2) of the Energy Policy Act of 2005
consistent with the provisions contained in the amendment made by
subsection (a).

SEC. 3. ENERGY INDEPENDENCE AND SECURITY FUND.

(a) Establishment.--There is hereby established in the Treasury of
the United States the ''Energy Independence and Security Fund''
(hereinafter in this section referred to as ''the Fund'').
(b) Administration.--The Secretary of Energy shall be responsible
for administering the Fund for the purpose of carrying out this
section.
(c) Deposits.--All proceeds from sales of petroleum from the
Strategic Petroleum Reserve, as authorized in section 301(e)(1) of the
Energy Policy Act of 2005 (as amended by section 2 of this Act), after
deduction of the direct administrative costs associated with such
sales, shall be deposited in the Fund.
(d) Distribution of Funds.--The Secretary shall make available for
obligation, without further appropriation and without fiscal year
limitation, the following amounts from the Fund:
(1) Advanced research projects agency--energy.--For fiscal
year 2008, the Secretary shall transfer $100,000,000 to the
''Energy Transformation Acceleration Fund'', as authorized in
section 5012(m) of the America COMPETES Act (42 U.S.C.
16538(m)), to remain available until expended. Of the funds
transferred, the Secretary shall further allocate the amounts
made available for obligation as follows:
(A) $50,000,000 shall be available for university-
based research projects.
(B) $10,000,000 shall be available for program
direction expenses.
(2) Rural wind energy.--For fiscal year 2008, the Secretary
shall transfer $15,000,000 to the account ''Energy Efficiency
and Renewable Energy'', to remain available until expended, for
necessary expenses for a program to support the development of
infrastructure necessary for deployment of wind energy systems
in rural areas, as authorized in section 931(f)(1) of the
Energy Policy Act of 2005 (42 U.S.C. 16231(f)(1)).
(3) Solar energy research and development.--For fiscal year
2008, the Secretary shall transfer $30,000,000 to the account
''Energy Efficiency and Renewable Energy'', to remain available
until expended, for necessary expenses for a program to
accelerate the research, development, demonstration, and
deployment of solar energy technologies, as authorized by
section 931(a)(2)(A) of the Energy Policy Act of 2005 (42
U.S.C. 16231(a)(2)(A)).
(4) Low income weatherization.--For fiscal year 2008, the
Secretary shall transfer $100,000,000 to the account
''Weatherization Assistance Program'', to remain available
until expended, for necessary expenses for a program to
weatherize low income housing, as authorized by section 411 of
the Energy Independence and Security Act of 2007 (Public Law
110-140).
(5) Marine and hydrokinetic renewable electric energy.--For
fiscal year 2008, the Secretary shall transfer $30,000,000 to
the account ''Energy Efficiency and Renewable Energy'', to
remain available until expended, for necessary expenses for a
program to accelerate the research, development, demonstration,
and deployment of ocean and wave energy, including hydrokinetic
renewable energy, as authorized by section 931 of the Energy
Policy Act of 2005 (42 U.S.C. 16231) and section 636 of the
Energy Independence and Security Act of 2007 (Public Law 110-
140).
(6) Industrial energy efficiency research and
development.--For fiscal year 2008, the Secretary shall
transfer $110,000,000 to the account ''Energy Efficiency and
Renewable Energy'', to remain available until expended, for
necessary expenses for a program to accelerate the research,
development, demonstration, and deployment of new technologies
to improve the energy efficiency and reduce greenhouse gas
emissions from industrial processes, as authorized in section
911(a)(2)(C) of the Energy Policy Act of 2005 (42 U.S.C.
16191(a)(2)(C)) and in section 452 of the Energy Independence
and Security Act of 2007 (Public Law 110-140).
(7) Building energy efficiency research and development.--
For fiscal year 2008, the Secretary shall transfer $70,000,000
to the account ''Energy Efficiency and Renewable Energy'', to
remain available until expended, for necessary expenses for a
program to accelerate the research, development, demonstration,
and deployment of new technologies to improve the energy
efficiency and reduce greenhouse gas emissions from buildings,
as authorized in section 422 of the Energy Independence and
Security Act of 2007 (Public Law 110-140).
(8) Energy storage for transportation and electric power
applications.--For fiscal year 2008, the Secretary shall
transfer $30,000,000 to the account ''Energy Efficiency and
Renewable Energy'', to remain available until expended, for
necessary expenses for a program to accelerate the research,
development, demonstration, and deployment of new materials for
improving the energy efficiency of transportation, electric
power and other technologies, as authorized by section 641 of
the Energy Independence and Security Act of 2007 (Public Law
110-140).
(9) Geothermal energy development.--(A) For fiscal year
2008, the Secretary shall transfer $30,000,000 to the account
''Energy Efficiency and Renewable Energy'', to remain available
until expended, for necessary expenses for a program for
geothermal research and development activities to be managed by
the National Renewable Energy Laboratory, as authorized by
section 931(a)(2)(C) of the Energy Policy Act of 2005 (42
U.S.C. 16231(a)(2)(C)); and
(B) For fiscal year 2008, the Secretary shall transfer
$30,000,000 to the account ''Fossil Energy Research and
Development'', to remain available until expended, for
necessary expenses for a program of advanced geothermal
drilling and resource characterization to be managed by the
National Energy Technology Laboratory.
(10) Carbon capture and storage.--For fiscal year 2008, the
Secretary shall transfer $385,000,000 to the account ''Fossil
Energy Research and Development'', to remain available until
expended, for necessary expenses for a program of demonstration
projects of carbon capture and storage, as authorized by
sections 702 and 703 of the Energy Independence and Security
Act of 2007 (Public Law 110-140). Notwithstanding any other
provision of law, one of the demonstration projects shall be a
component of the FutureGen project.
(11) Nonconventional domestic natural gas and petroleum
production and environmental research.--
(A) For fiscal year 2008, the Secretary shall
transfer $50,000,000 to the ''Ultra-Deepwater and
Unconventional Natural Gas and Other Petroleum Research
Fund'', to remain available until expended, as
authorized by section 999H(e) of the Energy Policy Act
of 2005 (42 U.S.C. 16378(e)).
(B) For fiscal year 2008, the Secretary shall
transfer $15,000,000 to the account ''Fossil Energy
Research and Development'', to remain available until
expended, for necessary expenses for a program of
environmental research in support of small producers of
domestic petroleum and natural gas, for regulatory
analysis and for support for the stripper well
consortium.
(12) Hydrogen research and development.--For fiscal year
2008, the Secretary shall transfer $5,000,000 to the account
''Energy Efficiency and Renewable Energy'', to remain available
until expended, for necessary expenses for the Department's H-
Prize Program, as authorized by section 654 of the Energy
Independence and Security Act of 2007 (Public Law 110-140).
(e) Amendments.--(1) Section 999F of the Energy Policy Act of 2005
(42 U.S.C. 16376) is amended by striking ''2014'' and inserting
''2017''.
(2) Section 999B(e) of that Act (42 U.S.C.16372(e)) is amended by
striking paragraph (3) and inserting the following:
''(3) Publication.--The Secretary shall publish in the
Federal Register the annual plan, along with any written
comments received under paragraph (2)(A) and (B).''.
(3) Section 999H(b) of that Act (42 U.S.C.16378(b)) is amended by
inserting '', and shall be exempt from subchapter II of chapter 15 of
title 31, United States Code'' after ''available until expended''.
(f) Transfer Procedures.--The Secretary shall make an initial
transfer from the Fund no later than 30 days after the initial deposit
of monies into the Fund. The Secretary shall make additional transfers
no later than 30 days after subsequent deposits, until the full amounts
authorized for fiscal 2008 have been transferred. To the extent that
any transfer in fiscal 2008 is less than the authorized total, the
transfers shall be made on a pro rata basis.
(g) Management and Oversight.--
(1) Additionality of fiscal year 2008 transfers.--All
amounts transferred under subsection (d)(1) shall be in
addition to, and shall not be substituted for, any funds
appropriated for the same or similar purposes in the
Consolidated Appropriations Act, 2008.
(2) Program plans and performance measures.--The Secretary
shall prepare and publish in the Federal Register a plan for
the proposed use of all funds authorized in subsection (d). The
plan also shall identify how the use of these funds will be
additive to, and not displace annual appropriations. The plans
also shall identify performance measures to assess the
additional benefits that may be realized from the application
of the additional funding provided under this section. The
initial plan shall be published in the Federal Register within
90 days from enactment of this section, and shall be updated
annually and submitted to Congress together with the
President's budget.
(3) Congressional oversight and review.--Nothing in this
section shall limit or restrict the review and oversight of
program plans by the appropriate committees of Congress.
Nothing in this section shall limit or restrict the authority
of Congress to set alternative spending limitations in annual
appropriations Acts.
(4) Apportionment.--All transactions of the Fund shall be
exempt from apportionment under the provisions of subchapter II
of chapter 15 of title 31, United States Code.
(5) Use of other transactions authority.--(A) Any
solicitation for research, development, or demonstration
project proposals to be funded under this section shall provide
for and encourage the use of Other Transactions Authority,
including Technology Investment Agreements as authorized by
section 646(g) of the Department of Energy Organization Act (42
U.S.C. 7256) and Part 603 of the Department of Energy
Acquisition Regulation.
(B) Any solicitation for a commercial demonstration project
under this section shall require the use of Other Transactions
Authority, including Technology Investment Agreements, as
authorized by section 646(g) of the Department of Energy
Organization Act (42 U.S.C. 7256) and Part 603 of the
Department of Energy Acquisition Regulation.

Output: Invest in Energy Security Act - Amends the Energy Policy Act of 2005 governing petroleum acquisition for the Strategic Petroleum Reserve (SPR) to direct the Secretary of Energy to: (1) sell specified quantities of petroleum received under the royalty-in-kind program; and (2) suspend petroleum acquisition for the SPR under such program.

Authorizes the Secretary to resume such acquisition upon notifying Congress that specified circumstances exist, and to suspend acquisition again if certain other circumstances arise.

Establishes the Energy Independence and Security Fund to receive all proceeds from sales of SPR petroleum.

Allocates amounts from such Fund for: (1) the Energy Transformation Acceleration Fund for university-based research projects and program direction expenses; (2) Energy Efficiency and Renewable Energy account for rural wind energy systems; (3) solar energy technologies; (4) weatherization assistance for low-income housing; (5) ocean and wave energy, including hydrokinetic renewable energy; (6) technologies to improve the energy efficiency and reduce greenhouse gas emissions from industrial processes and from buildings; (7) improvements to the energy efficiency of transportation and electric power; (8) geothermal research and development managed by the National Renewable Energy Laboratory; (9) advanced geothermal drilling and resource characterization managed by National Energy Technology Laboratory; (10) carbon capture and storage; (11) Ultra-Deepwater and Unconventional Natural Gas and Other Petroleum Research Fund; (12) environmental research in support of small producers of domestic petroleum and natural gas, for regulatory analysis and for support for the stripper well consortium; and (13) the H-Prize Program of the Department of Energy.

Input: Consider Input: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Cancer Screening and Prevention
Act''.

SEC. 2. MEDICARE COVERAGE OF COLORECTAL SCREENING.

(a) In General.--Section 1834 of the Social Security Act (42 U.S.C.
1395m) is amended by inserting after subsection (c) the following new
subsection:
''(d) Frequency and Payment Limits for Screening Fecal-Occult Blood
Tests, Screening Flexible Sigmoidoscopies, and Screening Colonoscopy.--
''(1) Screening fecal-occult blood tests.--
''(A) Payment limit.--In establishing fee schedules
under section 1833(h) with respect to screening fecal-
occult blood tests provided for the purpose of early
detection of colon cancer, except as provided by the
Secretary under paragraph (3)(A), the payment amount
established for tests performed--
''(i) in 1996 shall not exceed $5; and
''(ii) in a subsequent year, shall not
exceed the limit on the payment amount
established under this subsection for such
tests for the preceding year, adjusted by the
applicable adjustment under section 1833(h) for
tests performed in such year.
''(B) Frequency limit.--Subject to revision by the
Secretary under paragraph (3)(B), no payment may be
made under this part for a screening fecal-occult blood
test provided to an individual for the purpose of early
detection of colon cancer--
''(i) if the individual is under 50 years
of age; or
''(ii) if the test is performed within the
11 months after a previous screening fecal-
occult blood test.
''(2) Screening flexible sigmoid- oscopies.--
''(A) Payment amount.--The Secretary shall
establish a payment amount under section 1848 with
respect to screening flexible sigmoidoscopies provided
for the purpose of early detection of colon cancer that
is consistent with payment amounts under such section
for similar or related services, except that such
payment amount shall be established without regard to
subsection (a)(2)(A) of such section.
''(B) Frequency limit.--Subject to revision by the
Secretary under paragraph (4)(B), no payment may be
made under this part for a screening flexible
sigmoidoscopy provided to an individual for the purpose
of early detection of colon cancer--
''(i) if the individual is under 50 years
of age; or
''(ii) if the procedure is performed within
the 47 months after a previous screening
flexible sigmoidoscopy.
''(3) Screening colonoscopy for individuals at high risk
for colorectal cancer.--
''(A) Payment amount.--The Secretary shall
establish a payment amount under section 1848 with
respect to screening colonoscopy for individuals at
high risk for colorectal cancer (as defined in
subparagraph (C)) provided for the purpose of early
detection of colon cancer that is consistent with
payment amounts under such section for similar or
related services, except that such payment amount shall
be established without regard to subsection (a)(2)(A)
of such section.
''(B) Frequency limit.--Subject to revision by the
Secretary under paragraph (4)(B), no payment may be
made under this part for a screening colonoscopy for
individuals at high
risk for colorectal cancer provided to an individual
for the purpose of early detection of colon cancer if the procedure is
performed within the 23 months after a previous screening colonoscopy.
''(C) Individual at high risk defined.--In this
subsection, an 'individual at high risk for colorectal
cancer' is an individual who, because of family
history, prior experience of cancer or precursor
neoplastic polyps, a history of chronic digestive
disease condition (including inflammatory bowel
disease, Crohn's Disease, or ulcerative colitis), the
presence of any appropriate recognized gene markers for
colorectal cancer, or other predisposing factors, faces
a high risk for colorectal cancer.
''(4) Reductions in payment limit and revision of
frequency.--
''(A) Reductions in payment limit.--The Secretary
shall review from time to time the appropriateness of
the amount of the payment limit established for
screening fecal-occult blood tests under paragraph
(1)(A). The Secretary may, with respect to tests
performed in a year after 1998, reduce the amount of
such
limit as it applies nationally or in any area to the
amount that the Secretary estimates is required to assure that such
tests of an appropriate quality are readily and conveniently available
during the year.
''(B) Revision of frequency.--
''(i) Review.--The Secretary shall review
periodically the appropriate frequency for
performing screening fecal-occult blood tests,
screening flexible sigmoidoscopies, and
screening colonoscopy based on age and such
other factors as the Secretary believes to be
pertinent.
''(ii) Revision of frequency.--The
Secretary, taking into consideration the review
made under clause (i), may revise from time to
time the frequency with which such tests and
procedures may be paid for under this
subsection, but no such revision shall apply to
tests or procedures performed before January 1,
1999.
''(5) Limiting charges of nonparticipating physicians.--
''(A) In general.--In the case of a screening
flexible sigmoidoscopy provided to an individual for
the purpose of early detection of colon cancer or a
screening colonoscopy provided to an individual at high
risk for colorectal cancer for the purpose of early
detection of colon cancer for which payment may be made
under this part, if a nonparticipating physician
provides the procedure to an individual enrolled under
this part, the physician may not charge the individual
more than the limiting charge (as defined in section
1848(g)(2)).
''(B) Enforcement.--If a physician or supplier
knowing and willfully imposes a charge in violation of
subparagraph (A), the Secretary may apply sanctions
against such physician or supplier in accordance with
section 1842(j)(2).''.
(b) Conforming Amendments.--(1) Paragraphs (1)(D) and (2)(D) of
section 1833(a) of such Act (42 U.S.C. 1395l(a)) are each amended by
striking ''subsection (h)(1),'' and inserting ''subsection (h)(1) or
section 1834(d)(1),''.
(2) Section 1833(h)(1)(A) of such Act (42 U.S.C. 1395l(h)(1)(A)) is
amended by striking ''The Secretary'' and inserting ''Subject to
paragraphs (1) and (3)(A) of section 1834(d), the Secretary''.
(3) Clauses (i) and (ii) of section 1848(a)(2)(A) of such Act (42
U.S.C. 1395w-4(a)(2)(A)) are each amended by striking ''a service'' and
inserting ''a service (other than a screening flexible sigmoidoscopy
provided to an individual for the purpose of early detection of colon
cancer or a screening colonoscopy provided to an individual at high
risk for colorectal cancer for the purpose of early detection of colon
cancer)''.
(4) Section 1862(a) of such Act (42 U.S.C. 1395y(a)) is amended--
(A) in paragraph (1)--
(i) in subparagraph (E), by striking ''and'' at the
end,
(ii) in subparagraph (F), by striking the semicolon
at the end and inserting '', and'', and
(iii) by adding at the end the following new
subparagraph:
''(G) in the case of screening fecal-occult blood tests,
screening flexible sigmoidoscopies, and screening colonoscopy
provided for the purpose of early detection of colon cancer,
which are performed more frequently than is covered under
section 1834(d);''; and
(B) in paragraph (7), by striking ''paragraph (1)(B) or
under paragraph (1)(F)'' and inserting ''subparagraphs (B),
(F), or (G) of paragraph (1)''.

SEC. 3. EFFECTIVE DATE.

The amendments made by section 2 shall apply to screening fecal-
occult blood tests, screening flexible sigmoidoscopies, and screening
colonoscopy performed on or after January 1, 1996.

Output: Cancer Screening and Prevention Act - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of various specified colon and colorectal screening tests and corresponding payment and frequency limits.

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.