Deb Fischer

Mrs. FISCHER

Mrs. FISCHER. Madam President, I now ask for a second reading, and I object to my own request, all en bloc.

Mrs. FISCHER

Mrs. FISCHER. Madam President, I ask unanimous consent that notwithstanding the Senate's adjournment, committees be authorized to report legislative and executive matters on Thursday, October 27, from 10 a.m. to 12 noon.

Mrs. FISCHER

Mrs. FISCHER. Madam President, I ask unanimous consent that notwithstanding the upcoming adjournment of the Senate, the President of the Senate, the President pro tempore, and the majority and minority leaders be authorized to make appointments to commissions, committees, boards, conferences, or interparliamentary conferences authorized by law, by concurrent action of the two Houses, or by order of the Senate.

Mrs. FISCHER

Mrs. FISCHER. Madam President, I ask unanimous consent that the junior Senator from Louisiana be authorized to sign duly enrolled bills or joint resolutions on Thursday, September 29, through Monday, November 14.

Mrs. FISCHER

Mrs. FISCHER. Madam President, I ask unanimous consent that the Senate proceed to the immediate consideration of H. Con. Res. 122, which is at the desk.

Mrs. FISCHER. Madam President, I ask unanimous consent that the Udall amendment to the concurrent resolution be agreed to; the concurrent resolution, as amended, be agreed to; that the Udall amendment to the preamble be agreed to; the preamble, as amended, be agreed to; and the motions to reconsider be considered made and laid upon the table with no intervening action or debate.

Mrs. FISCHER

Mrs. FISCHER. Madam President, I ask that the Chair lay before the Senate the message from the House on S. 246, the Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act. The Presiding Officer laid before the Senate the following message from the House of Representatives: Resolved, That the bill from the Senate (S. 246) entitled ``An Act to establish the Alyce Spotted Bear and Walter Soboleff Commission on Native Children, and for other purposes.'', do pass with an amendment.

Mrs. FISCHER. Madam President, I ask unanimous consent that the motion to concur in the House amendment be agreed to and the motion to reconsider be considered made and laid upon the table with no intervening action or debate.

Mrs. FISCHER

Mrs. FISCHER. Madam President, if there is no further business to come before the Senate, I ask unanimous consent that it stand adjourned under the previous order.

Mrs. FISCHER

Mrs. FISCHER. Madam President, I ask unanimous consent that when the Senate completes its business today, it adjourn to then convene for pro forma sessions only, with no business being conducted, on the following dates and times, and that following each pro forma session, the Senate adjourn until the next pro forma session: October 3, at 10:30 a.m.; October 6, at 10:30 a.m.; October 7, at 2 p.m.; October 11, at 9 a.m.; October 13, at 2 p.m.; October 17, at 11 a.m.; October 20, at 3 p.m.; October 24, at 10:30 a.m.; October 27, at 10:30 a.m.; October 31, at 4:30 p.m.; November 3, at 2 p.m.; November 7, at 10:30 a.m.; November 10, at 10 a.m.; and November 14, at 5:30 p.m.; I further ask that when the Senate adjourns on Monday, November 14, it next convene at 4 p.m., Tuesday, November 15; that following the prayer and pledge, the morning hour be deemed expired, the Journal of proceedings be approved to date, and the time for the two leaders be reserved for their use later in the day; I ask that following leader remarks, the Senate be in a period of morning business until 5 p.m., with Senators permitted to speak therein for up to 10 minutes each.

Mrs. FISCHER

Mrs. FISCHER. Mr. President, I ask unanimous consent that Daniel Ball, an FCC detailee with the Commerce Committee, be granted floor privileges for the duration of the 114th Congress.

Mrs. FISCHER

Mrs. FISCHER. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mrs. FISCHER. Mr. President, I rise today to address a recent ruling from the U.S. Court of Appeals for the DC Circuit. Last week, the court issued a ruling that was a victory for America's ag producers and a rebuke to Washington regulators. Specifically, the court ruled the Occupational Safety and Health Administration, or OSHA, violated the law when it imposed new limits on anhydrous ammonia storage. I realize many of my colleagues may not be familiar with anhydrous ammonia. But for those of us who make our living from the land, it is the most cost-effective and commonly used fertilizer in production agriculture. Anhydrous ammonia is an essential input for ag producers in Nebraska and all across this country. It allows them to produce more food while using less land, less water, and, yes, less fertilizer. Producers receive anhydrous ammonia from retail facilities. In Nebraska, these facilities are primarily farmer-owned cooperatives, found in more than 400 locations across the State. These facilities store anhydrous ammonia in tanks on their property, and since 1992, these tanks have been exempt from certain OSHA regulations. But in 2015, OSHA issued a new standard affecting these retail fertilizer facilities, and they did so illegally, without public notice or industry input. OSHA's new standard would have required retailers to provide documentation that these tanks fit certain specifications. If a retailer couldn't produce that paperwork, then he or she would be required to purchase an entirely new tank. These tanks are expensive. The starting price is in the neighborhood of $70,000. Furthermore, anhydrous ammonia tanks vary in size from State to State, and several tank manufacturers are no longer in business. OSHA's unrealistic expectations made it impossible for these retailers and producers to obtain the needed paperwork, which meant that these retailers would have been forced to purchase those pricey new tanks, even though their old ones worked just fine. Understandably, this became a major headache for retailers and producers. For example, in my home State of Nebraska, Central Valley Ag Cooperative, which is located in York, anticipated compliance costs of $5.6 million. This includes an additional $100,000 of ongoing compliance costs every year. In Elmwood, NE, Midwest Farmers Cooperative estimated producers would spend $20 to $28 more per acre when applying fertilizer to their fields. Given the current state of the farm economy, these increased costs would have been devastating. They would have forced many farmers to leave the industry altogether. That would be heartbreaking enough, but there was another, even more troubling aspect to OSHA's standard. They never put it through the required public notice and comment process. OSHA is required by law to conduct this process, as are most Federal agencies, whenever they issue a new regulation or standard. The public notice-and-comment period is a built-in safeguard. It allows those who would be affected by a proposed regulation to have their voices heard, and, ideally, the government would listen to their voices. But OSHA didn't follow the rules. They did not listen. They didn't even try to listen. They said their new policy was effective immediately. That was unacceptable to me. In response, this summer I introduced bipartisan legislation with Senator Heidi Heitkamp known as the FARM Act. We offered this legislation to provide relief to farmers and force OSHA to follow the law. Last week, the U.S. Court of Appeals for the DC Circuit reinforced this legislation by forcing OSHA to vacate their illegal and harmful standard. With this ruling, an important precedent has been set. The court made it clear: OSHA improperly expanded the scope, complexity, and costs of regulation on ag facilities that handle anhydrous ammonia. By disrupting the supply of a vital fertilizer, OSHA would have disrupted farming operations. Worse, they would have harmed farmers' ability to do their jobs and also to provide for their families. I am relieved that the courts came in and upheld the rule of law. America's ag producers will now face one less hardship. They can focus on feeding the world and providing for their own families. At the same time, I remain appalled that OSHA would so brazenly disregard the law in the first place. This is another example of why the American people don't trust the Federal Government. Honestly, I don't blame them. When the Federal Government doesn't follow its own law, it destroys public trust. Out-of-control agencies, like OSHA, which do not follow the law need to be stopped when their overly burdensome regulations hurt Americans. Let the American people do their jobs. Let them raise their families, earn their living, and pursue their life's purpose. When the bureaucracy fails to do this, it is the responsibility of Members of Congress to step in. I am glad that I have done so. Mr. President, I yield the floor. Mr. President, I ask unanimous consent that all time spent in a quorum call before the vote on the veto message to accompany S. 2040 be charged equally against each side.

Mrs. FISCHER

Mrs. FISCHER. Mr. President, I rise today to call attention to a very troubling issue, and we hear about it often. Sadly, there is a lack of leadership from the executive branch with regard to it. I am talking about the state of the American economy. Many families across Nebraska and across our Nation are worried. Whether they are hardworking parents trying to make ends meet or grandparents who are concerned about their grandchildren's future, there is no shortage of anxiety. As many of my colleagues have pointed out, the economy is not recovering quickly enough. In fact, we are slogging through the slowest economic recovery since the 1960s. By way of reference, in 1961 Kennedy was President, a gallon of gas cost 31 cents, and Roy Orbison was in Billboard's top five. In every economic recovery since that time, the American economy grew an average of 3.7 percent per year. Since 2009, however, this growth has averaged a mere 2.1 percent per year. This year, it slowed to just 1 percent. Last quarter, the economy grew by a pitiful 1.2 percent. Again, things are not getting better quickly enough. There are some real obstacles before us. The share of Americans in the workforce has fallen below 63 percent. That is nearly three percentage points below where we were when the recovery began. Another concern is the growing number of expensive and burdensome regulations. Rulemaking under the Obama administration has skyrocketed. Federal regulations cost an estimated $1.9 trillion per year. That is more than $15,000 for each American household. These figures are worrisome. Here is one that should truly be frightening for us. At the same time, we have seen our national debt reach a staggering $19.5 trillion. Just last year, the United States spent $223 billion, or 6 percent of the Federal budget, to pay interest on that national debt. This year, the nonpartisan Congressional Budget Office estimates that our deficit will be $590 billion. This means that we are going to be spending almost $600 billion more than we take in. If we don't change course, the CBO estimates that these deficits are going to skyrocket over the next decade, reaching $1 trillion in 2024, and they will only continue to grow from there. These numbers paint us a very dark picture, but I do have some good news. There is still time for us to change course. In fact, this body has taken several good steps. Since taking office, I have worked with my colleagues to reduce some wasteful spending and some burdensome regulations. In 2015, I introduced the Grants Oversight and New Efficiency Act, or the GONE Act. This bill, which was signed into law in January, will save millions of dollars by closing expired grant accounts and increasing oversight over Federal grant programs. I have also introduced and pushed for votes on several waste-cutting amendments during the appropriations process, including one to wind down an outdated and ineffective stimulus-era program. These are good steps, and here are a few others. We passed a highway bill, which will provide much needed certainty for States, businesses, families, and the traveling public. By prioritizing our infrastructure, we are investing in our economy's ability to grow. In the same vein, last week, we passed the Water Resources Development Act. This is another key infrastructure bill that will enable our economy to grow by modernizing our ports and our waterways. So we do have tools available for us to meet these fiscal challenges. We have to exercise restraint, and we have to exercise that restraint among ourselves. The appropriations process is a critical way for us to do this. It is the only way that our citizens can truly hold their elected representatives accountable for this spending. It allows the American people to see the true priorities of their elected representatives. There is one last point before I close. Reducing the national debt does not mean that we stop investing. It simply forces us to make smarter choices. Some things we need to prioritize, and we know what those are. We need to keep our families and our communities safe. We must invest in infrastructure to promote commerce and grow this economy. We must reduce wasteful spending and prioritize prudent spending. We must reduce the national debt. We must get government out of the way so opportunities can be created for our families and for our young people, but we have to be responsible stewards of taxpayer money. We must make those responsible choices. I believe that our very best days as a nation are before us, and that is because of my unwavering faith in the fundamental goodness, tenacity, and the creativity of the American people. I yield the floor. I suggest the absence of a quorum.

Mrs. FISCHER

Mrs. FISCHER. Mr. President, I rise today in support of the CHIP IN for Vets Act. Lengthy delays and cost overruns have impeded construction of new health care facilities for our veterans, raising roadblocks between them and the quality health care they have earned. These delays and overruns have not only negatively impacted our veterans' access to care, but also our nation's confidence in their health care system. My legislation would create a 5-year pilot program that would allow communities to contribute real property toward on-time and on-budget construction projects. Partnerships between veterans, their local communities, and the Department of Veterans Affairs, VA, will allow previously appropriated funds to be put to good use. Through five initial projects, community leaders and private sector experts can lead construction projects from start to finish and test a model that can be expanded into the future. State or local authorities, and specified non-federal entities, will be eligible to partner with the VA. Entities would comply with the Department of Veterans Affairs' standards, except to the extent the Secretary determines otherwise, as permitted by law. Eligible projects would be limited to those for which funding has already been appropriated, or those on the VA's long-term planning list. The VA's financial obligation for these projects would be limited to the amount previously appropriated. The VA would select the project and community partner, but it would not influence, control, or be involved with either the management or construction of these projects. The Secretary would include information regarding real property and improvements donated under this legislation in the budget submitted to Congress. The Comptroller General would also submit to Congress a report on the donation agreements entered into under this legislation not less frequently than once every 2 years until its termination. A significant amount of work went into revising this bill. I very much appreciate the support of Senator Feinstein, who serves as lead cosponsor. Chairmen Isakson and Alexander are supportive of this legislation. They, and the members of their staff, have been extraordinarily helpful through this process. The Department of Veterans Affairs staff has also been actively involved in the crafting of this legislation. They fully support it. The Congressional Budget Office has stated this bill would have an ``insignificant impact on direct spending,'' or less than $500,000 total. For these reasons, I urge my colleagues to support this common sense, bipartisan legislation. Thank you.

Mrs. FISCHER

Mrs. FISCHER. Mr. President, I rise today in support of the CHIP IN for Vets Act. Lengthy delays and cost overruns have impeded construction of new health care facilities for our veterans, raising roadblocks between them and the quality health care they have earned. These delays and overruns have not only negatively impacted our veterans' access to care, but also our nation's confidence in their health care system. My legislation would create a 5-year pilot program that would allow communities to contribute real property toward on-time and on-budget construction projects. Partnerships between veterans, their local communities, and the Department of Veterans Affairs, VA, will allow previously appropriated funds to be put to good use. Through five initial projects, community leaders and private sector experts can lead construction projects from start to finish and test a model that can be expanded into the future. State or local authorities, and specified non-federal entities, will be eligible to partner with the VA. Entities would comply with the Department of Veterans Affairs' standards, except to the extent the Secretary determines otherwise, as permitted by law. Eligible projects would be limited to those for which funding has already been appropriated, or those on the VA's long-term planning list. The VA's financial obligation for these projects would be limited to the amount previously appropriated. The VA would select the project and community partner, but it would not influence, control, or be involved with either the management or construction of these projects. The Secretary would include information regarding real property and improvements donated under this legislation in the budget submitted to Congress. The Comptroller General would also submit to Congress a report on the donation agreements entered into under this legislation not less frequently than once every 2 years until its termination. A significant amount of work went into revising this bill. I very much appreciate the support of Senator Feinstein, who serves as lead cosponsor. Chairmen Isakson and Alexander are supportive of this legislation. They, and the members of their staff, have been extraordinarily helpful through this process. The Department of Veterans Affairs staff has also been actively involved in the crafting of this legislation. They fully support it. The Congressional Budget Office has stated this bill would have an ``insignificant impact on direct spending,'' or less than $500,000 total. For these reasons, I urge my colleagues to support this common sense, bipartisan legislation. Thank you.

Mrs. FISCHER

Mrs. FISCHER. Mr. President, today I wish to recognize America's professional truck drivers who serve our Nation by safely delivering such vital goods as the clothes we wear, the food we eat, and the medicine we rely on.

Mrs. FISCHER

Mrs. FISCHER. Mr. President, I rise to offer remarks on the Water Resources Development Act today. Specifically, I would like to address amendment No. 4996, which has now been modified and included in the Inhofe-Boxer managers' package. First, to Senators Inhofe and Boxer, thank you for your commitment to passing the WRDA bill every 2 years. I appreciate their efforts to work with every Member in this Chamber to make certain that commitment is upheld. The bill reflects our duty and ability to ensure safe, reliable water infrastructure. In large part, it achieves this by granting greater flexibility to local stakeholders to manage their community's diverse water needs. For example, in Nebraska, our 23 natural resource districts will be allowed to fund feasibility studies and receive reimbursement during project construction instead of waiting until that project is completed. WRDA also includes real reform for State municipalities, like those in Omaha, struggling with unfunded combined sewer overflow mandates. Personally, I am relieved that WRDA 2016 eliminates the EPA's flawed median-household income affordability measurement which hurts fixed- and low-income families. Regarding amendment No. 4996, I thank the chair, the ranking member, and staff of the EPW Committee for working with me in a bipartisan manner to ensure that America's farmers and ranchers have greater certainty for their on-farm fuel and animal feed storage. This amendment provides a limited exemption to farmers from the EPA's spill prevention, containment, and control--or the SPCC--rule. Two years ago I worked with Senator Boxer, who was then chairman of the committee, in a good-faith effort to address concerns raised by my constituents about this rule, and I am very pleased to have the opportunity to do so again. My modified amendment would wholly exempt animal feed storage tanks from the SPCC rule both in terms of aggregate storage and single-tank storage. Further, this amendment includes additional language that will exempt up to 2,000 gallons of capacity on remote or separate parcels of land as long as these tanks are not larger than 1,000 gallons each. Ultimately, this will give ag producers greater flexibility to access the necessary fuel needed to power machinery, equipment, and irrigation pumps. Some may think these are just technical tweaks, but let me assure you they are critically important to farmers and ranchers across our country. Most agricultural producers live miles away from the nearest refueling station; therefore, producers rely upon on-farm fuel storage to supply the fuel they need at the time they need it. This amendment will ensure that producers can maintain that on-farm fuel storage. It will bring some reasonable, measured exemptions to the SPCC rule for small- and medium-sized farms and for livestock producers. This compromise comes at a critical hour for our ag producers. They are struggling through one of the toughest farm economies since the 1980s. Markets are weak, and margins are tight. This compromise offers much needed regulatory relief. For many, it is a lifeline. It lifts an unnecessary burden. I urge my colleagues to support these commonsense exemptions that will limit harmful Federal regulations on the men and women who feed a very hungry world. I wish to comment briefly on those harmful regulations. As I mentioned, the Senate passed a provision in the 2014 WRDA bill requiring the EPA to do some research before determining what is and what is not an appropriate, safe fuel storage level for the average American farmer. It is my view--and it is shared by many producers across the country--that if there is no risk, then there is no reason to regulate. Don't fix problems that don't exist. The EPA released results of this study last year, and it is difficult for me to call it a study. The word ``study'' carries with it the implication of careful scrutiny. The EPA's report was, in reality, a collection of assumptions lacking in scientific evidence. It supported a recommendation that moved the goalposts on the exemption levels below the minimum that was previously agreed to by this Chamber and signed into law. The EPA report failed to show that on-farm fuel storage poses a significant risk to water quality. It cited seven examples of significant fuel spills and not one of them occurred on a farm or a ranch. Even more misleading, one referenced a spill of 3,000 gallons of jet fuel. I know that in the Presiding Officer's State of South Dakota and in my State of Nebraska, it would be very hard to find a farmer who employs the use of a jet engine when they are harvesting a cornfield. To place these costly fees and heavy regulations on farmers and ranchers at so difficult a time is very dangerous and it is serious. To do so based on a report with false, misleading information is irresponsible. I know the impact of Federal policies from first-hand experience. Farmers and ranchers understand that their success is the direct result of careful stewardship of our natural resources. We depend on a healthy environment for our very livelihoods. We know the value of clean water--you cannot raise cattle or corn without it. No one works harder to protect the quality of our streams and our aquifers. When it comes to preventing spills from on-farm fuel storage, producers already have every incentive in the world. We live on this land and our families drink the water. Again, I thank Chairman Inhofe and Ranking Member Boxer for their willingness to come together, reach a compromise, and safeguard the livelihoods of our farmers and ranchers. The Senate's approval of WRDA will be a relief for farmers throughout Nebraska and all across America, who should not face these unnecessary regulations. The bipartisan provision regarding on-farm fuel storage completely exempts animal feed ingredients, and it does provide greater flexibility to producers to access the fuel where they need it, and that is reflective of the real-world realities we face in production agriculture. I appreciate my colleagues' support and cooperation on this issue. I yield the floor.

Mrs. FISCHER

Mrs. FISCHER. Mr. President, I rise to continue my tribute to Nebraska's heroes and the current generation of men and women who have given their lives defending our freedom in Iraq and Afghanistan. Each of these Nebraskans has a powerful story. Captain Robert J. Yllescas Today I will reflect upon the life of Army CPT Robert Yllescas of Osceola, NE. Rob's life began in Guatemala, where he was born and raised. His mother Barbara would often bring young Rob to Nebraska during visits to her family in Osceola. When in Nebraska, Rob made plenty of friends, and he fell in love with the good life. He also met a young girl named Dena, who would one day become his wife. After graduating high school in Guatemala in 1996, Rob moved to Nebraska permanently, and he enrolled at the University of Nebraska- Lincoln. He also enlisted in the Nebraska Army National Guard. Rob had always wanted to serve in the military. He hoped to become a general one day. With this in mind, Rob enrolled in Army ROTC at UNL. Fate had something else in store for Rob during his college years too. He reconnected with Dena. They fell in love, were engaged a year later, and were married on July 29, 2000. Rob continued his studies and training, later graduating from UNL in May, 2001, receiving his commission as a second lieutenant in the U.S. Army. That August, Rob and Dena welcomed the birth of their first daughter, Julia. A short time later, Lieutenant Rob Yllescas began his first Active-Duty assignment on September 10, 2001. The very next day, everything changed for Rob, his family, and our Nation. America's military priorities transformed dramatically, focusing on a new mission to combat terrorism. From the beginning of his military service, Rob's commanding officers took note of his character and his leadership. One commander said, ``Yllescas was an extraordinary person to be around. He brought that `lead from the front' mentality into his work.'' Another soldier who served with him said Rob ``was strong as an ox with a smile as big as Nebraska.'' Over the next several years, life became fast-paced for the Yllescas family. Rob deployed to Iraq in 2003 for a year, and then he returned for a second deployment in 2005, when the fighting grew more intense. Returning home to Nebraska in 2006, Rob continued to excel in the military, later graduating from Army Ranger School. Rob achieved the rank of captain and was assigned to the 6th Squadron of the 4th Cavalry Regiment. He took command of Bravo Troop, known as the Blackfoots. After nearly 2 years of training and earning the respect of his troops, Rob learned he would deploy to Afghanistan. Shortly before his deployment, Rob and Dena welcomed their second daughter, Eva, on February 1, 2008. Upon arriving in Afghanistan, Captain Yllescas and Bravo Troop were stationed at Camp Keating. This outpost, located in the eastern province of Nuristan, was known to many as the most dangerous territory in Afghanistan. Camp Keating had been under constant attack since becoming operational in 2006. Two prior camp commanders had been killed before the Blackfoots arrived. Once again, Captain Yllescas made an immediate impact. His lead-from- the-front approach earned the respect of his men and improved the relations with the local Afghan leaders. Rob carried himself with a grace that would calm the nerves of these community leaders, and he often met with them unarmed and without that full battle rattle, but his charismatic style and the improved relations quickly became a threat to the enemy forces in the region. Camp Keating, located in the Kamdesh District, was known to American troops as the ``Tip of the Spear.'' Al Qaeda and militants moved freely through this area from safe havens in Pakistan. They filtered weapons and ammunition through this region to engage with coalition forces throughout Afghanistan. One soldier described his tour at Camp Keating, saying: ``I was either extremely bored or extremely terrified.'' For months, Captain Yllescas and his Blackfoots continued their focus on improving relations with the local Afghan community, and things seemed to be moving in the right direction. As Captain Yllescas made progress, he also drew the attention of the enemy militants. By the fall of 2008, they were coordinating plans to remove this threat to their supply chain. On October 28, 2008, a remotely controlled IED was detonated and seriously wounded Captain Yllescas as part of a planned assassination attempt. Rob was quickly evacuated out of Afghanistan. He was stabilized and moved to the Bethesda Naval Medical Center outside of Washington, DC. Throughout this time at the medical center, Dena remained at his side. During Rob's second week at Bethesda Medical Naval Center, President George W. Bush visited him on November 10 and personally awarded him the Purple Heart. Rob's best day occurred when his daughter Julia entered his hospital room. Just seeing Julia seemed to ease his mind. Ultimately, Rob's severe leg and head wounds were too much to overcome. CPT Robert Yllescas died on December 1, 2008. A week later, the auditorium in Osceola, NE, was filled to capacity with people honoring their hometown hero. In the time since, Dena and Rob's mother Barbara have become very active in the Gold Star family activities throughout Nebraska. His daughters Julia, who is now 15, and Eva, now 8, are also active in this cause. The two of them are well known for their beautiful voices and singing of patriotic songs at veterans events. For his service to our Nation, CPT Rob Yllescas earned many military decorations. Among the many important badges and decorations he earned, Captain Yllescas was awarded the Bronze Star, Purple Heart, Iraq Campaign Medal, Afghanistan Campaign Medal, and the Ranger Tab. CPT Robert Yllescas embodied the pride of his State, served his country, and loved his family. I am honored to tell his story. I yield the floor.

Mrs. FISCHER

Mrs. FISCHER. Mr. President, I wish to thank my colleague from West Virginia for her comments on this health care law, as well as my colleague from Louisiana. I have just returned, as we all have, from our time in our State and traveling in our State. I know my colleague from West Virginia heard the same stories that I heard in Nebraska. People are worried. They are afraid. They are very concerned about their futures and what they are going to see this fall with regard to this health care law. So I thank my colleagues for their comments that they have given today on this very important issue. I, too, rise to address the stark reality of President Obama's failed health care law. The evidence of its failure continues. The latest example is the relentless increase in premium rates across our country. In Nebraska, health care plans under ObamaCare will see premium rates rise more than 30 percent. Nearly every week, I hear new stories of the pain caused by this law. It breaks my heart because it has led hard- working people to the brink of despair. We have sunk to the point where some Nebraskans, like many Americans across our country, are now asking themselves: Why bother? Karen in central Nebraska shared that most of her paycheck goes to her plan's premium and deductible costs. She is faced with two terrible options: quit her job to qualify for more government subsidies or opt out of insurance coverage and then pay the penalty. Meanwhile, Peter, a small business owner in western Nebraska, faces the gut-wrenching decision of raising prices to offset the rising premiums and other unaffordable costs of his ObamaCare plan. Stephen in eastern Nebraska, another small business owner, bluntly told me: ``Enough is enough.'' For Stephen, it made more sense to pay the penalty than to budget for his ObamaCare plan. If that wasn't enough, Stephen's longtime family doctor, the medical professional who he trusts, is no longer in his network. So now Stephen has to travel just to see an in-network provider. Because of a law forced upon them, Americans are left with difficult choices. Mothers and fathers are being forced to choose between what is in the best interest of their families and what health insurance costs they are going to be able to afford. Hard-working Americans are keeping less of their paychecks. They are spending more on these uncontrollable health care costs. They can no longer afford and, in many cases, they no longer even have the option to see the doctor they trust. They are not saving money, and they are not better off. They are living a real American nightmare. Nebraskans are all too familiar with the failures of ObamaCare. The co-op established for Nebraska and Iowa was one of the first ones to fail, and that was in December of 2014. In my letter at the time to then CMS Administrator Tavenner, I sought answers. I received an answer much later from Acting Administrator Slavitt. His response was disappointing, and it clearly demonstrated what we have known for a long time now: The government is incapable of successfully administering health care coverage. These Nebraskans were left with few options and very little support because of the government's shortsightedness in continuing a doomed co-op. We have witnessed similar disasters with other ObamaCare co-ops across the country. They keep failing. They include Colorado, Connecticut, Illinois, Michigan, New York, and Oregon, to name a few. At a cost to taxpayers of more than $1.7 billion of the original 23 co- ops, only 7 now survive. That is a failure rate, people, of more than 60 percent. The surviving seven are now being evaluated for their financial health, but one thing is clear: To prop them up through the next enrollment period only to delay their really inevitable failure would be incredibly dishonest to the American people. Nebraskans are a trusting people. We like to give people the benefit of the doubt, but there is no doubt any longer. ObamaCare was built on certain promises and those promises have been broken. It is time for the government to be honest with the American people. It is time to come clean, face up, and act responsibly. We have already taken some positive steps to get our people out of this mess--steps which the vast majority of the Members of this Senate have approved. The medical device tax and the Cadillac tax are clear examples. The majority of this Chamber agreed on a bipartisan basis that delaying these taxes was a necessary step to alleviate some of the harm that has been caused by this health care law. In voting to delay these taxes, the Senate chose the American people over a failed law. That was a good day, and that was a good vote. We must take more actions like that in the future--action, not just talk--actions that will help the American people lighten this law's heavy load and bring families back from that brink. We must keep doing this until Americans like Karen, Peter, and Stephen are no longer forced to make those unreasonable choices. At the same time, I want solutions for those Nebraska families still struggling to find quality and affordable health care. But let's be honest. These solutions are not more bailouts and tax subsidies. No more one-size-fits-all Federal mandates. We must all conclude that ObamaCare is a clear failure. We must, once and for all, scrap it and then replace it with patient-centered solutions. I want to have that conversation, and I am ready and willing to do so. Thank you, Mr. President. I yield the floor. I suggest the absence of a quorum.

Mrs. FISCHER

Mrs. FISCHER. Madam President, I ask unanimous consent that the order for the quorum call be rescinded.

Mrs. FISCHER. I suggest the absence of a quorum.

Mrs. FISCHER

Mrs. FISCHER. Mr. President, I rise to draw attention to important legislation that would ensure American taxpayers know how their hard- earned dollars are being spent. This morning, I was pleased to join Senator Lankford to introduce a bill that expands on similar legislation that I introduced with Senator Gardner last year, known as the Judgment Fund Transparency Act. The Judgment Fund is administrated by the Treasury Department and is used to pay certain court judgments and settlements against the Federal Government. It is essentially an unlimited amount of money made available to the Federal Government to cover its own liability. The fund is not subject to the annual appropriations process. And even more remarkable, the Treasury Department has no reporting requirements. Because of this, the Judgment Fund payments are made with very little oversight or scrutiny. Because the Treasury Department has no binding reporting requirements, few public details exist about where the funds are going and why. This is no small matter, as the Judgment Fund disburses billions of dollars in payments every year. For example, between 2013 and 2015, the Federal Government paid more than $10 billion in Judgment Fund awards with scant transparency or oversight. Hard-working taxpayers and Members of Congress have every right to see exactly how tax dollars are being spent out of this Judgment Fund. I was proud to see my original version of the bill pass the Senate as part of the Energy Policy Modernization Act in April. Still, recent developments show more oversight is needed, and that is why I have joined with Senator Lankford to update and expand the Judgment Fund Transparency Act. This update is the result of payments made through the Judgment Fund to Iran earlier this year. In January, the Obama administration transferred $1.7 billion to Iran's Central Bank. It was paid in connection with the settlement of a claim relating to arms sales to the Shah. Last month, new reports indicated that the U.S. payment was transferred to Iran's defense budget. In defending the payment, White House spokesman Josh Ernst argued that it was ``Exhibit A in the administration pursuing tough, principled diplomacy in a way that actually ends up making the American people safer and advancing their interests.'' I disagree. A $1.7 billion payment that goes to Iran's military does not make our country safer. Iran was designated a state sponsor of terror in 1984. Its military has long provided weapons, training, and funding to groups such as Hezbollah, Hamas, and other proxies throughout the Middle East and beyond. Last month, the State Department released its latest country reports on terrorism. It states: ``In 2015, Iran's state sponsorship of terrorism worldwide remained undiminished.'' In fact, the State Department report noted that in some areas, such as Iraq, its support to terrorist groups has actually increased. I am haunted by the fear that some of these very terrorists, groups that may have taken American lives, may have received money from the U.S. Treasury. The bill that I am introducing with Senator Lankford today takes action. It would prohibit the Judgment Fund from being used for this purpose while maintaining key provisions from the original bill requiring openness and transparency. If the administration wants to deliver another payment to a regime that is going to sponsor terror, it should make its case to Congress and to the American people. More transparency leads to greater accountability. Sunlight is the best disinfectant. Through this bill, we can track taxpayer-funded payments to foreign nations and prevent harmful transactions from happening in the future. I thank Senator Lankford for his diligent work on this issue, and I urge my colleagues to stand behind hard-working American taxpayers and support this legislation.

Mrs. FISCHER

Mrs. FISCHER. Mr. President, I rise to draw attention to important legislation that would ensure American taxpayers know how their hard- earned dollars are being spent. This morning, I was pleased to join Senator Lankford to introduce a bill that expands on similar legislation that I introduced with Senator Gardner last year, known as the Judgment Fund Transparency Act. The Judgment Fund is administrated by the Treasury Department and is used to pay certain court judgments and settlements against the Federal Government. It is essentially an unlimited amount of money made available to the Federal Government to cover its own liability. The fund is not subject to the annual appropriations process. And even more remarkable, the Treasury Department has no reporting requirements. Because of this, the Judgment Fund payments are made with very little oversight or scrutiny. Because the Treasury Department has no binding reporting requirements, few public details exist about where the funds are going and why. This is no small matter, as the Judgment Fund disburses billions of dollars in payments every year. For example, between 2013 and 2015, the Federal Government paid more than $10 billion in Judgment Fund awards with scant transparency or oversight. Hard-working taxpayers and Members of Congress have every right to see exactly how tax dollars are being spent out of this Judgment Fund. I was proud to see my original version of the bill pass the Senate as part of the Energy Policy Modernization Act in April. Still, recent developments show more oversight is needed, and that is why I have joined with Senator Lankford to update and expand the Judgment Fund Transparency Act. This update is the result of payments made through the Judgment Fund to Iran earlier this year. In January, the Obama administration transferred $1.7 billion to Iran's Central Bank. It was paid in connection with the settlement of a claim relating to arms sales to the Shah. Last month, new reports indicated that the U.S. payment was transferred to Iran's defense budget. In defending the payment, White House spokesman Josh Ernst argued that it was ``Exhibit A in the administration pursuing tough, principled diplomacy in a way that actually ends up making the American people safer and advancing their interests.'' I disagree. A $1.7 billion payment that goes to Iran's military does not make our country safer. Iran was designated a state sponsor of terror in 1984. Its military has long provided weapons, training, and funding to groups such as Hezbollah, Hamas, and other proxies throughout the Middle East and beyond. Last month, the State Department released its latest country reports on terrorism. It states: ``In 2015, Iran's state sponsorship of terrorism worldwide remained undiminished.'' In fact, the State Department report noted that in some areas, such as Iraq, its support to terrorist groups has actually increased. I am haunted by the fear that some of these very terrorists, groups that may have taken American lives, may have received money from the U.S. Treasury. The bill that I am introducing with Senator Lankford today takes action. It would prohibit the Judgment Fund from being used for this purpose while maintaining key provisions from the original bill requiring openness and transparency. If the administration wants to deliver another payment to a regime that is going to sponsor terror, it should make its case to Congress and to the American people. More transparency leads to greater accountability. Sunlight is the best disinfectant. Through this bill, we can track taxpayer-funded payments to foreign nations and prevent harmful transactions from happening in the future. I thank Senator Lankford for his diligent work on this issue, and I urge my colleagues to stand behind hard-working American taxpayers and support this legislation.

Mrs. FISCHER

Mrs. FISCHER. Mr. President, I rise today to continue my tribute to Nebraska's heroes and the current generation of men and women who have given their lives defending our freedom in Iraq and Afghanistan. Each of these Nebraskans has a powerful story. Sergeant Joshua Robinson Today I reflect upon the life of Marine Sgt Joshua Robinson of Hastings, NE. Josh grew up on a farm near the small village of Oak, NE. As a boy, he thrived in the outdoors. Many would say he was born to be a marine. Josh loved hunting, fishing, and preparing animals for 4-H competitions. He first learned to shoot with a Red Ryder BB gun and became excellent at tracking wild animals. Later, the Robinson family moved to Colorado, where Josh grew into an impressive athlete. He discovered water sports. Water skiing, wakeboarding, and kneeboarding became his passions. By high school, this natural ability was generating success on the wrestling team, and he would later represent them three times at the State championships. In 2000, Josh's high school graduation coincided with his family's return to Nebraska, where he enrolled at Metro Community College in Omaha. His athletic ability was on full display here, too, this time riding bulls in the rodeo. Over a year after graduating high school, Josh would find a new mission. On September 11, 2001, terrorist attacks on our homeland changed the world and instilled a deep sense of duty and patriotism for Josh. Like so many others in the days that followed, he answered the call to military service. His mother Misi remembers his passion during that time, saying: Our freedom was put on the line. It takes young men like Josh to enlist and protect the USA. By 2003, Josh had enlisted in the Marine Corps. That year, he also met the love of his life, Rhonda Zaruba of Bennington, NE. They connected immediately and were engaged shortly after Josh returned from basic training in 2004. Rhonda recalls the advice Josh's marine friends gave him at the time: Never buy a truck, and never get married. In 2004, he did both. Josh and Rhonda were married in Omaha later that year. They grew in love and had two sons--Kodiak, who is now 10; and Wyatt, now 9. Together, Josh and Rhonda navigated their family through Josh's two deployments to Iraq. Like so many military families, they endured the pain of separation on birthdays, anniversaries, and holidays. His service was their service. No one was surprised by Josh's success in the military. His mother says Josh took the skills he learned as a boy in Nebraska and he placed them in the service of his Marine Corps brothers. As a soldier, he taught courses in tracking and mountain survival. As a scout sniper with the 1st Marine Division, he taught high-angle shooting and mountain survival at California's Mountain Warfare Training Center. Josh taught his marines, and he also nurtured his sons. He showed Kodiak and Wyatt how to identify different animal tracks, and by a very young age, both boys were masters. They still remember how to read raccoon and deer tracks. Josh's fellow marines, who referred to Sergeant Robinson as ``Robbie,'' say he was fearless. Through extraordinary survival skills, Josh kept his men alert and safe. As fellow marine LCpl Gavin Bristol put it: I never had any doubt there was a better man looking out for us . . . Whenever we felt fear or anxiety, we just had to remember that ``Robbie'' was with us. Josh was an infantryman assigned to the 1st Battalion, 5th Marine Regiment, 1st Marine Division, based out of Camp Pendleton, CA. After serving two tours in Iraq, he was deployed to the Helmand Province, Afghanistan, in March of 2011. At this time, Helmand Province was the most dangerous region in Afghanistan and the last holdout for the Taliban. A few months later, on June 11, a fire fight broke out, lasting 6 hours. During the attack, Josh rescued a wounded marine while leading his combat team to safety. He would later earn the Bronze Star for his actions that day. Two months later, on August 7, 2011, Josh was out on patrol and was shot twice by an enemy combatant. He died shortly after. Sgt Josh Robinson was flown to Nebraska and laid to rest on August 12, 2011, in Hastings. Saint Cecilia's Church was filled for the funeral service, and hundreds of Patriot Guard riders led his procession. Fellow marine Lance Corporal Bristol often thinks of Josh, saying: Every day I was able to walk alongside Sergeant Robinson was a gift. He can never be replaced as a Marine, a leader, or a friend. To his wife Rhonda, he was a ``man's man'' and an ``amazing Marine brother.'' He took new marines under his wing, and he would bring them home to meet Rhonda and their children. Josh's sons Kodiak and Wyatt will remember motorcycle rides with their dad. They will cherish memories of him teaching them how to ride the mechanical bull and the snow ski. Nebraskans will remember Joshua Robinson for what he embodied and what it means to be one of the few, the proud--a marine. Sgt Joshua Robinson earned the Purple Heart, the Combat Action Ribbon, and was posthumously awarded the Bronze Star. He lived his life the way he served his country--with distinction and with great honor. Sgt Joshua Robinson is a hero, and I am honored to tell his story. Mr. President, I yield the floor. I suggest the absence of a quorum.