Senator Cramer’s Weekly Update March 25 - April 7

Adjutant General of North Dakota National Guard Major General Alan Dohrmann Announces Retirement

On Friday, Major General Alan Dohrmann, adjutant general of the North Dakota National Guard (NDNG) and director of the North Dakota Department of Emergency Services, announced his intention to retire effective September 30.

Al has been, is, and always will be a trusted advisor for me in my roles on the Senate Armed Services and Senate Veterans’ Affairs Committees. His 40 years of service and sacrifice to our country and state are remarkable.

From serving in the Army and North Dakota National Guard to managing emergencies here at home in North Dakota, he has left a profound impact on our state. We are grateful for his leadership and dedication to North Dakota.

Maj. Gen. Dohrmann has served as North Dakota adjutant general and Emergency Services director since 2015. Previously, he served eight years as deputy adjutant general and commanding general of the Multinational Task Force East which supported the North Atlantic Treaty Organization’s 2009-2010 mission in Kosovo. The NDNG contributes to homeland defense in a number of ways. The Army Guard serves on the southern border, the Air National Guard conducts reconnaissance missions, and the NDNG has robust state partnerships with Ghana, Benin and Togo. Dohrmann’s leadership has contributed enormously to the success of all the North Dakota National Guard’s responsibilities at home and abroad.

Roundtable Discussion Highlights Future Expansion Plans for the Fargo National Cemetery

During a roundtable discussion hosted by U.S. Senator John Hoeven, I participated with U.S. Department of Veterans Affairs (VA) Under Secretary for Memorial Affairs Matthew Quinn to discuss future development plans for a visitor’s center at the Fargo National Cemetery.

During times like these, I’m reminded how blessed we are to live where we live. Thank you to everyone who has given up hours, days, weeks, as well as valuable resources, for the purpose of honoring our veterans in such a way.

We may disagree on some details as we move along, but there's no confusion everybody at this event cares deeply about this veterans’ center project. For three administrations over the course of 12 years, leaders have come and gone, but bureaucracy has remained the same. Senator Hoeven and I extend our gratitude to General Quinn, who has helped be a problem solver for us and fixed how these cemeteries across the country are managed.

This may be a rural cemetery, but it’s located in a suburban community, and North Dakotans want to make this happen. We don't mess around. It's time for us to roll up our sleeves and do it the right way. We are all on the same side, working toward the same goal.

Established in 2019, the Fargo National Cemetery became one of the nation’s first rural national cemeteries and serves the burial needs of more than 30,000 veterans, in addition to their spouses and other eligible family members. In January, the National Cemetery Administration announced the expansion of the cemetery’s footprint to 35 acres.

During a Senate Veterans' Affairs Committee hearing, I questioned Quinn about how to ensure a positive outcome for all stakeholders involved in the expansion of the VA national cemetery in Fargo.

Two Federal Courts Agree FHWA’s Greenhouse Gas Emissions Rule is Illegal

Two federal courts issued decisions against the Federal Highway Administration’s (FHWA) rule requiring states to measure tailpipe emissions on the National Highway System and then set declining targets to reduce emissions from roadway travel. In a clear rejection of the Biden administration’s overreach, both decisions reiterate Congress never gave the executive branch this authority.

The absence of a prohibition is not a license for the bureaucracy to do whatever it pleases. As I’ve said repeatedly over the past year, Congress debated and declined to give FHWA the authority to promulgate this rule, yet the agency pushed forward anyway. These rulings underscore agencies must abide by the law, not invent the authority they desire.

North Dakota resoundingly rejects this illegal rule. North Dakota’s Department of Transportation objected in writing, the state joined this litigation, and I am leading bipartisan legislation to kill it. The Biden administration should’ve never introduced this rule, but now they should recognize their failures and drop it.

Judge James Wesley Hendrix, U.S. District Court for the Northern District of Texas:

"If the people, through Congress, believe that the states should spend the time and money necessary to measure and report GHG emissions and set declining emission targets, they may do so by amending Section 150 or passing a new law. But an agency cannot make this decision for the people. An agency can only do what the people authorize it to do, and the plain language of Section 150(c)(3) and its related statutory provisions demonstrate the DOT was not authorized to enact the 2023 Rule."

Judge Benjamin Beaton, U.S. District Court for the Western District of Kentucky:

"If the Administrator were allowed to shove national greenhouse-gas policy into the mouths of uncooperative state Departments of Transportation, this would corrupt the separation of sovereigns central to our lasting and vibrant system of federalism. Neither the Constitution nor the Administrative Procedure Act authorizes administrative ventriloquism."

Fox Business Interview Highlights Federal Reserve’s Policies, EPA’s EV Mandate

I joined Larry Kudlow, Steve Moore, Chief Economist for the Institute for Economic Freedom and Opportunity, and Taylor Riggs, Co-Host of The Big Money Show, on Fox Business. We discussed potential Federal Reserve interest rate actions and the Environmental Protection Agency’s recent efforts to effectively mandate the transition from vehicles with combustion engines to battery-powered electric vehicles (EVs).

On Inflation and Supply Chain Demand:

Energy prices, high energy prices, will add to the inflation of everything we grow, produce, manufacture, move from one place to another place, whether you’re receiving it or whether you’re sending it to another market. This is the direct result of bad public policy. The Federal Reserve cannot fix bad energy policy.

On the Federal Reserve Potentially Lowering Interest Rates:

The Fed’s objectivity is already under some scrutiny for good reasons. There's been a lot of questions about just how independent the Fed really is. Remember, Fed chairmen are always a little different just before they're reappointed than after they've been reappointed.

On the Biden Administration’s EV Mandate:

The [EV] model is broken because even with big subsidies, only rich people can buy an electric vehicle, and that's not very many people. They don't work worth a hoot in places like North Dakota, we don't have a grid that can energize them, we don't have enough transmission, we don't have enough generation, and we're closing all the efficient power plants in the country. It's so upside-down and so screwed up that Donald Trump can’t get in the White House fast enough.

U.S. Air Force Implements Plan for Cold Weather Pay at North Dakota Bases

The U.S. Air Force announced the implementation of a plan to introduce Assignment Incentive Pay for eligible Airmen and Guardians stationed at cold weather locations, bases where the temperature reaches -20 degrees Fahrenheit or below. This plan was authorized by the Senate Armed Services Committee, on which I serve. Eligible military stations in North Dakota include Minot Air Force Base, Cavalier Space Force Station, and Grand Forks Air Force Base.

We North Dakotans know dealing with our winters is not a joke. Anybody who has purchased a North Face jacket knows just how expensive it is to dress for winter.

We need snowblowers to clear our driveways, and we have to have emergency supplies in our vehicles in case we get caught in a blizzard, and most of us try to avoid that obviously. This announcement from the Air Force really follows through on our intent to make sure our Airmen and Guardians, who serve in places like Minot, Grand Forks, and Cavalier are properly compensated for the significant added winter expenses.

I’m grateful to see this cold weather pay roll out to make these winters a little less expensive and stressful for our servicemen and women who are stationed here in North Dakota and already sacrificing so much to stand in the gap for our freedom.

Upon implementation, the Fiscal Year 2023 National Defense Authorization Act authorized special duty pay for members based in cold-weather locations. This additional payment will support Airmen and Guardians at these bases by offsetting the costs of extreme cold weather gear including all-season and snow tires, tire mounts and alignments, engine block heaters and emergency winter car kits.

The Air Force is expected to implement the Assignment Incentive Pay on July 1.

In March, I joined U.S. Senators Lisa Murkowski (R-AK), Dan Sullivan (R-AK), and John Hoeven (R-ND) in sending a letter to the Secretary of the Air Force Frank Kendall, calling for the implementation of cold weather pay. This compensation will make it easier for servicemembers and their families to live and thrive in cold weather locations across the country.

USPS Releases Interim Audit of Facilities in Bismarck, Mandan, and Minot

The U.S. Postal Service (USPS) Inspector General (IG) released its interim audit of facilities in Bismarck, Mandan, and Minot, which found delayed mail and other operational deficiencies at each facility. U.S. Senator John Hoeven, Congressman Kelly Armstrong, and I released the following statement in response.

The interim audit recommended district management properly allocate resources at the manual letter and flat operations units and verify the mail is sorted in time to meet dispatch daily at the Bismarck Processing and Distribution Center (P&DC). The interim audit suggests training employees at the Bismarck P&DC on the correct trip classification and verifying these procedures are followed. This includes confirming all drivers are using wheel chocks at the center, verifying supervisors at the centers are trained on proper mail flow procedures in processing operations, and implementing additional strategies to fill the supervisor of distribution operations vacancy.

Earlier this year, we pressed the IG to include North Dakota communities in its postal audit of the Minnesota-North Dakota District. Our delegation also secured a commitment from the IG to audit postal facilities in Dickinson, Grand Forks, and Fargo, which will be included in the full district audit report to be released in May. Our offices were briefed on the results of the interim audit and provided additional feedback as the IG’s full audit proceeds.

We requested the USPS IG audit include additional North Dakota facilities, highlighting specific issues, including:

• Mail and newspaper delays
• Broken and unavailable cluster box units
• Ongoing concerns and questions regarding USPS’ proposal to relocate some mail processing in the Bismarck and Grand Forks region

After we outlined concerns with USPS plans to relocate mail processing in the state, the USPS IG informed us it is conducting a review of the USPS’ nationwide effort to relocate mail processing at certain facilities. We've heard concerns from constituents regarding the Mail Processing Facility Reviews (MFPRs) being undertaken in Bismarck and Grand Forks. This IG report is expected to evaluate the MFPR process and include findings and recommendations on how to improve the process.

Senators Introduce Resolution in Defense of Israel

I joined U.S. Senator Tim Scott (R-SC) in introducing a resolution expressing the sense of the Senate that Israel has the inherent right to defend itself and take necessary steps to eradicate the terrorist threat posed by Hamas. Additionally, our resolution states any call for elections in Israel by a United States government official is to be considered an act of electoral interference.

With the passage of S. Res. 417, the United States Senate reaffirmed its support of Israel’s right to self-defense. During a recent, unprecedented speech on the Senate floor, Majority Leader Chuck Schumer called for new elections to be held in Israel, stating the “Netanyahu coalition no longer fits the needs of Israel after October 7. The world has changed — radically — since then, and the Israeli people are being stifled right now by a governing vision that is stuck in the past.”

Israel is our closest ally in the Middle East and the only sovereign, democratic state in the region. It faces perpetual threats from Hamas and other terrorist organizations targeting its very existence.

The Jewish state of Israel has every right to defend itself, and it is wholly inappropriate for the American government to interfere in its elections. Israel is our ally and friend, and our actions and words should reflect this reality.

Resolution Denounces Biden Administration’s Immigration Policies, Failure to Secure the Southern Border

Under the Biden administration, the United States has experienced the worst border security crisis in American history. After being sworn in, President Biden immediately took executive action to reverse the Trump administration’s successful immigration policies, including halting construction of the wall at the southern border, suspending the Remain in Mexico policy, and lifting the travel ban from certain high-risk countries.

The open border policies implemented by the Biden administration have incentivized nearly 9,300,000 illegal immigrants to arrive at the southwest border and allowed at least 6,300,000 immigrants to travel to communities throughout the country. Recent data released by the U.S. Customs and Border Protection (CBP) show overall illegal crossings along the southwest border in February totaled 189,922, a 21 percent increase from February of 2023.

I joined U.S. Senator Rick Scott (R-FL) in introducing a resolution denouncing the Biden administration’s immigration policies. A similar measure, H.Res.1065, passed the U.S. House of Representatives with bipartisan support.

The Biden administration’s inept immigration policies and obvious disregard for border security constitute a clear dereliction of duty, exacerbating the humanitarian and security crisis at the southern border. Under Joe Biden's presidency, his administration has not just neglected but deliberately dismantled our border defenses, embracing a disastrous 'come one, come all, secure never' policy.

Far from mere incompetence, this is calculated neglect, endangering our nation and unjustly penalizing law-abiding individuals. It is time to put an end to this crisis and immediately secure our southern border.

Our Senate resolution affirms in order to help control the crisis at the border, the Biden administration has the authority to end the catch-and-release policy; reinstate the Migrant Protection Protocols; enter into asylum cooperative agreements; end abuses of parole authority; detain inadmissible aliens; use expedited removal authority; and reign in taxpayer-funded benefits for illegal aliens. While the administration has refused to use such authorities, our resolution urges the immediate use of them.

Senators Demand Transparency from Biden Administration Following Release of Additional Iran Sanctions Waivers

Last month, the Biden administration reissued a $10 billion Iran sanctions waiver, unlocking frozen funds and allowing the country to access hard currency from Iraq’s continued electricity purchases from Iran. In light of this recent decision, I joined Ranking Member of the Senate Committee on Banking, Housing, and Urban Affairs U.S. Senator Tim Scott (R-SC) in sending a letter to Secretary of the Treasury Janet Yellen and Secretary of State Antony Blinken to hold the administration accountable and demand transparency for the American people on payments to Iran.

We expressed two primary concerns with the decision to renew the waiver: it makes restricted funds more accessible to the Ayatollah’s regime, at a time when Iranian-backed aggression in the region is at a peak, and the administration appears to be disregarding congressional intent that any payments made to Iran remain severely restricted.

“We write again to express concern regarding the Biden administration’s ongoing strategy of appeasement in response to Iranian aggression,” we wrote in our letter. “It is unfathomable that this is the context in which the administration determined that it was within the national security interest of the United States to waive sanctions on restricted Iranian funds, making them more accessible to the regime. If we want to actually restore deterrence in the region, those funds should be placed further out of Iran’s reach, not closer.”

“The United States should be restricting Iran’s access to currency abroad. Instead, your administration is expanding it, all while continuing to share limited information on a strategy to restore deterrence in the Middle East with Congress or the American people,” our letter continued. “Thank you for your cooperation on this important national security inquiry.”

Letter Inquires How the DOD Evaluates U.S. Activities Relating to Defense Expenditures of NATO Members

To further safeguard the military readiness of the North Atlantic Treaty Organization (NATO), member Heads of State and Governments first agreed in 2014 to commit two percent of their national gross domestic product (GDP) to defense spending. Despite this agreement, NATO has projected only 18 allies to meet this threshold of defense spending in 2024. This means barely half of the alliance’s members will meet the deadline.

I joined U.S. Senator Tom Cotton (R-AR) and our colleagues in sending a letter to Secretary of Defense Lloyd Austin, inquiring how the department plans to implement Section 1250 of the Fiscal Year 2024 National Defense Authorization Act (NDAA). This provision requires the Secretary of Defense to examine whether a member of the NATO “has achieved defense spending of not less than 2 percent of its gross domestic product” when considering matters related to United States military basing, training, and exercises within the alliance.

Our letter points out many wealthy NATO members have relied on others within the alliance, particularly the United States, to make necessary investments to achieve collective defense. We explained the United States cannot be expected to satisfy its financial obligation if other members of NATO are unwilling or unable to do the same.

“Our government must hold these allies accountable and Section 1250 of the FY24 NDAA is an important step in that direction. […] NATO is not a charity; it’s a military alliance. All NATO members must bear a meaningful share of the burdens of collective defense,” we wrote in our letter. “We therefore request an update no later than March 18 on how the Department of Defense evaluates U.S. activities as they relate to NATO members’ defense expenditures, in compliance with the requirement in the FY24 NDAA.”

Lawmakers Concerned About Possible Reclassification of Potatoes as a Grain

While potatoes have been classified as a vegetable since the inception of the U.S. Department of Agriculture (USDA), recent media reports speculate the 2025-2030 Dietary Guidelines for Americans (Dietary Guidelines) could recategorize them as a grain. The Dietary Guidelines, published by the U.S. Department of Health and Human Services (HHS) and the USDA every five years, provides food-based recommendations to update nutrition standards.

In a letter to USDA Secretary Thomas Vilsack and HHS Secretary Xavier Becerra, I joined U.S. Senator Susan Collins (R-ME) to express opposition to the notion of reclassifying potatoes as a grain. We stated if potatoes were to be recategorized, consumers would miss out on vital nutrients, and any change to potatoes’ current classification under the Dietary Guidelines would immediately confuse consumers, retailers, restaurant operators, growers, and the entire supply chain.

“That is one of the reasons that the trade groups of both sides of this classification debate have filed comments in opposition to potatoes being defined as anything other than a vegetable,” we wrote. “In addition, our federal nutrition programs rely on the DGAs to ensure that program beneficiaries are receiving well-balanced, nutritious food. Such a change could also come at a cost to our nation’s schools. Under the National School Breakfast and National School Lunch Programs, schools already struggle to meet vegetable consumption recommendations at a reasonable cost, and potatoes are often the most affordable vegetable.”

In our letter, we argued classifying potatoes as a grain would go against a 2013 National Library of Medicine Study which states, “potatoes should be included in the vegetable group because they contribute critical nutrients. All white vegetables, including white potatoes, provide nutrients needed in the diet and deserve a prominent position in food guides.”

“Given this strong, fact-backed assertion produced from the National Library of Medicine study, it does not make any sense for your departments to reclassify potatoes as a grain,” our letter concluded. “We strongly urge you to avoid reclassifying potatoes as a grain or suggest grains and potatoes are interchangeable. Given the rapid timeline that the DGAs are on, we ask that you provide us an update on this issue as soon as possible.”

Interior Department Issues Impractical, Restrictive Rule Regulating Methane Venting and Flaring

The Department of the Interior issued a final rule on Wednesday from the Bureau of Land Management (BLM) to add burdensome, redundant regulations on oil and gas producers operating on federal and Tribal lands.

This rule is another step backwards for American energy. It will drive up the cost of energy even to the point of shutting some production down. Instead of issuing such a duplicative, punitive rule, the Biden administration should focus instead on streamlining permitting processes to encourage more domestic production, not less.

The rule establishes a new royalty on flared gas, monthly limits on allowable flaring, and new application requirements for operators regarding their ability to capture produced natural gas before they can obtain a permit to drill.

More than 30 percent of North Dakota’s minerals are split estate lands and Bakken oil is produced along with rich gas streams. Due to the burdensome red tape involved with permitting takeaway infrastructure on federal and tribal lands, North Dakota faces significant takeaway capacity constraints and producers are often forced to flare the associated natural gas from oil production.

United States District Court Rejects Dakota Resource Council Lawsuit, Reinforcing Quarterly Lease Sales

A United States District Court rejected a lawsuit issued by Dakota Resource Council and other non-government organizations (NGOs) which would have forced a nationwide environmental impact statement (EIS) for each quarterly oil and gas lease sale. North Dakota intervened to defend quarterly lease sales of federal minerals in the state.

The court found the Bureau of Land Management (BLM) conducted an extensive environmental analysis and claimed the six challenged lease sales would not cause “unnecessary and undue degradation” under the Federal Land Policy and Management Act (FLPMA), which governs the way public lands administered by the BLM are managed.

Overzealous environmental activists are hellbent on deploying every delay tactic in the book to oppose the mandated lease sales. While the judge seemed sympathetic, even he couldn’t find a way forward for this frivolous lawsuit. This is a step in the right direction for energy consumers, schools, parks, and other infrastructure projects funded by regular lease sales.

In March of 2023, U.S. District Judge Daniel Traynor ordered the BLM to resume quarterly oil and gas lease sales in North Dakota. I have responded to other BLM actions to inhibit federal old and gas production, including an onshore oil leasing rule which would hike up costs for oil and gas companies and duplicative methane regulations which BLM recently finalized.

Letter Calls on FEMA to Revise Methodology Used to Offer Assistance Following Snowstorms

Across the United States, counties which grapple with frequent severe snowstorms can only receive assistance from the Federal Emergency Management Agency (FEMA) if the National Weather Service (NWS) determines it received a record or near record 1-day, 2-day, or 3-day snowfall. As defined by the NWS, a “day” refers to a full calendar day, “which is consistent with first-order climate records. Measurable snowfall (at least 0.1 inches) had to fall on 2 (3) consecutive days in order for it to count as a 2 (3)-day snowfall total.” FEMA considers “near record” to mean within 10 percent of the record snowfall.

I joined a significant bipartisan group of senators in sending a letter to FEMA Administrator Deanne Criswell, requesting the agency update its methodology for determining what warrants federal reimbursement of snow-related activities following a severe snowstorm. The current policy does not allow counties or Tribal communities to claim expenses for snow removal, de-icing, salting, creating snow dumps, and sanding roads in their major disaster declaration applications if the snowstorm's severity does not surpass NWS records.

We suggested FEMA should work with the NWS to devise a “multi-pronged, statistically driven approach to develop an inclusive and complete system for assessing which snowstorms rise to the level of a federal response.”

“With extreme storm systems becoming increasingly common, FEMA must be prepared with formulae that help ensure an appropriate disaster response. […] Increasingly intense and destructive snowstorms across the United States in recent years have highlighted why FEMA must update its methodology to ensure that federal funds can flow to communities that have been inundated with storms beyond their capacity to respond to,” we wrote in our letter. “We stand ready to support FEMA as it develops a more inclusive and complete reimbursement methodology for future storms.”

“We are confident that a multi-pronged, statistically driven approach for determining if federal reimbursement for snow-related activities is warranted following a severe snowstorm, and strongly believe that this interpretation will allow FEMA to better fulfill its mission to help people before, during, and after disasters,” our letter concluded. “Our states' residents have seen firsthand how difficult it is to dig out after a severe snowstorm, and FEMA's assistance is critical to ensuring that communities impacted by severe weather can recover and rebuild to be more prepared for the next storm.”

HHS Awards More Than $3.4 Million for Head Start Programs in North Dakota

The U.S. Department of Health and Human Services announced an award of $3,414,039 in discretionary funding for the following Head Start and Early Head Start projects in North Dakota:

• $1,354,289 to the North Dakota School for the Deaf, located in Devils Lake
• $2,059,750 to the Southeastern North Dakota Community Action Agency (SENDCAA), located in Fargo

These funds, distributed through the Administration for Children and Families, will support Head Start and Early Head Start programs as they promote early childhood learning, health, and development initiatives, as well as family and community support services.

Cankdeska Cikana Community College Receives More Than $1.5 Million for Head Start

The U.S. Department of Health and Human Services (HHS) awarded a total of $1,541,799 to Cankdeska Cikana Community College. These funds are distributed through the Head Start Indian Grants program, which promotes early childhood learning, health, and development initiatives, as well as family and community support services.

HHS Awards More Than $400,000 to North Dakota State University

The U.S. Department of Health and Human Services (HHS) announced an academic research enhancement award of $434,929 to North Dakota State University. This grant, distributed through the Eunice Kennedy Shriver National Institute of Child Health and Human Development, will support early childhood homophone learning.

FAA Awards $100,000 to Barnes County Municipal Airport Authority

The U.S. Department of Transportation’s Federal Aviation Administration awarded $100,000 to the Barnes County Municipal Airport Authority. These Airport Infrastructure Grant (AIG) Program funds will support the reconstruction of the existing airport lighting vault which has met its life expectancy.

The fully paid-for Bipartisan Infrastructure Law established the AIG program in 2021 to provide airports funding for modernization and safety projects.