WASHINGTON – This morning, the U.S. Senate passed major legislation that will update the nation’s energy policies for the first time in nearly a decade. The bill, known as the Energy Policy Modernization Act, would modernize America’s energy policies to reflect new market realities. This will enable businesses and families to save money, and it will not raise taxes or add to the federal deficit. 

The bill also included language originally introduced by Senators Deb Fischer (R-Neb.) and Cory Gardner (R-Col.) that would require a public accounting of the taxpayer funds distributed to litigants who bring successful claims against the federal government. Senator Fischer released the following statement after voting in favor of the bill, which passed the Senate by a vote of 85 to 12:

“Once again, the Senate has shown we are back to work for the American people. Modernizing America’s energy policies will improve economic opportunities for families across the country. This legislation will eliminate outdated rules, streamline the energy regulatory process, promote greater efficiency and save money. What’s more, the bill does all these things without raising taxes or adding to the federal deficit. 

“I was also pleased to see my bill, the Judgment Fund Transparency Act, included in the version of the energy bill. This provision would provide hardworking taxpayers with the ability to track exactly how their tax dollars are being spent on litigation expenses.”

Senator Fischer’s Judgment Fund Transparency Act was included as a provision in the final energy bill. The Judgment Fund, which is administered by the Treasury Department, is used to pay for certain court judgments and settlements against the federal government. Between 2013 and 2015, the federal government paid more than $10 billion in Judgment Fund awards with scant transparency or oversight.

This fund has continued to come under increased scrutiny, as it is allowed to allocate unlimited funds to cover government liability in lawsuits and is not subject to the annual appropriations process. The Judgement Fund Transparency Act would provide hardworking taxpayers and members of Congress the ability to see exactly how tax dollars are being spent on these litigation expenses. 

In February of 2015, The Washington Examiner published an editorial praising Senator Fischer’s bill:

“Senators Cory Gardner, R-Colo., and Deb Fischer, R-Neb., are co-sponsoring a bill that would fix this problem and bring transparency to the Judgment Fund, the treasury account that pays judgments and settlements to plaintiffs. The Judgment Fund Transparency Act is just two pages long. It simply requires the Treasury Department to make public through its website the details of every payment the fund makes… The bill deserves broad bipartisan support. For anyone who believes in government transparency, it's a no-brainer.”

This energy bill also includes an important provision for Nebraska’s Public Power Districts that streamlines the hydropower permitting and licensing process. The provision would provide financial relief to public power districts that have undergone a frustrating, expensive, and multi-year relicensing process costing millions of dollars due to cumbersome delays. 

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