On the recordSeptember 7, 2016
I thank the gentleman for yielding. The Stop Settlement Slush Funds Act of 2016 is intended to bolster Congress' Article I institutional authority over all types of cases, not to carve out special rules for particular categories of cases. Attorneys' fee issues are not the focus of the bill and would be better addressed by separate legislation. I commend the gentleman from Arizona for his concern about the abuse that he has cited, but this amendment could also have significant, unintended adverse consequences. First and foremost, it could hinder the ability of small businesses challenging government overreach to obtain representation. This could occur, for example, in Fifth Amendment takings cases, many of which involve the environment. Indeed, fee recoveries under the Equal Access to Justice Act, although often abused by environmental NGOs, as was cited by the gentleman from Arizona, were originally intended to go to small businesses and other small entities to help them sue against overreaching government action. The problem he cites needs to be addressed, but not here. Accordingly, I urge my colleagues to oppose the amendment.
