Senator Cramer’s Weekly Update January 22-28

Governor Burgum Announces He Will Not Seek a Third Term

No one could ever say Doug Burgum isn’t his own person. He has served North Dakota very well. I’ve been honored to work with him these last several years, and I look forward to working with him a lot more. He has earned the right to take a short or long break or seek a promotion. Whatever it is, he will do it his way, and he will be successful at it. It will be for a cause bigger than himself. For that, I am grateful.

Thank you to the Governor and the First Lady on their incredible service to the people of North Dakota, and congratulations on whatever is next.

Burgum was first elected as the state’s 33rd governor in 2016 and was reelected in 2020. His second term in office will conclude on December 14.

EPW Hearing Highlights Need for Clarity on Chlorpyrifos from the EPA

On Wednesday the Senate Environment and Public Works (EPW) Committee heard testimony from the U.S. Environmental Protection Agency’s (EPA) Assistant Administrator for the Office of Chemical Safety and Pollution Prevention, Ms. Michal Freedhoff. I questioned her on the status of the agency finalizing a rule on tolerances for safe uses of chlorpyrifos, a crop protection tool widely used by Midwest sugarbeet growers.

The EPA responded to my November 2023 chlorpyrifos letter a day before the hearing, saying the agency intends to issue a notice “as soon as possible” correcting the Code of Federal Regulations to reflect the current legal status of the chlorpyrifos tolerances.

During the hearing, I asked Freedhoff for clarity on the EPA restoring the tolerances of chlorpyrifos. Freedhoff acknowledged the confusion and said she met with several grower groups to discuss it. She added they will talk with pesticide companies to incorporate additional mitigations discussed in the 2020 decision, as well as some of the Endangered Species Act work needed in order to comply with the law.

I asked Freedhoff to drill down a little on the specifics in response. Specifically, I asked her if the EPA is beginning the process of restoring these tolerances and how they plan to do so.

“So first of all, what the Eighth Circuit did was it vacated EPA’s rule that took away the permission to use chlorpyrifos on food crops. So that decision has already happened and all of those permissions to use chlorpyrifos in food are back in effect. EPA has to write basically a technical correction to the Code of Federal Regulations,” Freedhoff responded. “I think that's happening next week, but it's already in effect. I think the next thing that we're doing and the timeline on this I can't be quite as specific about is, you know, the Eighth Circuit decision, as well as a 2020 document that the agency put out on chlorpyrifos really focused on 11 uses of chlorpyrifos that had high benefits.”

“You touched on the confusion that seemed to sort of permeate the early statements,” I concluded. “All I would say in wrapping up, Mr. Chairman and Madam Assistant Administrator, just be as clear as you can be. Because we are heading towards spring and the new seasons, so it's everybody from the manufacturers, the suppliers, the users themselves, the producers themselves that seek this clarity. It's critical to get it done in a timely fashion.”

Under Secretary of the Air Force Nominee Testifies at Senate Armed Services Committee Hearing

During a Senate Armed Services Committee hearing on Tuesday, members heard testimony from Melissa G. Dalton, Assistant Secretary of Defense for Homeland Defense and Hemispheric Affairs, regarding her nomination to be the Under Secretary of the Air Force. If confirmed, Dalton would be the second-highest ranking civilian official in the United States Air Force and would serve directly under Secretary of the Air Force Frank Kendall.

During the hearing, I mentioned my visit on Monday night to Walter Reed National Military Medical Center, where I met with the family of Chief Warrant Officer 4 Garrett Illerbrunn, a North Dakota native and U.S. Army Pilot. Illerbrunn was injured in a drone attack on Christmas Day while serving in Iraq. I stressed the importance of creating appropriate countermeasures for drone strikes like the one that injured CW4 Illerbrunn.

I also questioned Secretary Dalton about her response to a previous question in the hearing regarding the Chinese spy balloon (HAB). I asked Dalton when she first heard about the spy balloon and about her initial advice to Secretary of Defense Lloyd Austin. Dalton said she learned of the People’s Republic of China’s (PRC) spy balloon on January 27, the same day Secretary Austin first learned about it.

During the hearing, I asked Dalton why she did not initiate a review of all the policies, processes, and the siloing of the various intelligence agencies that contributed to the incomplete assessment and slow action to take down the balloon.

In the absence of that, the Senate Armed Services Committee did it. We put a review in the National Defense Authorization Act. I asked Secretary Dalton whether it occurred to them to dig into it and see where the failings were.

Secretary Dalton said they have incorporated the review in the development of the homeland defense policy guidance over the last year, and it was signed by Secretary Austin in December. Dalton said the department has benefited from the lessons learned from the PRC HAB and there are ample lessons to be learned in terms of what is needed for the air in the homeland in terms of North American Aerospace Defense Command (NORAD) modernization.

Secretary Dalton had the opportunity to benefit from the review initiated by this committee and put into law. But it concerns me that it wasn’t instinctive for the department to do the internal review without being prompted by Congress. I asked her, "Now that you've had the review, now that you've seen the review, now that you've thought about this and been challenged, what would you do differently if you knew on that date what you know now? What mistakes were made that you made perhaps in your counsel to the to the Secretary that you would improve on?"

Dalton explained the benefit of having investments to come in NORAD modernization which would allow the Air Force to better characterize these types of threats earlier and develop options for policymakers, the Secretary of Defense, and the President.

Director of ND Department of Mineral Resources Announces Retirement After More Than Two Decades of Service

Last week, Lynn Helms, longtime Director of the North Dakota Department of Mineral Resources, announced he will retire on June 30 after 26 years of service. I released the following statement regarding this news.

Lynn is an invaluable resource to me in the United States Senate, as he was in the House, and as he was when I was on the Public Service Commission.

He is a treasure, not just to North Dakota, but a treasure to the entire industry. He is a spectacular regulator who understands the role of regulation, the role of rich mineral resources in North Dakota, and their contributions to American security and America's economy.

NewsNation, Fox News Interviews Highlight Border Security Negotiations

I joined Markie Martin on NewsNation’s “Morning in America” to discuss recent reports surrounding the border security proposal being negotiated by senators, which claim the current bill would allow up to 5,000 migrants a day into the United States. I cleared up the reports, explaining while we have not seen the bill’s text, the intent is to slow down the crisis and end most illegal crossings.

I also spoke with Laura Ingraham on Fox News’ the “Ingraham Angle” to discuss the debate surrounding negotiations on the southern border deal and the current state of the crisis at the border.

Senators Warn Biden Administration Against “Shortsighted” Pause of LNG Export Permits

The Biden administration announced on Friday a pause on pending decisions regarding exports of Liquefied Natural Gas (LNG) to “look at the impacts of LNG exports on energy costs, America’s energy security, and our environment.” U.S. LNG exports have enhanced the geopolitical influence and international energy security across the board.

I joined 25 of my colleagues in a letter to President Joe Biden and U.S. Department of Energy (DOE) Secretary Jennifer Granholm, expressing deep concerns with the department’s review of criteria necessary to approve permits for LNG export projects and the potential pause to all pending non-FTA export permit applications. The letter serves as a response to the administration’s previous announcement of its intention to re-examine the criteria of approving permits for LNG export projects.

According to the letter, without input from Congress, the “LNG Plan” could have significant economic, environmental, and national security consequences. We stated it would be reckless to jeopardize the United States’ advantage, especially in a world where energy is frequently being used as a geopolitical weapon.

North Dakota American Legion Holds Winter Conference

During the American Legion Annual Department Winter Conference on Friday, I expressed my appreciation for their tireless advocacy and highlighted some of my recent legislative efforts pertaining to veterans’ affairs. Additionally, I reiterated the need to recruit more servicemembers and stand up to our adversaries by projecting strength, not weakness.

The world is on fire and hungry for American leadership, and trying to balance those things is no small matter. If we project weakness, our adversaries see vulnerability. If we project strength, they settle down. From Iran to Russia, we have a president projecting weakness, and the world is reacting to it.

Last week, I was able to visit with Garrett Illerbrunn’s family at Walter Reed Army Medical Center. His service and the strength of his family are the epitome of the best of North Dakota and the nation. We need to attract more people into the service like Garrett and his wife Lorna. I hope no child from North Dakota or the United States, has to go to war again, but if we had to go to war again, I hope we have a whole bunch of people ready to do it.

One of the reasons I believe we are struggling to recruit more people is they don't know the cost of freedom, nor do they understand the glory of fighting for our freedom, or the camaraderie or the benefits of having brothers and sisters in arms. That is what the Legion does so well, if not better than anybody. It fosters a legacy of service and does an incredible job changing policies to make sure promises are kept for those who serve.

In my role on the Senate Veterans Affairs Committee, I have co-led and supported various pieces of legislation to provide veterans access to co-pay free mental health care services and facilitate expanded peer support networks and health resources for veterans facing mental health challenges. I have also worked to expand health care coverage for veterans battling toxic exposure and increase coverage of innovative therapies for veterans battling post-traumatic stress disorder and traumatic brain injury.

Three Years Later: The Consequences of Biden Canceling the Keystone XL Pipeline

It has been three years since President Biden canceled the Keystone XL Pipeline. I weighed in on the disastrous impacts of this decision for North Dakota and our entire country. Watch the full Fox News segment with Bret Baier below.

Letters Call for Withdrawal of Basel III Endgame Proposal, Highlight Impact on Derivatives End Users

In response to the financial crisis from 2007 to 2009, Basel III Endgame was created to set the standards for capital reserves, liquidity, and leverage at financial institutions. As proposed, the increased capital requirements in Basel III Endgame will restrict billions of dollars in capital from financial institutions and hinder access to credit for consumers.

This month, I joined two letters citing concerns over the Basel III Endgame proposal’s impact on derivatives end users and requesting the withdrawal of the proposal.

The first bicameral letter, led by U.S. Senator Jerry Moran (R-KS), called on Vice Chair of the Federal Reserve Michael Barr, Chairman of the FDIC Martin Gruenberg, and Acting Comptroller of the Currency Michael Hsu, to ensure the regulators take into account the impact the Basel III Endgame proposal would have on the derivatives market and the commodities producers who use futures and options, specifically in the agriculture industry.

We also note futures and derivatives markets play a stabilizing role for prices, helping to insulate consumers and businesses from market instability while involving minimal risk for end-users, including those in North Dakota.

The second letter, led by U.S. Senator Tim Scott (R-SC), requests the withdrawal of the Basel III Proposal. In November, I joined my colleagues in a letter requesting the withdrawal of the proposal, stating it would “create severe, adverse impacts on the entire U.S. economy, from every day American consumers to the small businesses that are the backbone of our economy.”

Following the introduction of the Basel III Endgame, I have been vocal in my efforts to pressure regulators for the misguided proposal. In December, I joined two letters expressing concern over the impact the proposed capital requirements would have on mortgage loans and outlining apprehensions with the operational risk portion of the rule.

Additionally, I joined Fox Business’ "Mornings with Maria" in December where I discussed the restrictive Basel III Endgame proposal.

Senators Call for Withdrawal of De Facto Electric Vehicle Mandate

The National Highway Traffic Safety Administration (NHTSA) announced on July 28 its proposed Corporate Average Fuel Economy (CAFE) standards for passenger cars and light-duty trucks, which would negatively affect vehicle manufacturers and pass higher costs along to American consumers. The proposed standards would impose burdensome and costly regulations requiring automakers to double the average fleet-wide fuel economy in under 10 years. These standards effectively force an electric vehicle (EV) mandate on the nation and severely restrict consumer choice.

The CAFE standards, in conjunction with the U.S. Environmental Protection Agency’s (EPA) tailpipe emissions proposal, would raise costs, restrict consumer choice, harm U.S. businesses, and shift supply chains to foreign adversaries. I joined my colleagues in a bicameral letter, led by U.S. Senators Mike Crapo (R-ID) and Ted Cruz (R-TX) and U.S. Representative Tim Walberg (R-MI-07), to NHTSA Deputy Administrator Sophie Shulman, expressing our concerns with the proposed standards.

The letter, which garnered the support of more than 100 members from the U.S. House of Representatives and the U.S. Senate, requests the withdrawal of the NHTSA's proposal and to reissue new CAFE standards complying with the law, rather than one which picks “winners and losers in the free market and remake our country’s economy.”

Legislation Introduced to Prevent Illegal Immigrants’ Influence in Electoral College Votes

In an effort to address the use of illegal immigration as a tool to influence congressional district apportionment and Electoral College votes, I joined my colleagues in introducing the Equal Representation Act. Specifically, this bill would address the inclusion of illegal immigrants in the count for congressional district apportionment and Electoral College votes; highlight the potential for disproportionate political power; and require the Census Bureau to publicly report certain demographic data, ensuring transparency and informed decision-making.

Recent public comments from U.S. Representative Yvette Clarke (D-NY) highlighted the necessity of the Equal Representation Act when she advocated for more illegal migrants saying, “I need more people in my district just for redistricting purposes.”

Under President Biden’s administration, illegal immigration has surged, raising concerns about congressional and Electoral College apportionment. According to an Immigration and Customs Enforcement (ICE) report for Fiscal Year 2023, the non-detained docket climbed by 30.3% from 4.7 million noncitizens in FY 2022 to more than 6.2 million noncitizens in FY 2023. In contrast, the non-detained count was at 3.26 million in FY 2020 and 3.6 million in FY 2021. Currently, the Census counts illegal immigrants, in addition to citizens of the United States, and the number of congressional districts per each state are determined using Census numbers.

U.S. Air Force General Kenneth Wilsbach

I met with U.S. Air Force General Kenneth Wilsbach and Senator John Hoeven on Wednesday to discuss the runway conditions at Grand Forks Air Force Base and the vision for the future of ISR missions out of Grand Forks. I appreciate General Wilsbach meeting with us about these critical issues for Grand Forks.

Admiral Samuel Paparo, Nominee to be Commander of U.S. Indo-Pacific Command

I sat down with U.S. Navy Admiral Samuel Paparo, the nominee to be Commander of the U.S. Indo-Pacific Command, our nation’s largest combatant command facing our greatest strategic adversary. We discussed the importance of the AUKUS alliance to U.S. strategic interests and the need for ISR support to INDOPACOM.

Basin Electric Power Cooperative

I enjoyed catching up with Basin Electric, a cooperative based in North Dakota with more than 3 million members in the upper Midwest. Basin and other co-ops keep affordable electricity flowing and the lights on across rural America.

Navy League of the United States

I had a productive discussion with the Navy League of the United States North Dakota Council. We spoke about my role as ranking member on the Senate Armed Services Seapower Subcommittee, as well as the AUKUS alliance, ship and sub building, and other issues impacting the current state of our U.S. Navy.

Lignite Energy Council

My meeting with the Lignite Energy Council reiterated how necessary coal is for a reliable grid. I appreciated our conversation on my PROVE IT Act, EPA regulations, permitting reform, and federal coal leasing.

Lisa Hermosillo

I had productive conversation with Lisa Hermosillo about her passion and efforts to call out the prevalence of alcohol on our military bases and how it impacts mental health, addiction, and suicide.

DOT Awards More Than $5 Million to the North Dakota Department of Transportation

The U.S. Department of Transportation (DOT) announced an award of two grants, totaling $5,677,883 to the North Dakota Department of Transportation through the Fiscal Year 2024 Federal Highway Administration Emergency Relief Program. The funds will go towards the following initiatives:

• $4,777,883 to address the severe flooding in Eastern North Dakota which occurred on April 12, 2022. The flooding resulted in widespread damage to culverts and roadway erosion on state and county roadways.
• $900,000 to address damages from a weather event on April 10, 2023 which caused significant overland and riverine flooding leading to a landslide, damage of culverts and erosion of roadways.

NIFA Awards $350,000 to Nueta Hidatsa Sahnish College

The U.S. Department of Agriculture’s National Institute of Food and Agriculture (NIFA) awarded $350,000 to Nueta Hidatsa Sahnish College (NHSC). These funds will be used to expand Trauma-Focused Equine Assisted Learning curricula and outcomes.

This project was submitted on behalf of NHSC in collaboration with North Dakota State University, under the New Discovery focus of the Tribal Colleges Research Grants Program. The program assists Tribal Colleges in building institutional research capacity through applied projects that address student educational needs and meet community, reservation, or regional challenges.

USDA Rural Development Awards $101,651 to Oyate Community Development Corporation

The U.S. Department of Agriculture (USDA) Rural Development announced an award of $101,651 to the Oyate Community Development Corporation. This grant will be used to provide technical assistance and training to rural micro-entrepreneurs and microenterprises on the Standing Rock Sioux Reservation.