Senator Cramer’s Weekly Update february 26-March 3

Week Three Wrap Up of Historic Dakota Access Pipeline Trial

The third week of trial in North Dakota v. United States has officially concluded, marking the halfway point in the state’s lawsuit to recover $38 million in damages the state was forced to front due to the Dakota Access Pipeline (DAPL) protests seven years ago. North Dakota’s lawsuit centers around claims the federal government allowed the illegal occupation of thousands of protestors on federal land, serving as a home base to engage in combative protests and soiling the environment they sought to protect.

Last week, the courtroom heard from several key witnesses whose testimonies further solidified claims the federal government failed to enforce its regulations or adequately assist North Dakota as it endured 233 days of destructive protests. Testimony started digging into the details about the federal government’s lackluster and hands-off approach to managing the protests on its own land.

North Dakota’s witnesses made it clear they vividly described the protests and asked, repeatedly, for assistance from the government. D.C. bureaucrats chose to ignore requests for help and the facts of what was really happening in Morton County and on Corps land.

On Monday, the courtroom heard testimony from North Dakota Governor Doug Burgum, former Secretary of the Department of the Interior Sally Jewell, and Alan Dohrmann, head of the North Dakota Department of Emergency Services and the Adjutant General of the North Dakota National Guard. Colonel John Henderson, former U.S. Army Corps of Engineers (USACE) Commander of the Omaha District, appeared before the court on both Tuesday and Wednesday.

Colonel John Henderson, former USACE Commander of the Omaha District, appeared before the court on both Tuesday and Wednesday.

On Thursday, Heath Kruger, a USACE employee called by the state as an adverse witness, testified the Corps does not have any policy, practices, or regulations concerning “free speech zones.” The court also heard testimony from Terry VanHorn, National Security Intelligence Specialist with USAO of North Dakota, Joe Morrisette, former Director of North Dakota Office of Management and Budget, and Michael Futch, former DAPL Project Manager and Vice President of Engineering for Energy Transfer Partners.

In an email sharing an October joint Department of Justice, the Department of the Army, and the Department of the Interior statement at the time of its release, VanHorn said he was speechless, disagreeing with the departments that the protests were peaceful and going to allow them to carry on.

The day concluded with testimony from Michael Futch who served as the DAPL Project Manager from June 2015 to May 2017. Futch described harassment of DAPL employees and their families with some eventually quitting.

North Dakota plans to wrap up its record by next Thursday. Witnesses on behalf of the United States will then appear in court.

USACE Leadership Testifies on DAPL, Snake Creek Embankment, and Western Water Committee at EPW Hearing

As Congress works to craft the Water Resources Development Act (WRDA) of 2024, members of the Senate Environment and Public Works (EPW) Committee gathered on Wednesday to discuss the U.S. Army Corps of Engineers (USACE) Civil Works Program with Assistant Secretary of the Army for Civil Works Michael Connor and USACE Commanding General and Chief of Engineers Lieutenant General Scott Spellmon.

I first questioned General Spellmon about the USACE’s approach for addressing existing issues at the Snake Creek Embankment, which will play an integral role in ensuring water supply to roughly 50% of North Dakota’s population. I have advocated for the 43-foot head differential to be removed and underlying maintenance issues with the embankment to be addressed so water supply to the McClusky Canal would not be cut off. General Spellmon acknowledged the differential removal and outlined plans to fix the underlying structural problems.

I asked Assistant Secretary Connor about language I authored in WRDA 2022 establishing a Western Water Cooperative Committee. This was one of my top priorities, providing North Dakota and other Western states with a platform to bring localized problems directly to the USACE to engage in dialogue and help ensure USACE policies align with state water rights and laws. After hearing from states, including North Dakota, about the USACE’s delay in establishing the committee, I requested an update from Assistant Secretary Connor on its implementation. Connor said they have teed up the actions necessary to move forward with the committee, but they are waiting for budget resources to complete its rollout.

As Congress continues its efforts to enact a Fiscal Year 2024 appropriations bill, I am working to secure USACE funding to establish the committee.

Additionally, I highlighted the Dakota Access Pipeline (DAPL) civil trial occurring in North Dakota. The state is seeking reimbursement for more than $38 million in damages and policing costs incurred from DAPL protests in 2016 and 2017.

I concluded my questioning by asking Assistant Secretary Connor for an update concerning the status of a final DAPL Environmental Impact Statement, which has been delayed for years.

STRATCOM, SPACECOM Leadership Testify at SASC Hearing

During a Senate Armed Services Committee hearing on Thursday, members heard testimony from General Anthony Cotton, Commander of U.S. Strategic Command (USSTRATCOM) and General Stephen Whiting, Commander of U.S. Space Command (USSPACECOM).

I first questioned General Cotton about whether he believes the U.S. has adequate standoff missile capability, the ability to engage the enemy from far enough away without putting our bomber aircraft and aircrew at risk, or if we are short in that capacity. General Cotton explained having standoff fires and long-range strike capability will be very beneficial for us against the adversary.

I also asked General Cotton about the lack of capital budgeting in the current system, especially as it pertains to the U.S. Air Force. To conclude, I asked both General Whiting and General Cotton about the lack of Space Force representation within USSTRATCOM leadership charts. General Cotton explained that General Whiting has a joint force team which assists USSTRATCOM, but USSTRATCOM is missing a space component officer.

Fargo and Mandan Veteran Cemeteries Highlighted at Senate Veterans’ Affairs Committee Hearing

On Wednesday, the Senate Veterans’ Affairs Committee (SVAC) held a hearing to discuss the National Cemetery Administration’s (NCA) mission to honor America’s veterans and their families at U.S. Department of Veterans Affairs (VA) cemeteries. While it is the smallest of the VA’s three administrations, the NCA’s important work includes managing 158 national cemeteries across the country and supporting state and tribal veterans’ cemeteries through the Veterans Cemetery Grants Program (VCGP).

In North Dakota, the NCA manages the Fargo National Cemetery and partners with the North Dakota Veterans Cemetery in Mandan, which has supported the expansions of burial capacity and services for our state’s veterans.

Members of SVAC first heard testimony from Matthew Quinn, the Undersecretary for Memorial Affairs for the VA. He is tasked with overseeing memorial programs to honor veterans, maintaining the cemeteries as national shrines, and administering federal grants to help establish veterans cemeteries.

Earlier this year, the Fargo VA Cemetery announced the sale of nearly 30 acres had been finalized between the VA and local landowners to expand the cemetery’s footprint from five to 35 acres. Shortly after, there was an announcement citing new plans for the NCA to work with stakeholders in the region to build a Veterans Cemetery Center on the newly purchased land.

To date, local stakeholders and community members have worked diligently and explored various avenues to expand the facility offerings at the Fargo National Cemetery. Given the effort put forth by the community over the past several years, the announcement raised many questions around what the planning, design, and potential ownership of any future facilities would look like.

During the hearing, I questioned Quinn about the situation in Fargo with the National Cemetery, inquiring about the best way to achieve a positive outcome for all stakeholders involved. I also emphasized facilities matter and stressed the importance of innovation as it is often dimmed by bureaucracy. Quinn said Fargo has pushed the NCA in terms of what a rural cemetery should look like.

Senate Minority Leader McConnell Announces Plan to Not Seek Reelection as Republican Leader

On Wednesday, Senate Minority Leader Mitch McConnell (R-KY) announced he will not run for another term as Republican leader. As the longest-serving Senate leader in history, McConnell will step down from his position in November.

I’ve known Mitch for over three decades, all the way back to my days as Chairman of the North Dakota Republican party, and I can confidently say there’s nobody quite like him. Mitch has ice in his veins which has served him well. He’s not prone to exaggeration or impulse, but instead brings wisdom and experience to the Senate. We are not an easy bunch to wrangle, but he managed to lead us through historic legislative battles and played the pivotal role in establishing the six to three conservative majority on the Supreme Court. I wish him all the best as he finishes out his term as leader.

Senators Cramer, King Introduce Bipartisan Legislation to Protect Veterans' Long-Term Care

On September 1, 2023, the Centers for Medicare and Medicaid Services (CMS) issued a proposed rule which mandated new minimum staffing standards for long-term care (LTC) facilities in order to provide “safe and high-quality care for the over 1.2 million residents receiving care in Medicare and Medicaid-certified LTC facilities each day.” According to estimations published by CMS, this proposed rule would force approximately 75% of nursing homes to increase the number of staff within their facilities.

Under the proposed rule, nursing homes across the country would be required to significantly boost staff in order to meet the requirements posed by CMS. In rural states already facing staffing shortages, including North Dakota, this new standard would make the requirement nearly impossible to meet.

U.S. Senator Angus King (I-ME) and I introduced a piece of legislation which would require the U.S. Department of Veterans Affairs (VA) to conduct a study examining the risks associated with the proposed rule issued by CMS. This follows the letter we sent to CMS Administrator Chiquita Brooks-LaSure asking the agency to withhold from establishing staffing mandates for long-term care facilities and instead work with Congress on flexible, commonsense solutions.

Senator King and I are simply asking the VA to conduct a study to prove what we already know: this misguided proposal will negatively impact veterans access to long-term care services.

Every state and community are different, and setting an unrealistic, national standard for all nursing homes and facilities serving veterans will further inflame existing staffing shortages and deprive veterans of the long-term care options they earned.

Amicus Brief Supports Idaho’s Pro-Life Case Before Supreme Court of the United States

The Supreme Court of the United States is set to weigh in on Moyle v. United States of America and Idaho v. United States of America, a case questioning whether the Emergency Medical Treatment and Labor Act (EMTALA) preempts Idaho's Defense of Life Act, which prohibits most abortions in the state. The Supreme Court is expected to hear arguments in late April, with a decision to follow by early July.

I joined U.S. Senator James Risch (R-ID) and a bicameral group of our colleagues in signing an amicus brief in Moyle v. United States of America and Idaho v. United States of America. The lawmakers state, as pro-life elected representatives, they are committed to protecting women, unborn children, and families from the harm of abortion. They argue the EMTALA safeguards women and unborn children, and does not authorize elective induced abortions. Additionally, the bicameral group of policymakers state the abortion mandate not only subverts Congress’ pro-life policy stance, but violates the major questions doctrine, and is part of a “string of lawless federal administrative actions devising abortion protections.”

“Amici write to highlight how (I) EMTALA’s text and legislative history is pro-women and pro-unborn children,” the brief stated. “The DOJ is attempting to devise a health exception to permit elective induced abortions, but a proper reading of the statute does not authorize abortion violence; (II) federal policy is pro-life and has limited the harms of elective induced abortion through funding restrictions, conscience protections, and other pro-life safeguards; and (III) the U.S. Department of Health and Human Services (“HHS”) formulated the EMTALA abortion mandate, which violates the major questions doctrine, and is part of a disquieting string of federal administrative actions that have sought to contrive federal abortion protections, especially following this Court’s decision in Dobbs v. Jackson Women’s Health Organization, 142 S. Ct. 2228 (2022).”

“EMTALA does not mandate elective induced abortions in America’s emergency rooms. For the reasons set forth above, Amici urge the Court to reverse,” the brief concluded.

Bicameral Amicus Brief Challenges FDA’s Deregulation of Chemical Abortion Drugs

In less than a month, the Supreme Court of the United States is expected to hear arguments in Food and Drug Administration v. Alliance for Hippocratic Medicine, a case challenging the agency’s deregulation of chemical abortion drugs in 2016 and 2021. According to the Guttmacher Institute, abortion medication accounted for 53% of all facility-based abortions in the United States in 2020. Preliminary data published in 2022 indicated it accounted for 54% of all abortions.

In 2016, the Food and Drug Administration (FDA) removed patient safeguards, including the obligation of in-person administration of misoprostol and a follow-up appointment. Five years later, the FDA removed the in-person dispensing requirement, which allowed mifepristone to be prescribed remotely and sent via mail. In April, the Fifth Circuit affirmed a stay of the FDA’s 2016 and 2021 actions, stating the actions likely violated the Administrative Procedure Act.

For the first time since Dobbs v. Jackson Women’s Health Organization, the issue will come before the Supreme Court on March 26. Justices will examine whether the agency’s actions to deregulate mifepristone were arbitrary and capricious and if the district court properly granted preliminary relief. Additionally, the court will decide if the respondents have the legal standing to challenge the FDA’s actions pertaining to the approved conditions of mifepristone’s use.

I joined U.S. Senator Cindy Hyde-Smith (R-MS), U.S. Representative August Pfluger (R-TX-11), and our colleagues in filing an amicus brief in support of the plaintiffs, led by the Alliance for Hippocratic Medicine. As pro-life elected representatives, we explained we are committed to protecting women and adolescent girls from the harms of the abortion industry. The FDA’s actions have only endangered women seeking chemical abortions.

Throughout the amicus brief, we argued the failure by the FDA to adhere to the Federal Food, Drug, and Cosmetic Act (FDCA) breaches patient safeguards and has resulted in health and safety risks to women and girls; the chemical abortion drugs carry significant risks; the actions taken by the FDA has endangered patient health and safety; and the decision to permit mail-order chemical abortion drugs is a violation of federal law.

U.S. Army Corps of Engineers Awards $13 Million Contract for North Dakota Flood Protection Project

The U.S. Army Corps of Engineers (USACE) issued a contract announcement of $13,208,257.50 to HSG Park Joint Venture 2, LLC to complete the Southern Embankment Reach SE-1B segment of the Fargo-Moorhead Area Flood Diversion Project. Construction on the diversion project is estimated to be completed in 2027.

These funds were provided by the fully paid-for Infrastructure Investment and Jobs Act (IIJA), which I helped shepherd through Congress. The USACE received $437 million in funding under the IIJA to complete all remaining federal work for the diversion project.

In May, I penned an op-ed in The Washington Times on the economic benefits of water infrastructure investments in North Dakota.

National Energy Resources Organization (NERO)

I joined the National Energy Resources Organization (NERO) to speak about my PROVE IT Act, permitting reform, and FERC’s importance. America’s energy innovation makes us exceptional, and our public policies should bolster the good work our producers do!

Norm Brownstein, Mark Rowan, and David Krone

I had an engaging discussion with Norm Brownstein, Mark Rowan, and David Krone about how critical it is to combat growing antisemitism across the U.S., particularly when it comes to American college campuses.

Missouri River Energy Services

Thank you to the Missouri River Energy Services for meeting with me to talk about permitting reform, transmission concerns, and the Biden administration's heavy-handed regulations which prevent electricity providers from providing reliable and affordable power to their customers.

General Anthony Cotton, U.S. Strategic Command

Met with General Anthony Cotton, Commander of the U.S. Strategic Command, to discuss nuclear modernization, the importance of Minot to nuclear deterrence, and the B-52 engine replacement program.

HHS Awards More Than $1.4 Million to North Dakota Department of Health and Human Services

The U.S. Department of Health and Human Services (HHS) announced an award of $1,450,750 to the North Dakota Department of Health and Human Services to help strengthen public health infrastructure and workforce capacity to meet the needs of the community and population it serves. This grant was administered through the Center for Disease Control and Prevention’s (CDC) Office of Surveillance, Epidemiology and Laboratory Services.