Senator Cramer’s Weekly Update December 4-17

Strong, Bipartisan National Defense Authorization Act Passes Congress, Securing Major Wins for North Dakota

The Senate passed the National Defense Authorization Act (NDAA) for Fiscal Year 2024 (FY24) with a vote of 87 to 13. For 62 years in a row, Congress has prioritized and passed an NDAA, ensuring our troops have the necessary equipment and resources they need to carry out their missions. This year’s bill fully funds nuclear modernization efforts, supports efforts to develop increased intelligence capabilities, grows the Space Force, and authorizes multiple North Dakota military projects.

As a member of the Senate Armed Services Committee (SASC), I was appointed to the NDAA Conference Committee which reconciles the differences between the House and Senate versions of the bill before final passage.

The FY24 NDAA provides for the national defense of the United States by authorizing a total of $886.3 billion in FY24 funding for national defense, a 3% increase over 2023 levels. This NDAA provides a 5.2% pay raise for both military servicemembers and the Department of Defense (DOD) civilian workforce, the largest increase since 2002. Within the topline, this bill authorizes $841.2 billion for the DOD and $32.6 billion for national security programs within the Department of Energy (DOE). The legislation also includes the Military Merit, Fairness, and Equality Act of 2023 (Merit Act), which Senator Roger Wicker (R-MS) and I introduced to help preserve the performance-based warfighting ethos of the military and stop the toxic, so-called ‘equity’ agenda in the DOD at its source.

Further, the FY24 NDAA authorizes requested funding for procurement of naval vessels, combat aircraft, armored vehicles, weapon systems, and munitions; mandates a full accounting of the cost and content of previously opaque and unaccountable DEI programming across the Department and ensures senior defense officials are not required to take time and effort promoting these toxic policies; prohibits funds from being used to require any contractor bidding on a DOD contract to disclose any information relating to greenhouse gas emissions and climate-related financial risk.

MINOT AIR FORCE BASE WINS

GRAND FORKS WINS

FARGO

The FY24 NDAA provides a $5 million increase for North Dakota State University’s work on multi-material protective systems, keeping the university’s Advanced Composites research well-funded while also keeping the DOD aware of its expertise in research which helps our military.

CAVALIER SPACE FORCE STATION (SFS) & PERIMETER ACQUISITION RADAR ATTACK CHARACTERIZATION SYSTEM (PARCS)

PARCS is a phased-array radar system which tracks over half of all earth-orbiting objects. It allows Cavalier SFS to provide critical missile warning and space surveillance data to North American Aerospace Defense Command (NORAD), United States Space Command (USSPACECOM) and regional combatant commanders. It also provides attack characterization data to the Secretary of Defense and the President of the United States for real-time war plan execution decisions.

This year’s NDAA adds $8 million for PARCS modernization. The ability to track objects in space and missiles in the air is more important than ever, and this funding will advance the Cavalier radar from 1970s analog to a more modern, digital processing capability.

ND ARMY NATIONAL GUARD AND AIR NATIONAL GUARD

• Authorizes nearly $2 million to expand Camp Grafton’s Institutional Post-Initial Military Training Unaccompanied Housing
• Authorizes $5.425 million for the cost to complete Dickinson’s National Guard Readiness Center

U.S. Department of Energy Awards Up To $350 Million for Project Tundra

The U.S. Department of Energy (DOE) awarded $350 million for the development of Project Tundra, one of the world’s largest carbon capture projects located near Center, North Dakota. These funds will be distributed through the Infrastructure Investment and Jobs Act’s (IIJA) Carbon Capture Demonstration Projects Program, which supports the development of community-informed integrated carbon capture, transport, and storage projects.

North Dakota is a global leader in the deployment of carbon capture solutions. This announcement is another major win from the Bipartisan Infrastructure Law for our state. Congratulations to Minnkota.

Once Project Tundra is completed, it will be a major feather in the cap for North Dakota’s innovative energy system, keeping miners on the job while putting clean, reliable electricity on the grid.

Project Tundra is designed to capture up to 4 million metric tons of CO2 annually from the Milton R. Young Station, a lignite coal-based power plant. The CO2 would then be safely stored in geologic formations, roughly a mile underground.

While construction of the project is anticipated to begin in 2024, the facility’s commercial operation is set to begin in 2028. Project Tundra is being developed by Minnkota Power Cooperative, TC Energy, Mitsubishi Heavy Industries and Kiewit.

I have vocally supported DOE’s research and development appropriations for carbon capture, usage and storage technologies. In June, I announced Project Tundra entered into the final stage of development and congratulated the effort to scale up carbon capture in North Dakota. In May, the North Dakota delegation wrote a letter of support in Minnkota Power Cooperative’s Project Tundra Community Benefits Plan.

During a Senate Environment and Public Works Committee meeting in 2021, I promoted carbon capture technologies as a unifying area of climate policy. I also participated in a tour of Project Tundra’s test well in 2020, where I emphasized the importance of producing reliable energy in America.

North Dakota’s DAPL Lawsuit Against Feds Ordered to Proceed

U.S. District Judge Daniel M. Traynor issued an order stating the federal government will have to face North Dakota's claims at trial for $38 million in emergency response costs after protestors attempted to block the construction of the Dakota Access Pipeline (DAPL) project in 2016 and 2017. Judge Traynor again ruled the federal government owed a “duty of care” to North Dakota.

North Dakota filed a lawsuit in 2019 against the federal government, seeking damages for emergency response costs and argued the Obama administration failed to control protests after allowing protestors to unlawfully “set up shop” on federal land. Additionally, the lawsuit claims the federal government violated a “nondiscretionary duty by failing to follow its mandatory special use permitting process.”

Judge Traynor’s ruling is further confirmation of what North Dakotans have known all along: the federal government should be held responsible for inviting and harboring DAPL protestors and the millions of dollars of damage they caused.

These reckless, uncontrolled protesters have no respect for the rule of law, and there must be accountability. It is only right the government compensate North Dakota for the destruction it caused to our citizens.

According to the order, the U.S. Army Corps of Engineers indicated it issued a permit and sent a letter informing an official from the Standing Rock Sioux Tribe it had established a free speech zone which allowed protesters to gather. However, the process was abandoned, and a permit was never issued. In his order, Judge Traynor stated while the Court has determined as a matter of law the governing duty owed by the U.S. to North Dakota, “resolution of the question of duty is wrapped up in the foreseeability of harm question, which is inherently factual in nature to be resolved at trial.”

“The factual disputes underlying the legal issues will be properly resolved at trial. Nevertheless, there is one matter that is factually undisputed: the Corps failed to follow its mandatory special use permitting procedures,” the order states.

Senate Votes on Supplemental Funding Bill, Senators Demand Action to Secure Borders

On December 6, the Senate voted on a supplemental funding bill which includes financial aid for Ukraine, Israel, and Taiwan as well as provisions aimed at bolstering border security.

The United States has a vested interest in Israel, Ukraine, and Taiwan defending their borders, but Democrats and the Biden administration disregard the lawless national security risk at our own.

In this year alone, the equivalent of more than three North Dakotas has overrun our southern border. Cartels, terrorists, and adversaries are breaching the gaps, and the American people are feeling the pain. Over 100,000 died from fentanyl overdoses during the last year. This threat demands action. We do not need vague promises and increased funding to help process illegal immigrants faster, but real policy changes and enforcement mechanisms focused on Americans’ security. This should not be so hard.

BBC News Interview Highlights President Zelensky's Visit to Capital Hill, Ukraine Aid & Border Security Negotiations

I joined Caitríona Perry on BBC News to discuss President Zelensky's visit to Capitol Hill and Senate Ukraine aid and border security negotiations. You can watch my full interview below.

Biden’s Federal Highway Administration Tries to Pull Regulation From Thin Air

I penned an op-ed in The Wall Street Journal on the Federal Highway Administration’s illegal, unrealistic rule requiring state Departments of Transportation and Metropolitan Planning Organizations to reduce tailpipe emissions on our highway system.

Before the rule was finalized, I introduced a bipartisan amendment to the Transportation Appropriations Bill defunding it. Senate Democrats knew it would pass but ensured its defeat by requiring a 60-vote threshold to pass. This rule places an illegal and impractical burden on large rural states like North Dakota, and I remain committed to overturning it.

Few things are more frustrating in government than the federal executive branch asserting authority it doesn’t have and foisting mediocrity on the states.

Despite definitive losses in court, the Biden administration refuses to pump the brakes on executive overreach and instead has hit the gas on more illegal, costly regulations.

Case in point: the Federal Highway Administration’s rule requiring state transportation departments to reduce tailpipe emissions on highways.

Why does Congress exist if the bureaucracy can assert legal authority solely because it wasn’t explicitly prohibited? If federal agencies can invent power to dictate their preferred policies to circumvent Congress, we no longer have three coequal branches of government. This problem is larger than the FHWA. Bureaucracies routinely assert authority they don’t possess.

I remain committed to doing everything I can to block this unworkable, illegal rule. The Biden administration better buckle up.

Senators Call on EPA to Reconsider Flawed Methane Reporting Rule Proposal

My colleagues on the Environment and Public Works (EPW) Committee and I wrote a letter to Environmental Protection Agency (EPA) Administrator Michael Regan, calling for the agency to reconsider its August 1, 2023 proposed rule on methane emissions reporting. This proposed rule, more commonly known as “subpart W” of the Greenhouse Gas Reporting Program (GHGRP), excessively increases the tax burden on North Dakota’s energy producers under the new Methane Emissions Reduction Program (MERP) established in the Inflation Reduction Act.

Our letter states EPA’s proposed subpart W revisions “blatantly disregard and overstep even the partisan mandates of the statute as enacted” and will “excessively increase the tax burden on American energy under the new MERP.”

“The proposal would not only radically expand the scope of emissions required to be reported by each facility under the GHGRP, but also unduly expand the number of facilities that are covered by subpart W and thus liable for the methane tax,” we wrote in our letter. “If finalized as proposed, it is likely that the revisions would artificially overestimate U.S. methane emissions.”

This rule makes it more difficult and expensive to produce, transport, and consume American energy, and inevitably passes these costs on to consumers.

“The EPA must significantly revise the proposal to establish a pathway to allow every facility subject to reporting under subpart W the option of using demonstrated empirical methods to calculate their liability for the methane tax as an alternative to previous emission factors, without undue preference for a particular methodology,” we continued in our letter.

Senators Introduce Legislation to Hold China, Iran Accountable

I joined U.S. Senator Marsha Blackburn (R-TN) and our colleagues in introducing the Iran China Accountability Act. This legislation would block any taxpayer dollars from being used to advance an Iran nuclear agreement until they terminate cash ties with China and terminate ties to terrorist groups such as Hamas.

We know the pursuit of the Iranian nuclear deal has done nothing to deter Iran’s nuclear proliferation, it has only emboldened and enriched them. We also know our adversaries love working together and it’s time we recognize it.

In March 2021, Iran and the People’s Republic of China (PRC) signed a 25-year, $400 billion strategic economic agreement to advance Chinese influence in the Middle East. The Iran China Accountability Act would require Iran to destroy all chemical weapons and materials, and the Chinese Communist Party (CCP) to cease the incarceration of Uyghurs.

Senators Call on President to Enforce Sanctions on Iranian Steel Exports, Oil Sales

I joined my colleagues in sending three letters to President Biden, calling for the enforcement of sanctions on Iranian steel exports and oil sales. The letters were sent weeks after Hamas’s unprecedented attack on Israel.

Letter Led by U.S. Senator Katie Boyd Britt (R-AL)

The first letter, led by Senator Britt, implores the President to target Iran’s steel and metal industries by enforcing all direct sanctions on Iran and secondary sanctions on other countries who seek economic engagement with them. In September 2023, the World Steel Association announced Iran is the 10th largest steel producer in the world.

Letter Led by U.S. Senators Jerry Moran (R-KS) & Bill Hagerty (R-TN)

To prevent further atrocities and fulfill the promise of providing unwavering support to the United States’ most important ally in the Middle East, I also joined Senators Moran and Hagerty’s letter to President Biden regarding the lack of enforcement of sanctions on Iranian oil. Specifically, we urged the Biden administration to take immediate action to sever financial avenues available to Iran, specifically cracking down on oil exports.

Letter Led by U.S. Senator Marsha Blackburn (R-TN)

I also joined Senator Blackburn’s letter to President Joe Biden and U.S. Secretary of State Antony Blinken regarding the expiration of a sanctions waiver on Iranian electricity imports, which unlocked $10 billion in frozen assets for Iran to access.

Senators Express Concerns Over Department of Interior Spokesperson's Anti-Police Rhetoric

I joined my colleagues in a letter to Interior Secretary Deb Haaland expressing concerns over the lack of action taken following Tyler Cherry, Department of the Interior's (DOI) spokesperson, posting several anti-police statements online. Cherry’s statements were released amid record-low recruitment and retention for the U.S. Park Police (USPP), a federal law enforcement agency housed within DOI.

Our letter notes the staffing crisis at USPP is a public safety issue which merits Congressional oversight. Between 2014 and 2018, the department’s spokesperson, Tyler Cherry, posted a number of offensive and derogatory statements towards law enforcement officers online. We wrote in our letter how appalled we are by these statements. We expressed our deep concern the statements made by Cherry had a negative impact on the morale of USPP officers and, in turn, contributed to the staffing issues within the department.

"Making hateful and divisive public statements towards law enforcement officers is directly counter to the goal of improving police-community relations, increasing officer morale, and recruiting and retaining a high-quality police force," we wrote in our letter.

Cherry’s conduct is unbecoming of a senior Department of the Interior (DOI) official, and we urged Secretary Haaland and the department to immediately condemn his repugnant statements and to take appropriate remedial action.

Senators Request GAO Review of USDA Emergency Relief Program 2022

I joined my colleagues in a letter to the Government Accountability Office (GAO) requesting a review of the U.S. Department of Agriculture’s (USDA) Emergency Relief Program (ERP) for 2022, which provides $3.74 billion to assist farmers and ranchers impacted by natural disasters in 2022.

On November 17, more than 140 agricultural groups sent a letter to Secretary of Agriculture Tom Vilsack, raising concerns about the implementation of a new “progressive” payment factor in place of a single, uniform factor that the USDA has used in the past. Among the cosigners were several North Dakota agricultural groups including the North Dakota Corn Growers Association, the North Dakota Grain Growers Association, and the North Dakota Soybean Growers Association.

As we wrote in our letter, "Our intent was for the Department to administer the program in a manner consistent with the previous iteration of ERP and its predecessor program, the Wildfire and Hurricane Indemnity Program Plus (WHIP+). Both programs were generally well received and should have served as the template for a 2022 disaster program."

"Unfortunately, several policy changes made by USDA run counter to our intent to provide assistance fairly to all producers based on their loss. These changes include the reimbursement of crop insurance premiums for only certain producers, along with a new “progressive” payment factor," we continued.

Senators Request Transparency on Taxpayer-Funded Voter-Mobilization Plans

I joined my colleagues in a letter to President Biden, requesting a full accounting of federal funding used to-date to implement Executive Order 14019 on “Promoting Access to Voting,” which directs federal agencies to submit plans to the White House describing how it will use taxpayer-funded resources to engage in voter mobilization.

On May 10, 2023, we first submitted an inquiry regarding Executive Order 14019. The initial deadline for providing this information was May 23, 2023, so the response is now many months overdue.

"The Order outlines various activities in which agencies are to engage, including promoting mail-in voting and partnering with third-party organizations to register voters,” we wrote in our letter. “Federal agencies should be focused on their defined missions in a nonpartisan manner, not using taxpayer funds for voter mobilization efforts with potentially partisan impacts. In other words, it's not the job of the federal government to drive voter turnout. Reviewing these agency plans is crucial to determining whether this order has or may lead to the improper use of federal resources.”

“Using appropriated funds for a purpose that Congress did not expressly authorize would constitute a violation of the Antideficiency Act (31 U.S.C. § 1341(a)(1)(A)), which prohibits agencies from expending or obligating funds in a manner not authorized by law. Violating this statute carries administrative and potential criminal penalties, highlighting the need for transparency. Unfortunately, the White House has kept these plans hidden despite numerous requests from Congress,” our letter continued.

Senators Introduce the Bipartisan, Bicameral Never Again Education Reauthorization Act of 2023

U.S. Senator Jacky Rosen (D-NV) and I introduced the bipartisan Never Again Education Reauthorization Act of 2023, reauthorizing the 2019 legislation which dedicated a fund through the United States Holocaust Memorial Museum to provide teachers and parents with accurate, relevant, and accessible resources to improve awareness and understanding of the Holocaust. The reauthorization of this bill would extend the program through 2030.

The alarming rise of antisemitism across our country is a stark reminder we need to do more than just simply say ‘never again,’ and educate our young people. In the wake of the horrific attacks in Israel just a few months ago, educating Americans and the world about the horrors of the Holocaust is more important now than ever before.

The Never Again Education Act, which was first introduced in July of 2019, passed the House on January 29, 2020, and passed the Senate by voice vote on May 13, 2020. The legislation was then signed into law on May 29, 2020 by former President Donald Trump.

This bill is supported by the United States Holocaust Memorial Museum and is endorsed by the Anti-Defamation League, the American Jewish Committee, and the National Education Association. U.S. Representatives Buddy Carter (R-GA-01) and Kathy Manning (D-NC-06) introduced companion legislation in the House.

LPPC Thought Leadership Event Highlights Energy Transition

I was the keynote speaker at an event hosted by the Large Public Power Council (LPPC) Thought Leadership. I discussed the practical implications of an energy transition, particularly on the resilience, affordability, and reliability of the grid.

I've utilized my experience as a former North Dakota utility regulator as Congress debates permitting and transmission reforms. Founded in 1987, the LPPC encompasses 28 of the nation's largest locally owned and controlled, not-for-profit power systems and serves roughly 30.5 million American electricity consumers.

Whether you are an investor-owned utility or a public power provider, you have to report to your consumers. There’s a responsibility to deliver reliable, affordable electricity. I get concerned when people put the generation before transmission or even the demand. If you’re on the monkey bars, you can’t let go of the rung you’re on while reaching for the next.

Too often, policymakers rush to what looks good to the public, but they are extreme utopias not based in reality. An energy transition must be done responsibly, prioritizing reliability and affordability, but there can be wins for both sides of pendulum.

I'm engaged in ongoing debates surrounding legislative and administrative proposals to overhaul transmission policy. In September, I wrote a letter to the Federal Energy Regulatory Commission (FERC) regarding its ongoing rulemakings on transmission planning, cost allocation, and federal backstop siting authority.

In May, I penned an op-ed in The Wall Street Journal discussing the need for Congress to reform permitting in a commonsense way. I also wrote a letter in August to the Environmental Protection Agency (EPA) asking for the withdrawal of the “Clean Power Plan 2.0,” a proposed rule which will force the closure of coal- and gas-fired power plants.

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.

International Democracy Union

I enjoyed speaking to the International Democracy Union alongside former Speaker Newt Gingrich. The moment we’re in demands conservative leadership and strong alliances. Thank you to IDU Chairman and former Canadian Prime Minister Stephen Harper and everyone who traveled from across the globe to make this event so impactful.

Bulgarian Ambassador to the U.S.

I met with Bulgarian Ambassador to the U.S. Georgi Panayotov to discuss a wide range of security issues and the importance of American leadership in the world.

Citigroup

I sat down with Citigroup CEO Jane Fraser ahead of her testimony before the Senate Committee on Banking, Housing, and Urban Affairs. This committee hearing discussed federal regulators’ ill-conceived capital requirements in Basel III Endgame and how it will impact North Dakotans and the entire country.

Motor Coach Industries

I had a productive conversation with Motor Coach Industries about the recent decision to continue operations at its manufacturing plant in Pembina, North Dakota. Reversing the previously planned closure is a significant win for the local community, ensuring several hundred people remain employed.

National Restaurant Association

It was great to catch up with my good friend and fellow North Dakotan, Michelle Korsmo, the CEO of the National Restaurant Association. We had a productive conversation about the issues impacting the hospitality industry and restaurant operators.

Turtle Mountain Tribal Chairman Jamie Azure

Turtle Mountain Tribal Chairman Jamie Azure stopped by my office to speak about the Tribe's economic development efforts, as well as to update me on the projects under construction by the Turtle Mountain Housing Authority. 

Jack Brewer Foundation

I sat down with Jack Brewer to discuss the Jack Brewer Foundation's faith-based efforts in global prison ministry, disaster and medical relief missions, global orphan care programs, and more.

We also discussed my bill, the Veterans Justice Outreach Improvement Act of 2021, which was signed into law on December 29, 2022, to expand support staff and awareness activities for veterans.

DOT Awards $55 Million to NDDOT for Expansion of Theodore Roosevelt Expressway

The U.S. Department of Transportation (DOT) awarded a total of $55 million to the North Dakota Department of Transportation (NDDOT) for the expansion of the Theodore Roosevelt Expressway. This federal investment comes from the U.S. DOT’s Multimodal Project Discretionary Grant (MPDG) Program, funded by the Infrastructure Investment and Jobs Act.

As Ranking Member of the Senate Environment and Public Works Subcommittee on Transportation and Infrastructure, I am especially pleased to see funding from the Infrastructure Investment and Jobs Act come to the Theodore Roosevelt Expressway.

The expressway stretches from Canada to South Dakota and connects us to states as far south as Texas. It is critically important to western North Dakota’s access and participation in interstate commerce. Widening the expressway will increase safety for local residents and travelers and support the efficient transportation of goods through the region.

The Theodore Roosevelt Expressway, which was designated by Congress as a High Priority Corridor, serves as a vital passageway to help connect North Dakota’s energy and agricultural sectors to other parts of the country. This program will expand approximately 13 miles of the Corridor in McKenzie County from the current two-lane highway to four lanes.

In September, I led the North Dakota delegation in a letter of support of NDDOT’s application, saying the expansion would improve the safe and efficient transportation of both people and goods.

NDSU Receives $3 Million, Retains Region 8 University Transportation Center Leadership

The U.S. Department of Transportation (DOT) awarded a total of $3,000,000 to North Dakota State University’s (NDSU) Upper Great Plains Transportation Institute to continue operating the Region 8 University Transportation Center (UTC). This funding was made possible by the Infrastructure Investment and Jobs Act.

The Center focuses on maintaining the extensive public infrastructure system of Region 8, which encompasses 410,387 miles of public road and 30,318 highway bridges. This grant will give the Center the resources to research and advance innovative solutions to enhance our region’s transportation infrastructure. NDSU has served as the lead university for the Region 8 UTC since 1987, when the program was first created.

Congratulations to NDSU and the Center for Transformative Infrastructure Preservation and Sustainability for its selection as the Region 8 University Transportation Center.

I spoke with U.S. Secretary of Transportation Pete Buttigieg in October about the valuable research done at NDSU and the role it plays in our state and region, representing the needs of rural America. I am grateful to see the Department of Transportation recognize its work with this award.

In September, I led the North Dakota congressional delegation in a letter supporting NDSU’s application to the UTC program and worked to secure its approval by the U.S. DOT. NDSU's work is essential to make the most of investments in our state and region’s transportation infrastructure.

FEMA Awards $1.6 Million to Spirit Lake Tribe for Flood Protection, Interior Drainage Scoping

The U.S. Department of Homeland Security's Federal Emergency Management Agency (FEMA) awarded a total of $1,620,000 to the Spirit Lake Tribe in North Dakota. This award will allow the Spirit Lake Tribe to develop the engineering and technical studies needed to support a future mitigation project application to benefit the community of St. Michael.

FRA Awards $500,000 to Big Sky Passenger Rail Authority

The Federal Railroad Administration’s (FRA) Corridor Identification and Development (Corridor ID) Program awarded $500,000 to the Big Sky Passenger Rail Authority (BSPRA). The Infrastructure Investment and Jobs Act (IIJA) established the Corridor ID program to facilitate the development of intercity passenger rail corridors.

BSPRA’s efforts to restore passenger rail service on Amtrak’s North Coast Hiawatha Chicago to Seattle route could result in the restoration of service to several communities in North Dakota left unserved since 1979, including Jamestown, Bismarck, Mandan, and Dickinson.

With the announcement of this grant, BSPRA is eligible to proceed to the first phase of the Corridor ID Program, which involves developing a scope, schedule, and cost estimate for preparing, completing, or documenting its service development plan.

Earlier this year, I wrote a letter to the FRA in support of the project, stating the new route will provide more transportation options for travelers in North Dakota as well as communities across the Midwest and northwest regions.