Senator Cramer’s Weekly Update January 8-14

Former North Dakota Senator Dwight Cook Remembered

I was very sad to learn of former state Senator Dwight Cook’s passing. I’ve known Dwight for a long time, since I was in high school in Kindred when Dwight sponsored and coached a softball team, and they were desperate enough a couple of times to even have me play for them. Dwight was a softball aficionado, kind of like he was a tax expert. He was serious, he was knowledgeable, even intense at times, but always joyful, never angry.

I worked closely with Dwight on finance and tax policy when I was Economic Development Director in the Schafer administration and I remember there was a threat of the oil refinery in Mandan being shut down. Dwight and I went to work together right in the middle of the session, finding some tax policy that would create enough of an incentive to keep that very important asset open, creating those great jobs and producing refined oil products.

We all will miss him a lot, but we'll see a lot of him for a long time because he helped shape a tax regime in our state that creates the foundation of economic growth we've seen in North Dakota for the last couple of decades, and that will continue because of the incredible work Dwight prepared and did for our state.

It’s times like this where I regret not spending more time with him, quite honestly. I pray for his family, and I’m just grateful he was a friend.

Senators Express Concerns, Request Answers on Secretary Austin’s Recent Hospitalization

The Department of Defense (DOD) failed to inform the White House’s National Security Council and members of Congress of Defense Secretary Lloyd Austin’s recent hospitalization, where he spent four days in the intensive care unit at Walter Reed National Military Medical Center.

Secretary Austin was admitted to the hospital on January 1, for complications from a December surgery to treat prostate cancer and was not released until January 15.

I joined Senator Roger Wicker (R-MS) and every Republican member of the Senate Armed Services Committee in writing a letter to Secretary Austin, expressing our concerns regarding the communications breakdown between the Pentagon, the White House, and elected officials. We also requested a detailed timeline of events related to his hospitalization and how the DOD designated the secretary’s duties and responsibilities to his subordinates during his vacancy.

At the time of Secretary Austin's hospitalization, Deputy Defense Secretary Kathleen Hicks was on vacation in Puerto Rico, and given incomplete information about his status. The third in line among Pentagon civilian leadership, Derek Chollet, nominee to be Undersecretary of Defense for Policy, has not been confirmed by the Senate. Ongoing conflicts in the Middle East and Ukraine, coupled with a leadership vacuum from our nation’s top three defense officials, have warranted considerable apprehension and necessitates oversight to ensure it is not repeated.

North Dakota’s Motion to Intervene in Litigation Against the EPA Granted

Last week, the state of North Dakota’s motion to intervene in litigation filed by the Sierra Club against the Environmental Protection Agency (EPA) was granted. Of the 37 states involved in the litigation, North Dakota was the only one to intervene.

On August 11, 2022, North Dakota filed its latest state implementation plan for the federal Regional Haze Program with the EPA, which aims to achieve natural visibility conditions in national parks and wilderness areas. While the EPA determined the plan included sufficient information, it has yet to act within the statutory clock, allowing the Sierra Club, National Parks Conservation Association, and Environmental Integrity Project to file litigation against the EPA. North Dakota’s plan recognizes the state has already met or exceeded its targets and will continue making progress without imposing dramatic cost increases on energy producers.

Senators Cramer, Capito Push Back Against SEC’s Burdensome Climate Disclosure Rule

U.S. Senator Shelley Moore Capito (R-WV) and I wrote a letter to the U.S. Securities and Exchange Commission (SEC) Chair Gary Gensler regarding its proposed rule on climate-related disclosures for publicly-traded companies to disclose their greenhouse gas (GHG) emissions and other climate change-related information.

In the letter, we state the proposed rule pushes the Biden administration’s anti-American energy rhetoric, arguing the adoption of this rule hinders domestic energy producers’ access to capital and fuels even higher energy prices.

“Congress did not change the SEC’s regulatory authority, and in fact, the Environmental Protection Agency is the federal agency charged with air emissions reporting and regulation. This begs the question of where the SEC’s presumptive and duplicative jurisdiction comes from. Moreover, required reporting of estimated Scope 3 emissions results in substantial over counting of emissions upstream and downstream in supply chains,” we wrote in our letter.

“In addition to the SEC’s lack of authority, current securities regulations already mandate companies divulge significant risks in their annual and periodic reports. Numerous companies already voluntarily share extensive details about their sustainability practices to comply with the Supreme Court’s materiality principles,” we continued.

In April 2022, Senator Capito and I led our colleagues on the Senate Banking and Environment and Public Works (EPW) committees in a previous letter to the SEC, expressing our opposition to the draft rule and requesting the Commission to abandon its adoption.

“Since our initial letter nearly two years ago, the SEC has left the business community in regulatory limbo. Recent public reporting of your comments has stated: “it appears the SEC is delaying the final rule while they try to find a legal workaround to include Scope 3.” Rather than performing legal gymnastics and subjecting the American economy to further uncertainty, we reiterate our request for the SEC to not adopt a final rule,” we concluded.

Senators Introduce Bill to Allow States to Utilize Temporary Structures to Secure Border

Since President Biden took office in 2021, there have been at least eight million illegal border crossings into the United States and more than 5 million apprehensions at the southern border.

Along the southern border, Texas and Arizona have constructed temporary barriers made out of shipping containers in order to fill gaps in the unfinished border wall. After the U.S. Department of Justice sued Arizona, claiming the containers along the southern border violated federal law, the state started to remove the containers. However, Texas has maintained its wall of shipping containers.

I joined U.S. Senator Marsha Blackburn (R-TN) in introducing the Creating Obstructions Necessary to Address Illegal and Nefarious Entry Rapidly (CONTAINER) Act. This legislation would allow border states to take action on specific federal lands to secure an international border of the United States.

Specifically, the legislation authorizes border states to place temporary, moveable structures on federal land for the purpose of securing the border without first seeking federal approval. The CONTAINER Act would allow states to keep these structures on federal land for up to a year, subject to 90-day extensions.

Resolution Condemns Attacks by Iran Militia Groups on U.S. Forces, Emphasizes Importance of Deterring Attacks

To condemn the ongoing attacks by Iranian military proxies on the armed forces of the United States serving in Iraq and Syria, U.S. Senators Chris Coons (D-DE), Ted Cruz (R-TX), and I introduced S. Res 515. This resolution emphasizes the urgency of responding to and deterring future attacks.

Nearly three weeks ago, a drone attack by an Iran-affiliated militant group on the Erbil Air Base in northern Iraq left three service members wounded, including U.S. Army pilot and North Dakota native Garrett Illerbrunn. In response to the attack, President Biden ordered retaliatory strikes on three sites used by Kataib Hezbollah and affiliated groups focused specifically on unmanned aerial drone activities.

Iran-backed militia groups frequently target United States Armed Forces in Iraq and Syria, including through loitering munitions, improvised explosive devices, rockets, and ballistic missiles. These attacks by Iran-backed militia groups on U.S. armed forces stationed in the Middle East increased significantly following the October 7, 2023 terrorist attack by Hamas, another Iranian proxy, on Israel.

This resolution calls on the Biden administration to take the necessary steps to deter Iran from inflicting more attacks. Additionally, S. Res 515 requests the administration declare further incitements by Iran will be met with a swift and decisive response in full coordination with U.S. allies and partners to address the threat Iran-backed militia groups pose to the U.S. and allied forces in the Middle East.

Senators Introduce Legislation to Expand Pre-Enrollment for Combat Veterans

Under the Combat Veterans Pre-Enrollment Act of 2023, veterans currently serving in a theater of combat operations will be eligible to pre-enroll into the Veterans Healthcare Administration (VHA) system six months prior to their discharge. This way, they can use VHA medical care immediately upon separation instead of waiting to enroll one day post separation.

Each year, more than 200,000 servicemembers transition from military to civilian life. Under existing law, transitioning servicemembers must wait until they have left the service and received their official separation paperwork — which can take months — to apply for VHA health care and other services, creating an unacceptable period where veterans do not have access to the health care benefits they earned.

I joined U.S. Senators Angus King (I-ME), Mike Rounds (R-SD), and Joe Manchin (D-WV) in introducing the bipartisan Combat Veterans Pre-Enrollment Act of 2023, which will cover up to 13,000 active-duty individuals, according to preliminary estimates.

Studies have shown the first year of servicemember’s transition to civilian life is the most difficult and a time when they are at a higher risk to commit suicide. By allowing servicemembers who have served in combat to pre-enroll in VHA care, they will have access to the mental and physical care they deserve immediately upon separation — helping to mitigate impacts of PTSD and reducing the risk of suicide.

Senators Introduce Legislation Allowing Tribal Governments to Obtain Federal Surplus Property

When the federal government determines a property is surplus, state and local governments can apply to acquire it at below market value if it’s for public use. I joined my colleagues in introducing the GSA Disposal Process Tribal Parity Act of 2024, legislation amending the General Service Administration’s (GSA) disposal process for surplus federal property.

Specifically, this legislation will incorporate tribal governments into the disposal process, providing them an equal opportunity to obtain property suitable for disposal.

Orthodox Union Advocacy Center

It was an honor to speak to the Orthodox Union Advocacy Center. I shared how my mother always told me, “If you bless Israel, you’ll be blessed, and if you don’t, you won’t.” Our nations are intertwined by our values, and it is my honor to support and defend Israel’s right to exist.

John Hess

I caught up with my good friend and the CEO of Hess Corporation, John Hess. His company invested early in the Bakken and has been a great member of the business community in North Dakota. I’m grateful for John's leadership and commitment to our state.

Ronald Reagan Institute

I had a productive conversation with Ronald Reagan Institute Director Roger Zakheim and Policy Director Rachel Hoff about President Reagan’s legacy of peace through strength and how it applies to the world today.