Senator Cramer’s Weekly Update June 3-9

POLITICO’s 2024 Energy Summit

I participated in a moderated discussion at this year's POLITICO Energy Summit on Wednesday with E&E reporter Kelsey Brugger. Throughout the conversation, we discussed my bipartisan PROVE It Act, permitting reform, carbon capture, the Inflation Reduction Act, and more.

We discussed our energy tax policy and encouraging innovation without discriminating against fossil fuels. If we want to have a full assessment of a fuel-neutral tax policy that recognizes the importance of outcomes rather than your desire for or against a fuel source, I’m all for that.

But right now we have competing policies and I’m not going to give up or unilaterally disarm my industries – whether it’s ethanol, coal-fired generation, or oil and gas – to the benefit of a competitor, especially one like wind that’s intermittent.

I highlighted the value of utilizing the 45Q tax credit for carbon capture and enhanced oil recovery. I warned if we kill the innovators in the oil, coal, and gas industry before the solutions and the innovations get to market, then we will never have the solution that provides an answer to reduce carbon in a reliable affordable electricity and energy market.

We also talked about promoting American excellence and getting the official data to prove it. My bipartisan PROVE It Act, which passed out of the Senate EPW Committee at the beginning of the year, would require the U.S. Department of Energy (DOE) to conduct a comprehensive study and submit a report comparing the greenhouse gas emissions intensity of certain products made in the United States versus those in foreign countries. If the goal is to reduce global emissions, the answer is to produce more in America. Our PROVE IT Act acknowledges American excellence while protecting workers and businesses from unfair tariffs and foreign competitors seeking to undercut them.

In addition to talking about our own leadership and international trade relationships, I expressed my support for policies focused more on maintaining and fostering alliances with other countries such as Norway, Ukraine, and Canada.

We have lots of friends and allies and we need to have a strategy with all of them, so that we don't give up both the economic advantage of multiple players, but also are able to strategically decouple from China in particular and other adversaries.

Back home in North Dakota, our innovators and energy producers should not be held back by the federal government's permitting mediocrity. As a former regulator and a true believer in federalism, I would love a really big, grand reform package. It would be productive to get the right people at the table with the right leverage points, aspiring to take the things we can do that benefit all sources of energy.

Senators Introduce CRA Resolution of Disapproval to Overturn EPA Clean Power Plan 2.0

I joined U.S. Senator Shelley Moore Capito (R-WV), Ranking Member of the Senate Environment and Public Works (EPW) Committee, in introducing a Congressional Review Act (CRA) resolution of disapproval to overturn the Biden administration’s Clean Power Plan 2.0 rule.

The rule requires existing coal generation plants to shut down unless plants install commercially-unavailable carbon capture equipment. Similarly, it forces new natural gas generation to operate at diminished capacity unless they install commercially-unavailable carbon capture equipment. An additional rulemaking for existing natural gas generating facilities is forthcoming.

The Biden administration has been infiltrated by radical environmentalists and has outsourced its policy making decisions to them versus the engineers running the grid. The Clean Power Plan 2.0 rule is fundamentally impractical, unworkable, and discriminatory against the very fossil fuels which power the country. Our grid cannot operate off of solar and wind alone, as it relies on the coal and natural gas liberals love to demonize. The intended goal of these rules is obvious: to regulate North Dakota’s fossil fuel industries out of existence at the expense of American consumers and reliable power generation. Our CRA resolution will rightly overturn this illegal, burdensome rule and ensure we have dependable, affordable power.

Letter Requests VA Study Potential Harmful Effects of New Staffing Rule on Long-Term Care Facilities

I led a letter with U.S. Senator Angus King (I-ME) to Secretary Denis McDonough, highlighting the anticipated negative effects of the Centers for Medicare and Medicaid Services' (CMS) new staffing mandate on access to long-term care services, especially for the veterans and seniors located in rural areas.

In the letter, we request the Department of Veterans Affairs (VA) produce a report on the impact of the CMS rule. This staffing rule has now been finalized and understanding the potential impact on veterans is even more critical.

Our healthcare system is grappling with a severe shortage of qualified nurses and caregivers, spurred in part by challenges exacerbated by the COVID-19 pandemic. […] Long-term care facilities in Maine, North Dakota, and across the country have struggled to recover post-pandemic – we cannot simply will a new pipeline of healthcare workers into existence, and without staff to fill the required positions, many facilities face imminent closure.

Senators Introduce Resolution Against CMS Staffing Standards for Long-Term Care Facilities

The Centers for Medicare and Medicaid Services (CMS) announced a final rule in April, imposing minimum staffing requirements for long-term care facilities (LTC), which provide care to nearly 1.2 million residents across the nation. According to the American Health Care Association (AHCA), this rule will exacerbate the existing workforce shortages and significantly harm access to care in rural communities.

I joined U.S. Senator James Lankford (R-OK) in cosponsoring a Congressional Review Act resolution of disapproval against the final rule issued by CMS.

These one-size-fits-all mandates for nursing homes will exacerbate staffing and access challenges across the country by requiring unattainable standards, especially in rural communities. Unrealistic staffing requirements will force the closure of facilities, depriving seniors and veterans of the long-term care options they deserve. These rules should be overturned.

FHWA Administrator Answers Questions on Greenhouse Gas Emissions Rule, Benefits of Formula Funding

The Senate Environment and Public Works (EPW) Committee held a hearing to conduct oversight on the U.S. Department of Transportation’s (DOT) Federal Highway Administration (FHWA). During the hearing, I questioned FHWA Administrator Shailen Bhatt about the agency’s greenhouse gas (GHG) emissions rule and highlighted the importance of distributing highway funds to the states through formula, which was a key component of the Bipartisan Infrastructure Law (BIL).

In November 2023, the FHWA finalized a rule forcing state departments of transportation and metropolitan planning organizations to measure GHG emissions on the highway system and then set declining targets, despite lacking any authority from Congress to do so. Two federal courts found the rule unlawful and I later led a bipartisan Congressional Review Act resolution of disapproval to overturn the illegal rule. It passed the U.S. Senate on April 10. Recently, FHWA announced its decision to challenge both rulings through the appeals process.

Over the last couple of years, I have repeatedly raised concerns over the legality and impracticality of the FHWA’s GHG emissions rule. 

Since the last time [Administrator Bhatt was] before us, not one but two federal courts have agreed, and said that this was an unlawful rule. Following those two rulings, the United States Senate passed my Congressional Review Act resolution, with 53 votes, which means it was bipartisan, a resolution supporting that position. And yet, I see that you all have appealed the decision of the courts and continue to pursue this unlawful rule, as though you have a license to do something that Congress has not given you. What's the point of wasting taxpayer dollars and time and resources on a rule that's so clearly illegal?

Later in the hearing, I highlighted the benefits of distributing highway funds to the states through a standard formula so states can efficiently plan and complete infrastructure projects as FHWA struggles administering discretionary grants in a timely fashion. I advocated for increasing the percentage of formula funding to avoid the delays experienced by FHWA.

Lignite Energy Council, NRECA File Petition for Review of EPA’s MATS Regulations

The Lignite Energy Council and the National Rural Electric Cooperative Association (NRECA) filed a Petition for Review in the D.C. Circuit Court of Appeals on Monday against the U.S. Environmental Protection Agency’s (EPA) new Mercury and Air Toxic Standards (MATS). This petition is the initial step in filing litigation. The MATS rule, finalized at the end of April, will tighten the emission standards of mercury and non-mercury metals for existing lignite-fired power plants. Since 2010, mercury emissions from coal-fired power plants have been reduced by 90% and non-mercury metals by more than 81%.

The Biden administration’s Mercury and Air Toxic Standards are onerous and costly, showing their real goal is to kill reliable, affordable coal. The American public is already paying drastically more for less dependable energy, and this regulation will accelerate grid unreliability across the country. North Dakota’s coal industry must be protected from the liberals who wish to regulate it out of existence. I commend the Lignite Energy Council and the National Rural Electric Cooperative Association for taking legal action against this discriminatory rule.

Biden Administration Issues Executive Order Addressing Southern Border Crisis

President Joe Biden issued an executive order on Tuesday in an effort to address the crisis at the southern border. By issuing this executive order, it is an admission by the president that he could have done something to remedy the crisis three and a half years ago, and chose not to do it. This is a political gimmick for an administration irredeemable on immigration policy. Americans deserve better.

This executive order is a stunt. The American people have not forgotten how this mess was created: Joe Biden axed the successful Trump policies and invited millions of illegal immigrants. When he facilitated this influx, he and his administration refused to acknowledge there was even a problem, much less a crisis. Now that Biden has realized the American people’s memory isn’t as short as his is, he is making a half-hearted attempt to rectify his wrongdoing.

The Hill on NewsNation

Prior to President Biden's executive order, I joined Blake Burman from The Hill on NewsNation to discuss President Biden's expected announcement of an executive order to address the southern border crisis. This order is an admission he could have done something about it all along. He's irredeemable on this topic.

Mornings with Maria

I joined Maria Bartiromo on Mornings with Maria to discuss President Biden's too-little too-late immigration executive order, the administration's hostile and market-distorting energy policies, and growing support for President Trump.

Defense Nuclear Facilities Safety Board

I enjoyed meeting with folks from the Defense Nuclear Facilities Safety Board on Tuesday. I appreciate them taking the time to update me on the current challenges they face with limited board members and the importance of their role in nuclear safety oversight.

Department of the Interior Deputy Secretary Nominee Shannon Estenoz

I met with Assistant Secretary Shannon Estenoz on Tuesday to discuss her nomination to be the Department of the Interior Deputy Secretary and important issues facing North Dakota. The Department has a real impact on our livelihoods and needs to do better collaborating with our state, energy producers, and landowners.

Huntington Ingalls Industries

I met with Chris Kastner, CEO of Huntington Ingalls Industries, on Wednesday to discuss building and maintaining our nation's critical shipbuilding capability.

National Grain and Feed Association

I sat down with National Grain and Feed Association members from North Dakota to discuss the Farm Bill and opportunities to expand market access for our growers.

Yehuda Neuberger

I had a meaningful conversation with my good friend Yehuda Neuberger on Wednesday regarding the importance of supporting Israel and pushing back against antisemitism.

Flasher Public School's Close Up Trip

One of the most enjoyable parts of my job is meeting with North Dakota students, this time from Flasher, during their Close Up trip. It was a pleasure showing them our nation’s Capitol and discussing its inner workings.

FAA Awards Nearly $300,000 to Airports Across North Dakota

The U.S. Department of Transportation's Federal Aviation Administration (FAA) announced the award of $292,800 to two airports in North Dakota. This funding, which will be distributed by the FAA's Airport Infrastructure Grant (AIG) program, will go towards the following projects and initiatives:

• $175,000 to Bottineau Municipal Airport for the reconstruction of an airport beacon.
• $117,800 to the Tioga Municipal Airport for the reconstruction of taxiway lighting.

The AIG program was established by the fully paid-for Bipartisan Infrastructure Law to provide airports with funding for modernization and safety projects.

U.S. Department of Health and Human Services Awards More Than $2.4 Million to North Dakota

The U.S. Department of Health and Human Services (HHS) announced the award of $2,473,598 to North Dakota. The awards will be distributed to the following programs and initiatives:

• $2,111,098 to the North Dakota Department of Health and Human Services for cancer prevention and control programs.
• $362,500 to North Dakota State University through the National Institute of General Medical Sciences.