Senator Cramer’s Weekly Update October 30 - November 5

Senate Passes Agriculture, Transportation, Military Construction, and Veterans Appropriations

I voted in favor of H.R. 4366, the Military Construction, Veterans Affairs and Related Agencies Appropriations Act, which passed the Senate with a vote of 82-15.

The passage of these agriculture, housing, transportation, military construction, and veterans funding bills was long overdue. While an amendment process on this smaller package is better than being jammed with a monstrous omnibus, this should have been done long ago.

Our work isn’t done yet. I urge Leader Schumer, Speaker Johnson, and the rest of my colleagues to openly debate and pass the rest of these funding bills. We owe it to the American people to avoid the threat of a government shutdown.

Before the vote, I delivered remarks on the Senate floor regarding my amendment (#1241) to defund the U.S. Department of Transportation (DOT)'s proposed rule requiring state departments of transportation and metropolitan planning organizations to set declining greenhouse gas emissions targets from roadway travel on the National Highway System.

The amendment was germane and bipartisan, requiring only 50 votes for passage, but Senate Democrats demanded a 60-vote threshold to ensure its defeat. I withdrew the amendment, and stated I will introduce a Congressional Review Act (CRA) Joint Resolution of Disapproval if the Biden administration finalizes the rule.

Senate Democrats would rather provide the Biden administration cover by taking a show vote designed to fail rather than following real regular order. The will of the Senate should prevail here, but they are not going to let it.

This appropriation limitation amendment would prevent the DOT from finalizing their illegal rule requiring states to measure CO2 tailpipe emissions and then set declining targets for individual states on the roadways.

Many states, particularly large, rural states, criticized the proposal as one-size-fits all mandate with no meaningful flexibility and entirely unpractical in areas where traffic congestion and emissions are already scarce. More importantly, Congress has not provided any statutory authority for the DOT to make this proposal.

Congress debated and explicitly rejected language to authorize this type of greenhouse gas performance measure during the development of the highway bill, which later became the foundation of the Infrastructure Investment and Jobs Act.

8th Circuit Court Issues Decision on EPA Chlorpyrifos Ban

The 8th Circuit Court of Appeals ruled in the case of Red River Valley Sugarbeet Growers Association et al. v. Michael Regan, stating the U.S. Environmental Protection Agency’s (EPA) decision to ban the use of chlorpyrifos was “arbitrary and capricious.”

This decision is a victory for our farmers, including the Red River Valley Sugarbeet Growers Association and other petitioners in this case. Our producers depend on chlorpyrifos to grow the food we need to sustain our state, nation, and world.

I appreciate the efforts of North Dakotans like Agriculture Commissioner Doug Goehring and our commodity groups in fighting this overzealous ban. The EPA’s decision was a foregone conclusion, absent the scientific or legal justification needed for such a drastic action. I am glad to see the court’s recognition of the EPA’s intransigence and unwillingness to allow the use of chlorpyrifos for food and feed uses.

On December 15, 2022, the United States Court of Appeals for the 8th Circuit heard argument in Red River Valley Sugarbeet Growers Association et al. v. Michael Regan, filed by the Red River Valley Sugarbeet Growers Association, American Crystal Sugar Company, Minn-Dak Farmers Cooperative, the North Dakota Soybean Growers Association, and several other organizations.

The lawsuit alleged the EPA unlawfully banned the use of chlorpyrifos on food and feed crops in 2021. According to the ruling, by 2017, just four years before the EPA banned its use, chlorpyrifos was the most widely used conventional insecticide in the country. The 8th Circuit Court of Appeals found EPA misread the Federal Food Drug and Cosmetic Act and the 9th Circuit’s opinion by concluding its “only” choice was to revoke the food tolerances for chlorpyrifos.

The court stated the EPA is free to exercise its discretion as long as it considers all important aspects of the problem and gives a reasoned explanation for whichever option it chooses. However, it must recognize the full scope of what it can do before announcing what it will not do.

My Vote to Confirm General Allvin to be Chief of Staff of the Air Force

Congratulations to General David Allvin on his confirmation to be the Chief of Staff of the Air Force. The Senate approved his confirmation with a vote of 95-1. Last month, I hosted him in North Dakota so he could see our defense ecosystem firsthand and meet with our legendary airmen at Minot and Grand Forks Air Force Bases.

General Allvin understands the threats facing the United States and the needs of the Air Force. I look forward to working with him to advance North Dakota’s defense priorities.

In October, I introduced General Allvin during the 17th annual Unmanned Aerial Systems (UAS) Summit at the Alerus Center in Grand Forks. During this event, I highlighted North Dakota’s ability to generate one of the most diverse and critical defense ecosystems in the nation.

I also hosted General Allvin at Minot Air Force Base (AFB) to meet with airmen and tour several sites on the base. While there, we received a briefing on the missions of the 5th Bomb Wing and the 91st Missile Wing.

My Vote to Oppose Jacob Lew as Ambassador to Israel

I voted against Jacob “Jack” Lew’s nomination to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the State of Israel. The Senate confirmed Lew by a vote of 53-43.

Jacob Lew’s nomination to serve as our Ambassador to Israel is a terrible message to our closest friend and ally in the region. His work as an architect of the Iran Nuclear Deal should have been an automatic disqualifier. You cannot claim to support Israel while you actively work against it by coddling our mutual adversary and the largest state sponsor of terrorism, Iran.

The Biden administration seems hellbent on broadcasting its lukewarm support of Israel to the world, and Jacob Lew’s nomination is no exception. As far as I’m concerned, my vote against him was a vote to support Israel.

During the Obama administration, Lew served in a variety of roles including White House chief of staff, secretary of the treasury, director of the Office of Management and Budget, and deputy secretary of State for management and resources. In 2015, Lew wrote, negotiated, and defended the Iran Nuclear Deal, in which Tehran agreed to scale back its nuclear program in exchange for the lifting of economic sanctions.

Legislation to Prioritize Merit-Based Immigration, Address Shortage of Doctors and Nurses

I will lead my colleagues in reintroducing two pieces of bipartisan legislation to address critical healthcare workforce shortages and eliminate arbitrary, ineffective per-country visa caps. Both bills establish merit-based immigration policies.

In rural states like North Dakota, highly skilled immigrant doctors and nurses play a critical role in our healthcare workforce, sometimes providing the only specialty care available in the area. Our open borders and per-country caps are nonsensical and chaotic.

It’s long-past time our immigration policies reflected a skills-based approach, welcoming hard-working immigrants who help fill the labor and service gaps in the U.S.

The Healthcare Workforce Resilience Act:

The Healthcare Workforce Resilience Act, legislation I led with U.S. Senator Dick Durbin (D-IL), makes a limited number of green cards available to qualified immigrant doctors and nurses to address critical healthcare workforce shortages. This bill allows the “recapture” of green cards already authorized by Congress but unused in previous years, allotting up to 25,000 immigrant visas for nurses and up to 15,000 immigrant visas for physicians. This bill does not authorize any new visas.

This legislation would require employers to attest immigrants from overseas who receive these visas will not displace an American worker. Additionally, it would necessitate eligible immigrant medical professionals to meet licensing requirements, pay filing fees, and clear rigorous national security and criminal history background checks before they can receive recaptured green cards.

The Healthcare Workforce Resilience Act is supported by several stakeholders, including the North Dakota Long Term Care Association, North Dakota Hospital Association, and the North Dakota Medical Association.

The Equal Access to Green Cards for Legal Employment (EAGLE) Act:

The Equal Access to Green Cards for Legal Employment (EAGLE) Act, which I will reintroduce with U.S. Senator John Hickenlooper (D-CO), allows American employers to focus on hiring immigrants based on their merit, not their birthplace. This legislation would phase out the 7% per-country limit on employment-based immigrant visas and raises the 7% per-country limit on family-sponsored visas to 15%.

Bill Reintroduced to Increase Consumer Choice and Reduce Health Care Costs

I reintroduced legislation to allow dietary supplements to be purchased with Health Savings Accounts (HSA), Flexible Savings Accounts (FSA), and Health Reimbursement Arrangements (HRA).

Nutritional supplements are preventative care, helping lower health care costs by keeping Americans healthy. By modernizing the rules for savings and spending accounts, my bill would save taxpayer funds, increase consumer choice, and encourage people to invest in their health and wellness.

This legislation amends the Internal Revenue Code to designate certain over-the-counter dietary supplement products and foods for special dietary uses as qualified medical expenses. It is endorsed by the Natural Products Association (NPA), Swanson Health Products, and the Healthcare Nutrition Council.

Senators Raise Concerns With USDA, HUD Proposed Adoption of Revised Energy Standards

I joined my colleagues in a letter expressing significant concerns with the proposed adoption of revised energy standards for newly constructed and rehabilitated homes insured or guaranteed by the U.S. Department of Housing and Urban Development (HUD) and the U.S. Department of Agriculture (USDA).

Our letter requests HUD and USDA change course, as adoption of these standards would impose significant costs on American households, particularly low and moderate-income families, and put undue pressure on an already constrained housing supply.

Over the last few years, the Biden administration has demonstrated a reckless commitment to forcing its unrealistic environmental agenda onto various aspects of the economy via its push toward electrification, regulating household appliances, and the stifling of conventional American energy production.

As we wrote in our letter, “It is not at all surprising that the administration is now forcing its agenda onto families purchasing or renting a home, all while admitting that ‘lower-income households . . . may be challenged in their ability to address first costs.’ ”

Senators Introduce Legislation Forcing the Biden Administration to Publicize Catch-and-Release Data

I joined my colleagues in introducing the Southern Border Transparency Act. This legislation would require the U.S. Department of Homeland Security (DHS) to accurately report how it is handling migrants encountered at the border, ensuring the American people have a full accounting of the number of migrants being released into the United States.

When it comes to securing the southern border and reducing illegal crossings, the Biden administration has failed.

Our bill will require the administration to report data they should already be sharing with the American people on the handling of migrants encountered at the border. Citizens deserve transparency for this administration's inept border policies.

Specifically, the Southern Border Transparency Act would require DHS to fully report on how it is handling migrants encountered at the border, including:

• The number of migrants paroled at each port of entry and in each Border Patrol sector

• The number of migrants apprehended at each port of entry and in each Border Patrol sector and how many were granted voluntary departure, placed into expedited removal, or simply released into the interior

• The number of petitions for parole received and granted by U.S. Citizenship and Immigration Services (USCIS)

• The total number of migrants paroled into the United States each fiscal year, whether they are granted work authorization, and whether they ultimately depart the United States when their parole expires

Senators Request Details on Potential Terrorists Entering Through the Southern Border

I joined U.S. Senator Eric Schmitt (R-MO) in a letter to Secretary of Defense Lloyd J. Austin III and Secretary of Homeland Security Alejandro Mayorkas, expressing concerns with United States’ adversaries exploiting the southern border.

It’s no secret the Biden administration has failed to take care of the border. President Biden is turning a blind eye to agents overwhelmed by the increase in illegal crossings, which includes adversaries and terrorists seeking to exploit the gaps.

It is critical for the safety of the American people to secure the border and address the crises the administration created. The Biden administration’s lack of enforcement has fostered an unprecedented number of apprehensions at the southern border, now totaling over six million crossings.

In Fiscal Year 2023, there were 169 individuals on the terror watchlist apprehended at the border, compared to zero in Fiscal Year 2019. Considering the threats the U.S. faces from China, Russia, Iran, and other adversaries, the letter reiterates it is past time this administration protects and secures the border.

Senators Reintroduce Legislation to Assist Families of Victims Killed by Illegal Immigrants

I joined U.S. Senator Roger Marshall, M.D., in reintroducing the Justice for Angel Families Act, which would amend the Crime Victims Fund to expand funds to angel families, the immediate relatives of victims of homicide by an illegal immigrant. Additionally, the legislation would reinstate and codify the Victims of Immigration Crime Engagement Office at the Department of Homeland Security.

Angel families’ grief after losing a loved one is a direct result of the Biden administration’s inability to secure the border and prevent violent criminals from coming to our country illegally. The least we can do for these families is allow them access to compensation for their suffering.

Senators Request DOJ, CFPB Retract Irresponsible Joint Statement

I joined my colleagues on the Senate Banking, Housing, and Urban Affairs Committee in a letter to Attorney General Merrick B. Garland and Director of the Consumer Financial Protection Bureau (CFPB) Rohit Chopra, expressing concerns regarding the October 12, 2023 joint statement by the CFPB and the U.S. Department of Justice (DOJ). The statement warned financial institutions the consideration of immigration status in loan applications may be a violation of the Equal Credit Opportunity Act (ECOA).

We urged Attorney General Garland and Director Chopra to retract the agencies’ irresponsible joint statement and instead endorse risk-based lending practices which promote safety and soundness in the bank sector.

As we wrote in our letter, "The CFPB and DOJ’s joint directive not only flies in the face of responsible lending standards, risk-based pricing, and sound risk management, but also contradicts and rewrites decades worth of guidance from the CFPB and the federal banking regulators—all without an official rulemaking pursuant to the Administrative Procedures Act (“APA”), giving financial institutions the chance to comment, or even offering any other semblance of advanced notice."

Department of Energy Awards Nearly $115 Million to Talon Metals’ Battery Mineral Processing Facility

The U.S. Department of Energy (DOE) awarded $114,846,344 from the Infrastructure Investment and Jobs Act to Talon Nickel (USA) LLC for the construction of a battery minerals processing facility in Mercer County, North Dakota. This facility will process Minnesota-sourced nickel ore for the expansion of domestic manufacturing of batteries for electric vehicles and the electrical grid.

According to Talon, the nickel mine will utilize BNSF Railway to deliver nickel ore to its processing facility near Beulah, North Dakota. The facility will produce nickel concentrate to be used in cathodes for electric vehicle batteries. Talon has a supply agreement with Tesla to provide 75,000 metric tonnes of nickel concentrate and other by-products, including cobalt and iron. Talon will use coal ash from Mercer County coal fired power stations to help chemically neutralize and harden the tailings from the process.

The need for critical minerals grows every day and we need to take every opportunity to access, produce, and process these materials within our own borders.

Talon Metals’ efforts in North Dakota and Minnesota will help reduce our dependence on foreign minerals from adversaries and countries with lax environmental and labor standards. This investment brings us closer to the domestic production of the critical minerals we need. I look forward to seeing the project’s completion and the benefits it will bring to North Dakota, Minnesota, and tribal nations.

Garrison-Diversion Unit of the Pick-Sloan Missouri Basin Program Receives $27 Million from Bipartisan Infrastructure Law

The Bureau of Reclamation and the U.S. Department of the Interior announced $27 million for the Garrison-Diversion Unit of the Pick-Sloan Missouri Basin Program in North Dakota.

This award will support efforts associated with the expansion of the Fort Berthold, Standing Rock, and Spirit Lake distribution systems, as well as the water treatment facility for the Northwest Area Water Supply Project.

North Dakotans in every corner of the state are benefitting from substantial increases in water infrastructure investment. Funding from the Bipartisan Infrastructure Law is delivering wins for North Dakota.

This investment will leave a noticeable impact on the expansion of access to clean drinking water across the state from Spirit Lake, Fort Berthold, and Standing Rock to the surrounding Minot area.

USACE Holds Public Meetings on Draft EIS for DAPL, Extend Public Comment Period

The United States Army Corps of Engineers (USACE) held public meetings last week on the Draft Environmental Impact Statement (EIS) for the Dakota Access Pipeline (DAPL).

The Dakota Access Pipeline has been safely operational for more than half a decade and is the best method of transporting crude oil. Yet, radical left-wing environmentalists keep pushing to shut it down by unnecessarily drawing out the onerous EIS process.

While I am grateful this process is progressing, like many North Dakotans, I am still beyond frustrated with bureaucratic games and obstruction by liberal activists. I encourage all North Dakotans to provide their input and make their voice heard by making a formal comment.

This is the next step in the National Environmental Policy Act (NEPA) environmental review process and will be followed by a Final EIS. The USACE has extended the comment period through December 13, 2023.

Rail Companies Issue Status Reports on Grain Car Backlog

BNSF Railway and Canadian Pacific Railway publicly filed weekly grain backlog status updates as required by the U.S. Surface Transportation Board. A summary of the reporting data specific to North Dakota from the last 10 weeks is below.

Deputy Prime Minister of Australia Richard Marles MP

I had a productive conversation with the Honorable Richard Marles MP, the Deputy Prime Minister of Australia and Minister for Defence, and Vice Admiral Mark Hammond, the Chief of the Royal Australian Navy. We discussed the importance of the AUKUS alliance and maintaining strong ties between Australia and the U.S.

Under Secretary of the Navy Erik Raven

As ranking member of the Subcommittee on Seapower for the Senate Armed Services Committee, I appreciated the chance to speak with Under Secretary of the Navy Erik Raven about how critical it is for the U.S. to support a strong AUKUS partnership.

FAA Administrator Michael Whitaker

I spoke with Michael Whitaker, Administrator of the Federal Aviation Administration, by phone to congratulate him on his recent Senate confirmation. I invited him to North Dakota and highlighted the plans for Hector International Airport in Fargo. I look forward to working with him to ensure the highest levels of safety and efficiency in our nations aviation system.

ALLETE, Inc.

I had a good conversation with Zach Martin from ALLETE, Inc. about federal coal leasing and modernization plans for their North Dakota to Minnesota high-voltage direct current transmission line – a project which recently received $50 million from the Infrastructure Investment and Jobs Act.

EPA Awards Nearly $19 Million to North Dakota for Safe Drinking Water

The U.S. Environmental Protection Agency (EPA) awarded a total of $18,914,000 to the North Dakota Department of Environmental Quality. This grant, funded under the Infrastructure Investment and Jobs Act, seeks to improve drinking water quality to small and disadvantaged communities with manganese impacted drinking water.

With the use of this award funding, North Dakota will have the ability to make improvements to the Northeast Regional Water District and the East Central Regional Water District. According to the EPA, the grant program implements resources and priorities to help address Per- and polyfluoroalkyl substances (PFAS) and emerging contaminant challenges, as well as target resources to communities most in need of assistance to ensure no community is left behind with unsafe, inadequate water.

North Dakota Celebrates 134 Years

On Thursday, North Dakota celebrated its 134th birthday. This day serves as a wonderful reminder to us every year of how blessed we are to live in such a great state.