Senator Cramer’s Weekly Update April 15-21

Senate Passes FISA Reauthorization Legislation

Late Friday night, the United States Senate passed legislation to reauthorize Title VII of the Foreign Intelligence Surveillance Act (FISA) for another two years, along with other reforms. Without an extension, Section 702 of FISA was set to expire on Friday.

Enacted in 2008, Section 702 gives the federal government authority to conduct warrantless surveillance of suspected foreign terrorists located abroad. Specifically, the law allows the government to target almost any person or group abroad and acquire their communications without an individualized court order. However, Americans’ communications are inevitably caught up in the surveillance and their information has been abused by federal agencies.

I co-led an amendment with U.S. Senators Dick Durbin (D-IL), Mike Lee (R-UT), and Mazie Hirono (D-HI) to prohibit warrantless access to communications and other information of Americans, enhance privacy and civil liberty protections, and mandate the government obtain a warrant from the Foreign Intelligence Surveillance Court before accessing Americans’ private communications incidentally collected under Section 702. I voted against the final passage of the FISA reauthorization legislation after our bipartisan amendment was blocked by a vote of 42 to 50.

Senate Democrats Bury Impeachment Charges Against Homeland Security Secretary Mayorkas

On Wednesday, the United States Senate dismissed articles of impeachment against U.S. Secretary of Homeland Security Alejandro Mayorkas twice by a vote of 51 to 49. The U.S. House of Representatives impeached Secretary Mayorkas in early February for his unlawful handling of the crisis at the southern border.

The two articles of impeachment against Secretary Mayorkas alleged willful and systemic refusal to comply with U.S. immigration laws and breach of public trust by falsely testifying to Congress. Under the Biden administration, the United States has faced the worst border crisis in history with more than 9.2 million illegal crossings in just three years.

I voted no on the Democrats' motions to dismiss the two impeachment articles against Secretary Mayorkas.

Letter to Secretary Austin Highlights Concerns Over Divesting Airborne ISR Capabilities

The U.S. Air Force has developed a trend of rapid divestment from airborne intelligence, surveillance, and reconnaissance (ISR) platforms without producing new capabilities to replace them. These actions leave our troops unprotected, force our commanders to accept greater risk, and deny our civilian policy makers the best information available before having to decide whether to use military force.

On Monday, I led my Senate colleagues in a bipartisan letter to Secretary of Defense Lloyd Austin, emphasizing the necessity of airborne ISR and the strategy of investing in both air and space capabilities in order to successfully address our near peer threats and the mission needs of Combatant Commanders.

In our letter, we argue the, “…importance of ISR cannot be overstated. Whether it’s getting President Kennedy the information necessary during the Cuban missile crisis, getting our allies and partners what they need to maintain the peace of the Camp David Accords, or feeding and completing the kill chain against near peer adversaries and Violent Extremist Organizations (VEO), ISR provides the information necessary for the decision makers at every level.”

Despite persistent cuts to airborne ISR platforms such as the retiring of MC-12 Liberty, MQ-1 Predator, E-8C Joint Surveillance Target Attack Radar System (JSTARS), the RQ-4 Global Hawk Block 20s and 30s, and the MQ-9 Block 1, there has been no development of new, modernized airborne ISR platforms.

“While the Air Force divests airborne ISR, the Combatant Commanders have repeatedly warned Congress they are not receiving enough ISR. […] Admissions like this from top commanders in theater illustrate the concern is not theoretical. There are real-world gaps that must be addressed,” we continued in our letter. “The Air Force has a history of cutting ISR in order to meet other aspirations. […] We look forward to your candid assessment of the responsibility the US Air Force has to provide ISR capabilities, and we remain ready to contribute to a meaningful solution.”

We asked Secretary Austin whether the Air Force still has a requirement to provide airborne ISR capability to the Combatant Commands with sufficient capacity and operational flexibility to meet mission needs; if other services are buying their own ISR platforms to cover what the Air Force is dropping; if the Air Force’s Total Obligational Authority (TOA) will reflect that drop; and whether it is the United States’ best interest to vacate the airborne ISR domain and rely solely on space-based assets.

Additional members who cosigned the letter include U.S. Senators Jeanne Shaheen (D-NH), Deb Fischer (R-NE), and Tim Kaine (D-VA).

During a SASC hearing in March, I asked U.S. Central Command (CENTCOM) and U.S. Africa Command (AFRICOM) leadership about critical ISR needs. Most recently, I questioned Secretary Austin and Chairman of the Joint Chiefs of Staff General Charles Q. Brown, Jr. on the future of intelligence, surveillance, and reconnaissance (ISR), flat defense budgets, and the need to catch up to China’s capabilities.

U.S. Air Force Leadership Testify on Future of Airborne ISR and B-52 Modernization at SASC Hearing

The Senate Armed Services Committee (SASC) held a hearing on Tuesday where members heard testimony from Secretary of the Air Force Frank Kendall, Chief of Staff of the Air Force General David Allvin, and Chief of Space Operations General B. Chance Saltzman. The military leadership were questioned about their Defense Authorization Request for Fiscal Year 2025 and the Future Years Defense Program (FYDP).

During the hearing, I asked the witnesses about the future of airborne intelligence, surveillance, and reconnaissance (ISR) capabilities and the plan for reoptimization, particularly as it relates to the 319th Reconnaissance Wing located at Grand Forks Air Force Base. I also focused on the current and forthcoming modernization challenges for the B-52.

I first asked Secretary Kendall how low-density, high-demand units such as the Global Hawk Wing in North Dakota, or other ISR units within the Air Force, fit into its reoptimization plans released in February.

I added how modernization is important everywhere, in every mission, and space is critical to it. However, I shared I have recently talked with many people who are frightened about the gap between their ability to find, identify, and hit a target today and over the next few years. I then asked General Allvin to explain how he foresees the future of airborne ISR unfolding.

While the B-52 will remain the backbone of the bomber fleet through 2050, I expressed concerns there is a lack of commitment to essential modernization efforts. I probed Secretary Kendall to explain how these B-52 aircraft will be flown through 2050 without new engines and whether he will commit to finishing the Commercial Engine Replacement Program. Secretary Kendall confirmed the commercial replacement of the B-52 is proceeding.

North Dakota Congressional Delegation Introduces Bill to Help Fund the Theodore Roosevelt Presidential Library, Secure Artifacts for Display

Last week, U.S. Senator John Hoeven (R-ND), Congressman Kelly Armstrong (R-ND), and I introduced the Theodore Roosevelt Presidential Library Act, which would support the construction of the Theodore Roosevelt Presidential Library (TRPL) in Medora. The legislation would authorize funding for the library’s continued construction, ensuring the preservation of President Roosevelt’s history and legacy.

Governor Doug Burgum:

"With the introduction of the Theodore Roosevelt Presidential Library Act, we honor not just a president, but a transformative leader whose spirit was forged in the rugged beauty of North Dakota. Building on the substantial and essential investments from the state of North Dakota and private donors, this legislation represents a historic opportunity to honor President Roosevelt’s legacy and inspire future generations to embody his values of conservation, leadership and public service. We are grateful to Congressman Armstrong, Senators Hoeven and Cramer, and all partners involved for their steadfast commitment to making this vision a reality."

Edward O’Keefe, CEO of the Theodore Roosevelt Presidential Library:

"This legislation would be instrumental in completing the Library’s construction and help us achieve our goal of opening in time for our nation’s 250th-anniversary celebration. We are grateful for the support from the North Dakota Congressional Delegation as well as the State of North Dakota and private benefactors who have made this project possible. This legislation would be pivotal to the project’s development and establish the Theodore Roosevelt Presidential Library as the nation’s premier institution for bringing the legacy of this 20th-century President to a 21st-century citizenry.”

Theodore ‘Ted’ Roosevelt V, the great-great-grandson of President Theodore Roosevelt:

“Preserving Theodore Roosevelt’s legacy isn’t just about honoring the past, it’s about shaping the future. With the approval of this legislation, Congress will help ensure that the Theodore Roosevelt Presidential Library will be a beacon of inspiration, reminding us all of the values of conservation, leadership, and courage that define our national character. My family and I are grateful to the congressional delegation for spearheading this effort.”

Legislation Seeks to Overturn Burdensome SEC Climate Disclosure Rule, Protect U.S. Capital Markets

At the beginning of March, the Securities and Exchange Commission (SEC) finalized its climate disclosure rule, requiring publicly traded companies to disclose their greenhouse gas (GHG) emissions data. Upon implementation, this final rule will stifle economic opportunity while raising costs for consumers.

I joined Senate Banking Committee Ranking Member Tim Scott (R-SC) in introducing a Congressional Review Act (CRA) resolution of disapproval to nullify the SEC’s climate disclosure rule. The resolution will protect small business owners and stakeholders from burdensome regulations and preserve U.S. capital markets. Further, the legislation will safeguard economic opportunity throughout the country.

The SEC’s climate disclosure rule is completely outside the scope of its mandate. Under no circumstance should the SEC be concerned about direct or indirect emissions data because Congress never gave it this authority.

The SEC rule is the embodiment of the president’s extreme climate change agenda, designed to hinder American energy and bog down companies in endless, liability-laden reporting. It is already failing in court, and Congress should overturn it as well.

In January, I joined U.S. Senator Shelley Moore Capito (R-WV) in sending a letter to SEC Chair Gary Gensler, expressing our disapproval of the rule due to its negative impact on domestic energy producers, their access to capital, and higher energy prices. After the SEC announced its final climate disclosure rule in March, I issued a statement denouncing the mandate.

In April 2022, I led my Republican colleagues on the Senate Banking Committee and Environment and Public Works Committee in a letter to the SEC, requesting the withdrawal of the proposed rule.

Senators Oppose California Rule Threatening National Rail Network

In 2023, the U.S. Environmental Protection Agency (EPA) finalized a rule which rolls back the state preemption of in-use locomotives regulation, opening the door to the California Air Resources Board’s (CARB) waiver to implement stricter regulations on in-use locomotive emissions than the national standard.

CARB’s In-Use Locomotive Regulation would prohibit the operation of locomotives in California more than 23 years after manufacture unless those locomotives are operated in a zero-emissions configuration. Because this technology is not commercially available today, the regulation would impose significant operational and financial burdens on freight railroads operating in California, including both Class I and short line railroads.

On Tuesday, I joined U.S. Senator Pete Ricketts (R-NE) and our Senate colleagues in a letter to EPA Administrator Michael Regan opposing CARB’s rule which would jeopardize the rail industry, threaten supply chains, and derail our economy.

“Attempts to create state-specific operational rules, such as those envisioned by CARB, would jeopardize the interoperability of the national network and would threaten the overall health of the supply chain,” we wrote in our letter. “CARB has stated its goal is to force the railroads to convert their national fleets to the currently unavailable and untested zero-emission locomotives. The CAA does not grant EPA the authority to allow states to mandate specifications for the design and manufacture of locomotives – which is precisely what CARB seeks in its authorization request.

“If the EPA were to approve CARB’s authorization request, the results would be devastating for the rail industry and, subsequently, the economy as a whole,” we added. “In addition, the financial strain the spending account requirement of the Regulation would place on railroads could be multiplied across each other state that chooses to adopt the Regulation. Finally, the EPA’s actions could jeopardize the supply chain by forcing railroads to utilize largely unproven technology to power the locomotives.”

Letter to VA Secretary Requests Update on Non-Opioid Pain Management Options for Veterans

In the midst of an opioid pandemic, the U.S. Department of Veterans Affairs (VA) announced in 2023 it has significantly decreased the number of veterans with opioid prescriptions by 67% since 2012. However, estimates show opioids remain the default treatments for acute pain, with more than 3.75 million patients initiating long-term opioid use after a low-risk surgery.

Increasing the availability of non-opioids treatment options plays an important role in managing acute pain, while providing an alternative to prescribing opioids. In a letter to VA Secretary Denis McDonough, I joined U.S. Senators Jeanne Shaheen (D-NH), Shelley Moore Capito (R-WV), Tammy Baldwin (D-WI), and Mike Braun (R-IN), in asking the department to share the progress it has made in incentivizing the use of non-opioid pain management options to prevent addiction within the veteran community.

“Thank you for your ongoing commitment to providing best-in-class health care to our nation’s veterans, ensuring that we provide those who served with the same level of service that they offered our country. As our nation’s largest integrated health care system, the VA sets the standards for high-quality care. We write today to inquire about access to non-opioid pain alternatives throughout the VA system,” we wrote in our letter.

“We also know active-duty service members, veterans, retirees and their families are not immune to the opioid addiction crisis,” our letter continued. “Nearly half of combat wounded veterans report misuse of prescription opioids. Drug overdose mortality rates among veterans also increased by 53% from 2010–2019. Therefore, it is even more important to protect veterans from unnecessary exposure to prescription opioids.”

We requested the department provide responses to how many non-opioid pain alternatives are currently in the VA National Formulary, the frequency of non-opioid alternatives utilized in the VA system compared to opioid treatments for acute pain, the specific steps taken to transition from opioid analgesics to non-opioid pain alternatives to treat acute pain, and what Congress can do to help facilitate these efforts.

National Lineman Appreciation Day

On Thursday, we recognized National Lineman Appreciation Day. Lineworkers brave the freezing winter cold and the sweltering summer heat to ensure the lights stay on when we need it the most. What a great time to recognize these unsung heroes – women and men like my dad.

National Science Foundation Awards More Than $3.2 Million to North Dakota Tribal Colleges

The National Science Foundation (NSF) announced an award of $3,252,604 to three colleges in North Dakota through the Tribal Colleges and Universities Program, which seeks to increase the science, technology, engineering, and mathematics (STEM) instructional and research capacities of specific institutions of higher education.

The NSF awards will be distributed to the following institutions:

• $1,536,078 to Turtle Mountain Community College
• $898,948 to Sitting Bull College
• $817,578 to United Tribes Technical College

North Dakota Optometric Association

It is an honor to receive the American Optometric Association’s 2024 Health Care Leadership Award. A special thank you to North Dakota AOA members for presenting the award and for their continued work to advocate for optometric professionals and students across North Dakota.

Pavel Unguryan

It was a privilege to see my Ukrainian brothers and sisters in Christ, including my dear friend Pavel. One of them shared the heartbreaking story of how his wife and four-month-old son were killed in a Russian drone strike. I pray for strength for Ukraine and an end to this conflict.

General Christopher Mahoney, Assistant Commandant of the Marine Corps

I met with General Christopher Mahoney, Assistant Commandant of the U.S. Marines, ahead of this year's Senate Armed Services Committee Posture Hearing. General Mahoney is the second-highest ranking Marine Corps officer, and I appreciate his service leading our Marines, who defend our freedoms every day.

General Thomas Bussiere, Commander of the Air Force Global Strike Command

Thank you to General Thomas Bussiere, Commander of Global Strike Command, for meeting with me. We discussed the nuclear modernization needed for Air Force Global Strike Command to succeed, including the Sentinel program, new B-52 engines, and replacing the Vietnam-era Hueys.

Wab Kinew, Premier of Manitoba

I enjoyed meeting with Wab Kinew, the Premier of Manitoba, about the strategic relationship between the U.S. and Canada. We had a good conversation about how to build an even stronger partnership, especially in our key industries like agriculture and energy.

Constellation Energy

It was great to meet with Joe Dominguez, the President and CEO of Constellation Energy, about the importance of reliable, clean nuclear energy. Constellation Energy is one of the largest operators of nuclear power plants in the U.S., and I appreciate its leadership in this critical industry.

North Dakota Stockmen's Association

I always enjoy catching up with North Dakota Stockmen's Association members. During our meeting, we covered the upcoming Farm Bill, the importance of reliable livestock risk management tools, and ongoing efforts to protect the U.S. cattle herd from the threat of foot-and-mouth disease.