Senator Cramer’s Weekly Update february 5-11

Senate Works Over the Weekend on National Security Supplemental Package

Early last week, Senate negotiators released text of their bipartisan border proposal. After reading the text, there were some really good policies, but the bill provided too many openings for bad behavior from an administration unconcerned with the threats we face at the southern border. Based on a decades-long track record, we know Democrats and our adversaries will take advantage of every loophole and every loose end.

There could not have been a better border negotiator than U.S. Senator James Lankford (R-OK), whose unquestioned subject-matter expertise on the issue of border security lent immense credibility to this discussion. He made great progress and was as open and transparent as he could be, but secretive negotiations and Congress’ all-or-nothing approach left little room for success.

In the end, poor process failed us again. The American people deserve better. Every bill should go through committee, where debate is transparent and members have a say. It is time to act like the world’s most deliberative body, instead of the world’s most secretive one.

On Tuesday evening, I joined Amna Nawaz on PBS NewsHour to discuss the supplemental package and my reasons for choosing to vote against the legislation.

On Wednesday, the Senate took up the supplemental package without including the border provisions. I voted against proceeding to the bill because Leader Schumer did not guarantee a thorough amendment process to improve it.

The Senate worked through the weekend in hopes of achieving a plan allowing amendments to the supplemental package, which largely modernizes America’s military and provides aid to our allies in Israel, Ukraine, and Taiwan. Whatever our outcome, we will send the bill to the House where the Republican majority can improve the bill before final passage in both chambers.

Resolution Introduced to Overturn FHWA’s Illegal, Impractical GHG Emissions Performance Measure Rule

The Federal Highway Administration (FHWA) finalized a rule in November 2023, imposing greenhouse gas (GHG) emissions performance measures on state departments of transportation and metropolitan planning organizations despite lacking the authority from Congress to do so. This misguided regulation is another case of gross federal overreach from the Biden administration, which saddles states with burdensome and unlawful requirements.

I introduced a bicameral, bipartisan Congressional Review Act (CRA) Joint Resolution of Disapproval to nullify the FHWA rule and illustrate Congress’ objection to this federal overreach. I was joined by U.S. Senators Shelley Moore Capito (R-WV) and Joe Manchin (D-WV), as well as Congressman Rick Crawford (R-AR-01) and Chairman Sam Graves (R-MO-06).

The absence of a prohibition is not a license, and yet the Biden administration pushed this illegal and infeasible regulation anyway.

New York and North Dakota have very different transportation systems, needs, and capabilities, but under this one-size-fits-all mandate, they’re effectively treated the same. A subway stop at a cattle ranch is silly and unserious, and so is the idea of widespread EV use in North Dakota.

Nearly half the Senate cosponsored this resolution from the onset, showing strong appetite for this rule to be defeated.

The resolution has garnered support from the North Dakota Department of Transportation and dozens of stakeholders across a wide range of industries. A letter of support for the resolution from stakeholders can be accessed here. Find a one pager on the resolution here.

Over the last couple of months, I have engaged in many efforts to prevent the Biden administration from finalizing this mandate. In December, I penned an op-ed in the Wall Street Journal, highlighting FHWA’s lack of statutory authority to issue the rule, and stressed its unworkable nature for rural states.

The European Union Wants to Tax American Producers; Here’s How We Can Protect Our Industries

U.S. Senator Cynthia Lummis (R-WY) and I penned an op-ed in The Epoch Times, emphasizing the Providing Reliable, Objective, Verifiable Emissions Intensity and Transparency (PROVE IT) Act protects American workers from harmful foreign carbon taxes.

The PROVE IT Act would require the U.S. Department of Energy (DOE) to conduct a comprehensive study and submit a report on the greenhouse gas emissions intensity of certain products produced in the United States and in certain foreign countries. As members hailing from strong coal, oil and natural gas producing states, Senator Lummis and I explained our opposition to a domestic carbon tax and how the legislation would arm the United States with the necessary tools to shield industries from unfair tariffs and taxes.

“We recognize the devastating blow a regressive domestic carbon tax would deal to our producers already grappling with this administration’s assault on domestic energy, which is why this bill expressly states it will not lead to a carbon tax,” we wrote. “Rather, it arms the U.S. with the data we need to shield our industries from unfair tariffs and taxes. Moreover, this legislation positions U.S.-based companies to earn more business from global allies without granting any federal agency the authority 'to impose, collect or enforce a greenhouse gas emissions tax, fee, duty, price or charge.' That is a direct quote from the PROVE IT Act, not political spin or jargon.”

“Our states set the bar for responsible energy production, and we need to be ready to defend our industries from unfair tariffs based off data the E.U. is already collecting to enforce a carbon border adjustment mechanism in 2026. […] We must have our own reliable data to fight back. It is in our self-interest to be proactive against any tariff levied on American competitiveness. Right now, we are sitting ducks and when American producers and manufacturers get hit with a European tax in two years, they will look to us. PROVE IT is a chance to be prepared,” we concluded. “As we keep fighting against the Biden administration’s war on domestic energy production, we must use every tool we have available to promote American producers and ensure we remain well-positioned to continue setting the standard for unparalleled global energy production.”

North Dakota Delegation Requests USPS to Expand Postal Audit, Address Mail Processing Issues Across the State

In light of the ongoing postal challenges across North Dakota, U.S. Senator John Hoeven (R-ND), U.S. Representative Kelly Armstrong (R-ND), and I called for the U.S. Postal Service (USPS) Inspector General to expand an ongoing postal audit of the North Dakota-Minnesota district to include communities statewide and to inspect proposed changes to mail processing for the Bismarck and Grand Forks regions.

We cited concerns from constituents including mail and newspaper delays, broken and unavailable cluster box units as well as ongoing concerns and questions regarding USPS’ proposal to relocate some mail processing in surrounding areas.

“We write following your office’s recent announcement that it is expanding the ongoing audit and evaluation of United States Postal Service (USPS) delivery operations across the Minnesota-North Dakota district to include the Bismarck, Mandan, and Minot Post Offices in North Dakota. We appreciate your decision to include these facilities in the scope of the audit as a result of the concerns we raised on behalf of our constituents,” we wrote in our letter. “Due to the wide range of issues facing the postal service across our state, we request that you further expand the ongoing district-wide audit to include additional postal facilities in North Dakota, as well as a full examination of the potential mail delivery impacts resulting from implementation of the USPS’ Mail Processing Facility Review (MPFR) proposals for Grand Forks and Bismarck.”

North Dakota Delegation Requests Major Disaster Declaration, Assistance for Severe Winter Storm Recovery

On January 26, Governor Doug Burgum submitted a request for a presidential major disaster declaration due to damages caused by the recent severe winter ice storm which occurred across North Dakota from December 25 to December 27. The ice storm affected 13 counties, destroyed over 2,000 electrical poles, and left more than 20,000 North Dakota residents without power for multiple days.

The affected counties include: Barnes, Cass, Dickey, Grant, LaMoure, Logan, McIntosh, Ransom, Richland, Sargent, Steele, Stutsman, and Traill. While the counties of Burleigh, Grand Forks, Griggs, Kidder, and Wells were also affected by the ice storm, the damages did not exceed the required per capita thresholds as indicated by the governor.

U.S. Senator John Hoeven (R-ND), U.S. Representative Kelly Armstrong (R-ND), and I sent a letter to President Biden in support of North Dakota’s presidential major disaster declaration request.

“Preliminary Damage Assessments indicate more than $11.5 million in expected damages,” we wrote in our letter. “North Dakota continues to recover from the late December ice storm and is therefore requesting a major disaster declaration for 13 counties. […] We support the State’s request and urge you to approve it as soon as possible so the necessary Federal resources can be made available to North Dakotans. Thank you for your prompt attention to our request, and please do not hesitate to contact us if we can provide any additional information.”

Amicus Brief Challenges Interpretation of Statute Used for January 6 Prosecutions

The Supreme Court of the United States is set to weigh in on Joseph Fischer v. United States, a critical case challenging the Biden administration’s interpretation of Section 1512(c)(2) of the Corporate Fraud Accountability Act of 2002, which was originally established in the aftermath of the Enron scandal to address financial crimes cases and evidence tampering. This administration’s interpretation of Section 1512(c)(2) has brought cases against more than 300 individuals who participated in the January 6 riot at the United States Capitol, claiming they obstructed an official government proceeding.

I joined U.S. Senator Tom Cotton (R-AR) in filing an amicus brief in Joseph Fischer v. United States, arguing the administration’s application of Section 1512(c)(2) infringes on First Amendment rights and sets a standard of politicizing prosecutions. We explained the majority’s opinion criminalizes political conduct and grants the Department of Justice discretion to prosecute Americans based on their political beliefs.

Additionally, the amicus brief emphasizes the need for the Court to institute standard principles of interpretation, which would narrow the scope of Section 1512(c)(2) and eliminate “highly-politicized and high-stakes criminal prosecutions of perceived political opponents.”

U.S. District Court of Arizona Vacates 2020 Registrations of Three Dicamba Herbicides

The U.S. District Court of Arizona in Tucson issued a ruling which vacated the 2020 registrations of three Dicamba herbicides– Bayer Xtendimax, BASF Engenia, and Syngenta Tavium– for over-the-top (OTT) applications for soybeans. Dicamba is used as a treatment to control annual, biennial and perennial broadleaf weeds in a variety of food and feed crops.

Similar to what we witnessed in 2020, the Court’s last minute ruling places unnecessary uncertainty on our soybean producers ahead of the 2024 season.

While the products were previously approved by the Environmental Protection Agency, the ruling claimed the 2020 registrations were unlawful. The Court found the EPA violated Federal Insecticide, Fungicide, and Rodenticide Act notice and “comment mandates for issuing “new use” pesticides for OTT dicamba for drought-tolerant crops (cotton and soybean).” We are closely monitoring the situation along with the delegation, North Dakota Ag Commissioner Doug Goehring, and our state’s growers and applicators.

UK Secretary of State for Northern Ireland & UK Ambassador

I enjoyed my conversation with Secretary of State for Northern Ireland Chris Heaton-Harris and British Ambassador to the United States Dame Karen Pierce. We discussed the strategic relationship between the UK and America and the importance of ensuring the success of the AUKUS partnership.

National Border Patrol Council

I met with the National Border Patrol Council to speak about the crisis at our southern border. Our Border Patrol agents are doing their best to manage the onslaught they are facing. The Biden administration has failed them by creating this mess.

Orthodox Union Advocacy Center

I sat down with Nathan Diament, the Executive Director of the Orthodox Union Advocacy Center, to discuss the strong friendship between the U.S. and Israel. We also spoke about how we can ensure the safety of Jewish worship and synagogues across the United States. May God bless and protect the people of Israel.

New Flyer Industries Group

I met with New Flyer Industries Group CEO Paul Soubry to receive an update on the Pembina facility and discuss ways to address financial challenges facing the bus manufacturing industry. I look forward to working with them to find solutions to strengthen their operations in North Dakota and across the U.S.

Chevron's President of Americas Exploration and Production

I had a productive meeting with Bruce Niemeyer, Chevron’s President of Americas Exploration and Production Strategy, to speak about their operations throughout the Americas and the importance of encouraging domestic energy production.

North Dakota Department of Transportation

I enjoyed sitting down with the North Dakota Department of Transportation to discuss my efforts to overturn the Biden administration’s illegal greenhouse gas regulation and how the department is using Infrastructure Investment and Jobs Act funds to best serve North Dakotans. North Dakota always does it better than D.C.!

North Dakota Tribal Colleges & Universities

There’s no better way to celebrate National Tribal College and Universities Week than hearing from our North Dakota tribal college students! I was deeply touched by their stories and appreciated hearing about the work these important institutions are doing.

Canadian American Business Council Reception

Thanks to the Canadian American Business Council for hosting an event celebrating the friendship between the U.S. and Canada. I caught up with Ambassador Kirsten Hillman and Premier Danielle Smith of Alberta about our shared energy goals and how the American Canadian Economy and Security (ACES) Caucus I co-chair can partner with them.

HHS Awards More Than $1 Million for North Dakota Head Start Programs

The U.S. Department of Health and Human Services (HHS) Administration for Children and Families announced a total of $1,095,580 to the Community Action Region VI in Jamestown for Head Start and Early Head Start. These programs provide services for low-income families with young children and encourage communities to support the physical, cognitive, social, and emotional development of infants and toddlers.