Senator Cramer’s Weekly Update March 4-10

Week Four Wrap Up of Historic Dakota Access Pipeline Trial

Throughout the last four weeks of trial in North Dakota v. United States, more than a dozen witnesses have appeared before the court on behalf of the state, providing testimony and evidence demonstrating the federal government neglected the state of North Dakota during the eight-month long Dakota Access Pipeline (DAPL) protests. The demonstrations, which caused North Dakota more than $38 million in damages, created a public safety crisis when activists unlawfully occupied federal lands and frequently staged aggressive protests.

This week’s witnesses made the truth painstakingly obvious: the Obama regime ignored North Dakota’s requests for assistance while actively working against promoting law and order. [...] The media and popular narrative surrounding the protests is so far from reality it’s almost funny, and the testimony from this trial is finally correcting the DAPL fiction pushed by liberals.

Week four featured testimony from several witnesses, including Holly Gaugler, an accounting manager for the North Dakota Department of Emergency Services, Ronald Tolstad, a certified public accountant and former auditor for North Dakota, Assistant Secretary of the Army (ASA) for Civil Works Jo-Ellen Darcy, and former Chief of Engineers and Commanding General of the Army Corps of Engineers Todd Semonite.

The court also heard from Dr. Katherine Kuhlman, a Doctor of Psychology, who claimed the federal government invited, encouraged, and supported protesters to remain at the DAPL protests, and Paul Ward, former U.S. Marshal for North Dakota. Ward, who served during most of the protest activity, said he made numerous requests for federal law enforcement support, all of which were denied. Robert Handy, a law enforcement expert and former Principal Deputy to the ASA Civil Works Lowry Crook, Moira Kelly Gipe, witness for the Department of the Army and Special Assistant to ASA Darcy, and Patrick Wynters Hornbuckle, witness from the DOJ also testified.

By Friday, the federal government made a motion for direct judgement claiming USACE could not be held liable for third party conduct, and the State of North Dakota was responsible for pushing the protestors to the main camp. The federal government said the USACE’s actions were reasonable, even though the State never asked the agency to remove the protesters. Judge Traynor denied the federal government’s motion stating the USACE violated a nondiscretionary duty. He said if we don’t hold generals in the USACE and cabinet level secretaries accountable to the rule of law, how can any citizens feel like they must obey the rule of law.

President Biden Delivers 2024 State of the Union Address

I thought President Biden's 2024 address was the worst State of the Union I have ever listened to or sat through. We listened to an unhinged, angry, bitter old man screaming and pointing his finger at all his naughty children instead of taking responsibility for the messes he caused.

He is pretending the economy is okay after he drove inflation up to near double digits, over 20% in his three years. He drives the crime rate up with the cutting of police departments and the wide-open border where he put out the welcome sign to all the illegals, thugs, cartels, and human traffickers.

Then he blames Congress for the very things he did on his first day in office, talking about the need for more regulation and more taxes at a time when we have been regulated and taxed to death, destroying American companies, jobs, and opportunities.

Then you have this geopolitical nonsense. This guy has made us a laughingstock in the world, and we have wars breaking out all over the place. His weakness and response in everything from the Houthis to Vladimir Putin to Hamas, it is just remarkable how he tried to rewrite history, except nobody is buying it.

People know their own circumstances. They can see the problems and the crime in the streets, and they feel unsafe. This all happened in the last three years under the watch of Joe Biden.

He is Donald Trump obsessed. I have never quite seen a candidate running for re-election spend his hour on national television as the President of the United States giving the State of the Union, dividing people worse than he did with his class, race, and political warfare.

Donald Trump probably owes Joe Biden a bunch of money for rent, because he is clearly living in whatever space there is in his head.

It was painful to watch. I almost felt badly for the old guy. I hope we can keep it together as a nation until we can make a change in the White House.

Photo by Chip Somodevilla/Getty Images

Senate Passes Fiscal Year 2024 Appropriations Minibus

On Friday, the United States Senate passed H.R. 4366, a package of six Fiscal Year 2024 appropriations bills, by a vote of 75 to 22. The legislation, which previously passed the House of Representatives with broad support and a vote of 339 to 85, will continue funding for several government agencies, avoiding a partial government shutdown.

Once again, we find ourselves dealing with the consequences of dysfunction. While the bills in this minibus should have been passed individually seven months ago, Leader Schumer put us down a path of large funding packages devoid of substantive amendments.

However, Senate Appropriators cleared each bill with overwhelming support from both conservative Republicans and left-leaning Democrats. It’s refreshing to see some semblance of regular order and avoid a partial shutdown or another continuing resolution.

This bill is consistent with Fiscal Responsibility Act spending caps, resulting in the first cut to non-defense, non-VA spending in a decade. It also secures important conservative policy wins to protect Second Amendment liberties, block federal funding for abortions, prohibit DOJ from targeting parents or religious organizations, and slashes billions from the President’s budget request.

This bill is not perfect, but from Fargo to Dickinson and everywhere in between, it has many wins for North Dakota.

The government funding package provides for several key agencies and programs pertaining to military construction, veterans’ affairs, agriculture, rural development, food and drug administration, commerce, justice, science, energy and water development, environment, transportation, housing, and urban development.

Federal Reserve Chair Jerome Powell Testifies Before Senate Banking Committee

On Thursday, Federal Reserve Chair Jerome Powell testified before the Senate Committee on Banking, Housing, and Urban Affairs, where he discussed the semiannual Monetary Policy Report. As required by the Federal Reserve Act, the report is submitted to Congress every six months, in addition to providing testimony from the Federal Reserve Board Chair before the Senate Banking Committee.

On October 24, 2023, federal bank regulatory agencies jointly finalized principles to provide framework for the safe and sound management of exposures to climate-related financial risk for the largest financial institutions, those with $100 billion or more in total assets. During the hearing, I first asked Powell whether it is appropriate or necessary for financial regulators like the Federal Reserve, Office of the Comptroller of the Currency (OCC), and the Federal Deposit Insurance Corporation (FDIC), to weigh in on public policy matters, especially related to climate risk.

Through an Executive Order issued in 2022, the Biden administration encouraged the Federal Reserve to continue central bank digital currencies (CBDC) research, experimentation, and evaluation to assess the benefits and risks of creating a digital dollar. As a cosponsor of the Central Bank Digital Currency Anti-Surveillance State Act, I asked Powell about the implications of the administration encouraging the Federal Reserve to pursue CBDC, despite never receiving congressional approval. He stated they are nowhere near recommending, let alone adopting a central bank digital currency in any form. However, he said as technology has evolved over time, money has become digitized.

Earlier on Thursday, ahead of the Banking Committee hearing, I joined Maria Bartiromo on Fox Business to preview Powell’s testimony. We also discussed the 2024 presidential election, inflation, southern border, and the appropriations package.

CENTCOM, AFRICOM Leadership Testify on Critical ISR Needs

During a Senate Armed Services Committee (SASC) hearing on Thursday, General Michael E. Kurilla, Commander of the U.S. Central Command (CENTCOM), and General Michael E. Langley, Commander of the U.S. Africa Command (AFRICOM), testified before members about National Defense Authorization Act requests for Fiscal Year 2025 and the Future Years Defense Program (FYDP). These combatant commands are vital to the nation’s national security interests and mission to deter aggression overseas.

CENTCOM covers the Middle East. The region is among the least stable places in the world, encompassing adversarial neighboring states, various ethnic and sectarian struggles, malign influence, cyber-based threats, and growing arsenals of conventional weapons.

I first questioned General Kurilla about whether CENTCOM currently has enough airborne intelligence, surveillance, and reconnaissance (ISR) to meet its requirements. I inquired whether CENTCOM had to divert ISR assets from other CENTCOM locations, such as Afghanistan, to cover other areas in the region following the attacks on October 7.

General Kurilla explained that with limited resources, CENTCOM did have to divert ISR out of Afghanistan to cover down on threats in Iraq, Syria, and the Red Sea.

I explained I worry about the diversion of ISR because of the retirement of current unmanned systems at a very fast rate, while not producing new capabilities nearly fast enough. This leaves the United States’ military personnel and expensive assets unprotected. General Kurilla agreed we need to continue to fund additional ISR, as it provides a deterrent effect.

AFRICOM is responsible for all U.S. Department of Defense operations, exercises, and security cooperation on the African continent, its island nations, and surrounding waters.

AFRICOM has historically suffered from shortfalls in manpower and resourcing, particularly in the areas of ISR, force protection-related capabilities, and security cooperation funding. With regard to Africa, I asked General Langley about the importance of the MQ-9 Reaper and its value in the AFRICOM area of responsibility (AOR).

Supreme Court Unanimously Rules States Cannot Disqualify President Trump from Presidential Ballot

On Monday, the Supreme Court of the United States unanimously allowed President Donald Trump to remain on Colorado’s presidential ballot, rejecting partisan attempts to sway the 2024 election.

The Supreme Court did its job, unanimously disagreeing with decisions by Colorado and other hyper-partisan states to remove Donald Trump from the presidential ballot because they don’t like him. Hopefully, this is a wakeup call for the swamp.

Our Constitution and the timeless ideals it protects must always prevail over the shameless behavior we have witnessed these last several years with these supposed leaders that suffer from Trump derangement syndrome.

The Supreme Court considered whether states could enforce Section 3 of the 14th Amendment to disqualify someone from running for federal office, such as the presidency. In its decision, the Supreme Court writes, “We conclude that States may disqualify persons holding or attempting to hold state office. But States have no power under the Constitution to enforce Section 3 with respect to federal offices, especially the Presidency.”

National Labor and Management Public Affairs Committee Presents John D. Dingell Award

It was an honor to receive the John D. Dingell award from the National Labor and Management Public Affairs Committee. The International Brotherhood of Electrical Workers (IBEW) and Edison Electric Institute's recognition is a tribute to the women and men like my dad, a rural electric lineman and IBEW member, who keep the lights on when needed the most.

Senators Introduce Legislation to Save Taxpayer Money by Reforming Process to Dispose Unneeded Federal Property

The Federal Assets Sale and Transfer Act (FASTA), passed by Congress and signed into law in 2016, was enacted to address long-standing, federal deficiencies in managing its real property portfolio. It aimed to streamline the disposal of unneeded federal buildings, land, and structures, ultimately saving millions of dollars in taxpayer money.

FASTA established a six-year pilot program overseen by the Public Buildings Reform Board (PBRB) to recommend the disposal of properties in three rounds. The PBRB began operating in 2019, and its work resulted in the sale of 10 buildings, generating over $193 million in revenue. However, as of 2022, the federal government still had 7,697 vacant buildings.

After completing the first two rounds, the PBRB identified numerous challenges impacting FASTA’s overall effectiveness. U.S. Senator Mark Kelly (D-AZ) and I introduced legislation to address these outstanding issues and facilitate a successful final round. Our legislation extends the PBRB’s termination date to 2026, reduces the minimum numbers required for a quorum, ensures tribal input is incorporated in the disposal process, and enables the use of more effective disposal methods.

Keeping unneeded federal buildings open for no reason is costing American taxpayers hundreds of millions of dollars each year. It’s ridiculous and must be fixed. Our legislation is a bipartisan, pragmatic effort to get rid of these buildings faster so they can quit draining federal coffers and be put to better public use.

U.S. Representatives Scott Perry (R-PA-10) and Dina Titus (D-NV-10) introduced similar bipartisan legislation, which was unanimously passed out of the House Transportation and Infrastructure Committee late last year. These much-needed reforms will help the PBRB complete its work more effectively, resulting in greater savings to the taxpayer.

CRA Resolution of Disapproval to Block Fresh Paraguayan Beef from Being Imported to the U.S.

For 25 years, the United States has blocked the importation of fresh beef from Paraguay as a result of the Animal and Plant Health Inspection Service (APHIS) determining foot-and-mouth disease (FMD) is prevalent within the country. According to the U.S. Department of Agriculture (USDA), FMD is a “worldwide concern” due to its ability to rapidly spread and cause substantial economic losses. While the disease is still present in several other countries, the agency reported the United States eradicated FMD in 1929.

However, the USDA announced in November its decision to lift the long-standing ban and allow imports of fresh beef from Paraguay under certain conditions. Though there have been no detected cases of FMD in Paraguay since 2012, the USDA’s decision to resume Paraguayan imports relies on an analysis completed in 2018. American inspectors have not conducted a site visit to Paraguay since 2014.

I joined U.S. Senators Jon Tester (D-MT) and Mike Rounds (R-SD) in cosigning S.J. Res. 62, a Congressional Review Act (CRA) resolution of disapproval overturning the Biden administration’s rule which allows for the importation of Paraguayan beef into the United States. We also introduced a discharge petition to release S.J. Res. 62 from the Senate Committee on Agriculture, Nutrition, and Forestry.

The USDA’s repeal of the complete ban on Paraguayan beef is misguided and foolish. The final rule is based on old data and neglects to acknowledge the potential for a rapid spread of foot-and-mouth disease within American livestock. The U.S. has effectively eradicated FMD from our livestock, and resuming imports from Paraguay could reintroduce the disease our producers have worked hard to eliminate.

Several organizations support S.J. Res. 62, including the National Cattleman’s Beef Association, U.S. Cattleman’s Association, Livestock Marketing Association, R-CALF USA, and American Farm Bureau Federation. Many in the cattle and beef industry have voiced concerns about the unnecessary risks the Biden administration’s final rule poses to U.S. livestock, specifically animals with divided hooves such as cows, pigs, sheep, goats, and deer.

Senators Implore Secretary of the Air Force to Enforce Cold Weather Pay for Air and Space Force Members

The Fiscal Year 2023 National Defense Authorization Act (NDAA) provided language authorizing special duty pay to servicemembers assigned to cold weather locations to address the mental health crisis among members serving in northern locations. According to the FY 2024 NDAA, authored by the Senate Armed Services Committee on which I serve, cold weather locations are defined as any location where the temperature reaches -20 degrees Fahrenheit or below. Qualifying military stations in North Dakota include Minot Air Force Base, Cavalier Space Force Station, and Grand Forks Air Force Base.

I joined U.S. Senators Lisa Murkowski (R-AK), Dan Sullivan (R-AK), and John Hoeven (R-ND) in a letter regarding recent reports servicemembers across North Dakota, Alaska, and Montana, have yet to receive this special duty pay for performing cold weather operations, more than a year after the pay was authorized in law.

We explain cold weather locations have long endured increased risks related to suicide, a trend which has manifested across the civilian and military population. Our letter calls on the Air Force to implement this pay as Congress intended to make it easier, not harder, for servicemembers and their families to live and thrive in states like North Dakota, Alaska, and Montana.

Senators Denounce SEC's Overregulated Climate Risk Disclosure

The Securities and Exchange Commission (SEC) finalized a climate disclosure rule, which would require publicly traded companies to categorize and disclose their greenhouse gas (GHG) emissions data.

The SEC’s final climate disclosure rule is the definition of federal overreach. Congress didn’t give the SEC any authority for this mandate, nor is the Commission an environmental regulator.

Not only is this outside their legal bounds, forcing publicly traded companies to report their emissions data opens them up to new liabilities while giving a competitive edge to dirtier foreign producers who have no such burdensome requirements.

Existing security regulations mandate publicly traded companies to annually and periodically disclose material risks and its financial impact. Many companies already share extensive information on sustainability practices. Requiring the disclosure of non-material information runs afoul of the First Amendment prohibition against compelled speech, and public companies could face billions in new compliance costs to meet the new requirements.

This rule will drastically impact markets and long-term investments and starve domestic energy producers of access to the credit and capital needed to grow production in the United States instead of relying on dirtier sources of energy overseas. North Dakota is a leader in clean energy solutions to create a dependable energy source for today and the future, but once again unelected bureaucrats have chosen regulation over innovation.

In April 2022, I led my Republican colleagues on the Senate Banking and Environment and Public Works (EPW) Committees in a letter calling on the SEC to withdraw the proposed rule. In January, U.S. Senator Shelley Moore Capito (R-WV) and I wrote a letter to SEC Chair Gary Gensler highlighting our disapproval of the rule and its mission to hinder domestic energy producers’ access to capital and fuel even higher energy prices.

EPW Leaders Introduce Legislation to Reauthorize U.S. Economic Development Administration

Founded in 1965, the U.S. Economic Development Administration (EDA) was established to help create and retain jobs, and stimulate growth in economically-distressed communities throughout the country. Since its creation, EDA’s programs and initiatives have supported a wide range of economic development activities to improve local economies, including workforce training and infrastructure development.

While EDA receives annual funding through the appropriations process, it has not been reauthorized since 2004. This underscores the need to reassert congressional direction over the agency and update its mission to effectively serve the needs of communities nationwide. U.S. Senators Mark Kelly (D-AZ) and I, as the Chairman and Ranking Member of the Senate Environment and Public Works (EPW) Transportation & Infrastructure Subcommittee, along with EPW Committee Ranking Member U.S. Senator Shelley Moore Capito (R-WV) and Chairman U.S. Senator Tom Carper (D-DE), introduced the Economic Development Reauthorization Act of 2024, to amend EDA’s reauthorization. This bipartisan legislation updates funding levels in a fiscally responsible manner, emphasizes infrastructure projects, provides opportunities for small rural communities, and supports locally-driven economic development decisions.

Modernizing the Economic Development Administration’s mission and funding levels is Congress’ responsibility and long overdue. This bill provides critical updates to the agency’s programs and initiatives and will better support EDA’s mission to facilitate locally-driven economic growth. This reauthorization emphasizes hard infrastructure and workforce development while including specific reforms to benefit the small, rural communities across North Dakota.

I secured a number of wins for North Dakota in this legislation:

• Includes language in the findings section highlighting challenges faced by rural communities with limited tax revenue in addressing costly infrastructure needs.
• Authorizes EDA, when awarding Public Works and Economic Development grants, to consider how a project may help highly rural communities with a limited tax base address infrastructure needs
• Allows communities of under 10,000 people to receive EDA grants at 100% federal cost share if they meet one of the existing economic distress criteria
• Authorizes appropriations of $40 million annually through Fiscal Year 2029 for the Northern Great Plains Regional Authority
• Increases the authorized funding level for EDA Partnership Planning Grants and raises the federal cost share from 50 to 60%

American Association of Oral & Maxillofacial Surgeons

I spoke to American Association of Oral Maxillofacial Surgeons members for their Day on the Hill this week. It was an honor to receive their 2024 Legislator of the Year Award for my work to support the oral and maxillofacial surgery industry.

Standing Rock Sioux Tribe Chairwoman Janet Alkire

It was my honor to have Janet Alkire, Chairwoman of the Standing Rock Sioux Tribe, as my guest for the State of the Union. It is a privilege to work with her to ensure the Tribe’s voices are heard.

Pioneer Equipment Dealers Association Board of Directors

I caught up with the Pioneer Equipment Dealers Association Board of Directors. We discussed the issues facing their approximately 350 members throughout Minnesota, North Dakota, and South Dakota, including the importance of workforce development and immigration reform.

United States Senate Youth Program

The United States Senate Youth Program gives high school students the opportunity to learn about the federal government and careers in public service. I enjoyed meeting Lauren Beck and Brianna Schmitz. These young leaders from North Dakota have bright futures ahead of them!

Close Up Washington

Thanks to Ray High School for stopping by my office today as a part of Close Up Washington. It is always a highlight to visit with North Dakota students!

North Dakota Fraternal Order of Police

I met with Joseph Johnson from the North Dakota Fraternal Order of Police, an organization representing more than 1,100 law enforcement officers across our state. We spoke about their priorities for the 118th Congress and how I can support these efforts.

Former Senator Phil Gramm

I enjoyed meeting with former Senator Phil Gramm and folks from Titan, a leading provider of ship repair, about how critical it is to make sure our naval fleet is ready to counter any threats from China.

Great Plains Food Bank

I appreciated meeting with leadership from the Great Plains Food Bank to discuss their operations in North Dakota and the vital work they do to feed the hungry. It is touching to hear how they are positively impacting lives in our communities.

General Dynamics Electric Boat

I enjoyed meeting with Kevin Graney, President of General Dynamics Electric Boat, about the opportunities and challenges faced by our submarine industrial base and his company's commitment to helping execute critical priorities such as the AUKUS agreement.

University of North Dakota

Thank you to Dr. Mark Askelson, Scott Snyder, and Carlisle Clarke from the University of North Dakota for stopping by my D.C. office. We talked about all the incredible ways the university is supporting its aerospace team and defense innovation at large.

Dakota Credit Union Association

I had a great meeting with Jeff Olson, the President and CEO of Dakota Credit Union Association. The members of this organization are in good hands with him at the helm.

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.

DOT Awards More Than $300,000 to North Dakota State College of Science

The U.S. Department of Transportation announced a FY24 Aviation Workforce Development (AWD) Maintenance grant of $307,608 to the North Dakota State College of Science (NDSCS). This award will go towards NDSCS’ North Dakota Fly High Career Pathway Program, which offers students education and networking opportunities with the corporate culture of a specific airline before seeking employment with the airline.