Senator Cramer’s Weekly Update January 15-21

Senate EPW Committee Passes Bipartisan PROVE IT Act

On Thursday, the Senate Environment and Public Works (EPW) Committee marked up several bills, including my Providing Reliable, Objective, Verifiable Emissions Intensity and Transparency (PROVE IT) Act. The legislation passed the Senate EPW Committee by a vote of 14 to 5.

The bipartisan PROVE IT Act, which I introduced in June with U.S. Senator Chris Coons (D-DE), 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. Existing data shows the United States has a distinct carbon advantage over its global competitors.

During the markup, I emphasized the PROVE IT Act is not a carbon tax or tariff, stating if it was either of those, it would be under the Finance Committee’s jurisdiction. I reiterated my opposition to a domestic carbon fee and quoted the legislation, which precludes the use of PROVE IT to authorize any such tax. I reminded the committee a carbon border adjustment is not theoretical. It is being implemented today in Europe.

I also stressed the need to give credit where credit is due, specifically to the American workers who abide by the highest environmental standards in the world. The PROVE IT Act ensures their compliance is not undercut by foreign competitors with lower environmental standards.

This markup was a productive step toward gathering the data we need to prove what we already know: we produce energy and manufacture goods cleaner than anyone else in the world.

If the goal is to reduce global emissions, the answer is to produce more in America. Our bipartisan PROVE IT Act acknowledges American excellence while protecting workers and businesses from unfair tariffs and foreign competitors seeking to undercut them.

With the looming implementation of the European Union and United Kingdom’s carbon border adjustment mechanism (CBAM), certain American goods and products exported to Europe will be unfairly taxed. The PROVE IT Act study will compile the necessary date to rebut these tariffs. If the United States does not complete its own study, American businesses will be subject to whatever calculations Europe determines. The legislation makes clear this study does not authorize any new carbon taxes or regulations on domestic producers.

Bicameral Legislation Would Allow Pregnant Mothers to Receive Child Support

Nearly a year and a half after the U.S. Supreme Court’s decision on Dobbs v. Jackson Women’s Health Organization, which overturned both Roe v. Wade and Planned Parenthood v. Casey, the number of children born annually has increased by approximately 32,000 based on the first six months of 2023. The number of births also increased by 2.3% in states where abortion was banned.

To support expecting mothers and their unborn children, U.S. Representative Claudia Tenney (R-NY-24) and I reintroduced the Unborn Child Support Act. This bicameral bill would allow mothers to receive child support from the father of their child during pregnancy.

New mothers and unborn children deserve care from conception, and child support should reflect this. Modifying child support laws to allow pregnant mothers to receive it is common sense and long overdue.

Instead of imposing mandates, our bill empowers mothers by giving them the choice to receive pre-natal child support. Now, more than ever, there is a greater responsibility for Congress to pass legislation to protect and support mothers and children.

This piece of legislation would require judges to consult with mothers on payment plans and give mothers discretion as to whether or not child support payments will be awarded retroactively. In addition, the bill would direct all paternity tests be at the discretion of the mother and not be conducted if the test puts the child at risk.

Senate Advances Short-Term Spending Bill as Government Shutdown Deadline Approaches

On Thursday, I voted against a continuing resolution (CR), a short-term funding measure which would continue Fiscal Year 2024 appropriations for federal agencies through the beginning of March. This measure passed the Senate by a vote of 77 to 18 and the U.S. House of Representatives with a vote of 314 to 108. It was signed by the President on Friday.

This vote averted a partial shutdown, but we shouldn’t pat ourselves on the back for doing the bare minimum. The American people deserve better than this mayhem, passing one stopgap bill after another. Congressional leaders need to get their act together and recognize our responsibility to govern.

If Leader Schumer had pledged to put the rest of the appropriations bills on the calendar, I would have voted for the CR to help to facilitate that. However, a vote for the CR only facilitated Chuck Schumer doing exactly the opposite. He did what he always does, empowering himself in preparation for an omnibus which he will write.

Amicus Brief Opposes Decision to Disqualify Trump from Colorado Presidential Primary Ballot

Last month, the Colorado Supreme Court issued a ruling which disqualified former President Donald Trump from holding office pursuant to Section Three of the 14th Amendment, which makes it a crime to assist or engage in rebellion or insurrection against the authority of the United States. The ruling directed the Colorado Secretary of State to remove Trump’s name from the state’s presidential primary ballot. This controversial decision disrespects the rights of voters and dilutes the separation of powers within the political system.

Shortly after the ruling was released, former President Trump filed an appeal. The Supreme Court of the United States (SCOTUS) has since agreed to review the Colorado Supreme Court’s ruling. I joined a bicameral amicus brief in support of former President Trump’s appeal before SCOTUS in Trump v. Anderson.

The Colorado Supreme Court's illegal decision to disqualify President Trump from the ballot raises serious concerns. It’s ironic how liberals who claim to defend democracy are the ones disregarding the fundamental principles of voter choice and fair elections.

This sets a dangerous and frightening precedent by brazenly circumventing the requirement for Congress to enact specific legislation in such matters, potentially making the judicial removal of candidates common place.

In the amicus brief, we argued the Colorado Supreme Court’s decision lacks neutral principals, will lead to widespread removal of political opponents from ballots, and exceeds the scope of Section 3 in a manner that directly encroaches on Congress’s express power. We noted Section 3 does not apply to former President Trump and requested the reversal of the Colorado Supreme Court’s decision.

Senators Request DOJ Investigation Following Defacement of National Veterans Cemeteries

Several media outlets recently reported pro-Palestinian protestors defaced Los Angeles National Cemetery, where more than 80,000 veterans are buried. The protestors spray-painted “INTIFADA” and “FREE GAZA” on the grounds of the cemetery, in addition to a red, upside-down triangle.

U.S. Senator Marco Rubio (R-FL) and I, along with a number of our colleagues, sent a letter to U.S. Attorney General Merrick Garland, requesting the Department of Justice (DOJ) immediately investigate the defacement of the national cemetery run by the U.S. Department of Veterans Affairs.

Our letter calls the defacement of the Los Angeles National Cemetery “disgusting, anti-American, and a testament as to how far pro-Hamas extremists will go to advocate on behalf of a Foreign Terrorist Organization.” Additionally, we noted the defacement of the cemetery violated federal law.

“Veterans represent the best of America. The men and women who serve in the U.S. military exemplify the sacrifice, determination, and bravery that all Americans should strive for,” we wrote. “Like those currently serving in our military, the veterans buried at the Los Angeles National Cemetery fought to protect the fundamental rights of all Americans in countless wars, even the rights of Americans who lack the moral clarity to condemn terrorism.”

“Pro-Hamas radicals and terrorist sympathizers must immediately face consequences for their immoral and illegal tactics,” we concluded. “Therefore, we urge the DOJ to investigate the pro-Hamas activists responsible for defacing the Los Angeles National Cemetery, given their clear violation of federal law.”

Photo by @SiaKordestani on X

Bicameral Amicus Brief Supports National Rifle Association in First Amendment Rights Case

In 2018, the former superintendent of New York State’s Financial Services Department, Maria Vullo, called upon local banks and insurers to sever connections with gun rights advocacy groups such as the National Rifle Association (NRA), subjectively citing "reputational risks" as justification. Fearing the revocation of their New York licenses, several organizations terminated partnerships with the NRA.

In response, the NRA sued Vullo and claimed she used her status to “financially blacklist” the organization by coercing banks and insurance companies to disassociate with it.

While National Rifle Association v. Vullo was first dismissed by a U.S. Court of Appeals for the Second Circuit in New York, the U.S. Supreme Court agreed to hear the NRA’s claim.

I joined a bicameral amicus brief which addresses issues pertaining to constitutional First Amendment rights, state overreach, and the implications of governmental actions on national policy. The brief additionally requests the Supreme Court reverse the appeal court's decision, stating the “Court should put an end to New York’s unconstitutional experimentation on the NRA’s First Amendment rights.”

According to the Northern District of New York Federal Court Bar Association (NDNY), the NRA’s brief was due January 9 and Vullo’s brief by February 20. NDNY states the parties hope for the case to be heard during the Supreme Court’s March sitting.

Derek Chollet, Under Secretary of Defense for Policy Nominee

I met with Derek Chollet, Counselor of the U.S. Department of State, regarding his nomination to be Under Secretary of Defense for Policy. We discussed the importance of Grand Forks Air Force Base to our national security and the ISR capabilities based in Grand Forks.

Melissa Dalton, Under Secretary of the Air Force Nominee

I sat down with Melissa Dalton to speak about her nomination to be Under Secretary of the Air Force – the second-highest ranking civilian official in the department. I appreciated the chance to discuss her vision for the future of our Air Force and Space Force, our bases in North Dakota, and how to best equip our airmen, guardians, and their families for their service to our nation.