Katie Porter: “any honest person must admit that there have been instances of regulatory overkill in our Government. But this…”

“any honest person must admit that there have been instances of regulatory overkill in our Government. But this legislation is legislative overkill in the extreme. It will turn on the litigation tap with an absurdly low threshold for compensation of 10 percent. It will mean, Mr. Chairman, that every single regulation will be the subject of a lawsuit and every application of every regulation will be the subject of a lawsuit. Why would the lawyers not want to take it to court, roll the dice and see if they can get a recovery? I take a back seat to no one in this Chamber in terms of my fiscal conservatism, and I cannot support this bill because it will create a new entitlement that will cost Government so much money that no Republican ought to support it. I will be offering, Mr. Chairman, an amendment with the gentleman from Michigan [Mr. Ehlers], the gentleman from California [Mr. Farr], and the gentleman from Texas [Mr. Bryant] that is the essence of legislation introduced in the Senate by Majority Leader Dole as Senate bill S. 22. It is his answer to the takings problem. It is legislation that is based upon an Executive order issued by Ronald Reagan. Our amendment, like Mr. Dole's bill, Mr. Chairman, leaves takings under the Constitution, where they belong, unless the agency fails to do a private property taking impact assessment before issuing any regulation. If the agency fails to do an assessment, then the Canady- Tauzin compensation scheme applies.”