Floor Statements

Mr. President, welcome to the Senate. You look good up there.

Mr. President, the Federal Centers for Medicare and Medicaid Services is seemingly doing everything they can to prevent our veterans and seniors from receiving quality long-term care. That is their mission, but they seem to be doing everything they can to prevent it.

Instead of working to ensure quality care for our veterans and seniors, the Agency seems hyperfocused on what appears to be a warpath--a warpath to push long-term care facilities to their limit. Rather than listening to the substantial feedback from facilities and managers, healthcare leaders, and Members of Congress, the Agency insists on implementing these overbearing, unrealistic rules and procedures to flex its bureaucratic muscle, as if to just show us how big their muscles are.

The actions of CMS are far beyond misguided, and the result is the intentional--it seems to me--disregard for the actual safety and care of the seniors and veterans they are charged to care for.

In North Dakota, our facilities are really feeling the squeeze, and the issue is really twofold. First and most importantly for my State, the minimum staffing rule--the minimum staffing rule. In an attempt to ensure adequate staffing levels, CMS went over the top. In May, CMS issued this minimum staffing rule which requires long-term care facilities to implement new staffing requirements. Now, these are institutions that are already woefully understaffed because of a lack of a workforce.

Most burdensome is the new requirement to have a registered nurse--a registered nurse--on-site 24 hours a day, 7 days a week, rather than the previous 8 hours a day, 7 days a week. Less than a quarter of North Dakota's facilities meet this requirement, and among rural facilities only 14 percent will meet that mandate.

And we should make no mistake, this is an unfunded, one-size-fits-all mandate coming from the bureaucratic bullies at CMS. In fact, by CMS's own lowball estimates, this regulation--it is almost hard for me to say this number. By their low-ball estimates, this regulation will cost facilities over $40 billion to comply. Why would you want to impose $40 billion more of unproductive costs on our facilities that are there to care for our seniors and our veterans?

To meet these elevated staffing levels, our facilities really have no good options, if they have any options at all. At existing staff levels, North Dakota facilities would need to reduce the average number of residents served per day by about 74 people to satisfy this mandate. Let me say that again: To meet this mandate, North Dakota facilities would have to reduce--reduce--the people they care for by 74.

They are being required to hire more staff from a supply of registered nurses that simply does not exist. I don't know why they would be surprised by this. We have a nursing shortage. Hello, CMS. Wake up. Listen to one or two people, and you will know we have a nursing shortage in this country, and it is particularly challenging in rural America.

Now, if they don't get that, if they don't find the nurses, of course, they do have the option of reducing the number of seniors they serve, as I mentioned earlier, or just closing their doors entirely. That doesn't seem to meet the stated goal of CMS.

It is also clear that this rule will disproportionally harm our small, rural States like North Dakota, as I said, and certainly our rural facilities. These are the same facilities already struggling to stay open. In my State, we have had six facilities close since 2021, indicating the already challenging operating environment, and I fear this misguided rule will supercharge this trend and deprive rural individuals--remember, these are people, CMS; rural individuals, people--the opportunity to receive care in their home communities, near the people they love and know the best: their families and their friends, their loved ones.

Mr. President, this math just doesn't add up. How does CMS not understand that this mandate is impossible to meet? Or maybe they do. I fear that

they maybe actually do understand that. CMS's intransigence seems to imply that it doesn't care.

Every State will feel the negative impact of this rule, but rural States like mine will be hurt the most.

I have sent letters advising CMS to hold off on this one-size-fits- all rule as far back as January of last year, and I have questioned CMS officials at hearings about the mandate's impact on already stressed staffing challenges.

And opposition to this rule has been bipartisan. It has been across the aisle and across the Capitol. In one example, Senator King and I sent a second letter last October before introducing a bill together in March to require the Veterans' Affairs to study the CMS rule's impact on our war heroes, our veterans. Again, in June, we made the same request in a letter.

I also cosponsored a bipartisan Congressional Review Act resolution of disapproval in June to overturn the rule CMS is so unwilling to modify.

In addition, litigation is ongoing in two Federal districts, both of which argue the Agency exceeded its statutory authority and the rule should be set aside. It is not uncommon for Agencies lately to overstep their legal boundaries.

Our concerns have simply, to this point, fallen on deaf ears at CMS.

The minimum staffing rule is part of a broader pattern of CMS's bureaucratic crackdowns on facilities for no reason other than it can.

And that is what bothers me so much about bureaucratic bullies is they are bullies because they can be, without materially improving the health and safety of long-care residents. Again, that is their goal-- supposedly, that is their goal.

This brings me to the second part of the issue impacting our long- term care facilities. They are called civil monetary penalties or, in bureaucratic speak, CMPs. They are punitive monetary actions that CMS can take against long-term care facilities in situations where CMS determines they do not substantially comply with Medicare or Medicaid participation requirements, the requirements that the bullies create out of thin air. These penalties are heavily used to punish facilities beyond a simple correction. The goal should be to help them comply, not to punish them.

During a survey visit of a facility--just for instance--an inspector can issue citations for a range of violations. The inspector has the ability to issue citations based on perceived severity, ranging from no actual harm up to immediate jeopardy, which indicates an issue or situation that puts a resident's health or safety at imminent risk-- again, as determined by CMS.

The problem only begins with the initial citation, however. CMS can still issue additional citations following the survey or the visit, sometimes many months later. I will try to explain this as simply as I can so you get the sense of just how awful this is. The Agency continues to expand its ability to issue these citations and related penalties to exert even more control over the facilities. And there is where the real issue is: control over you.

The irony here is that for every dollar spent on a penalty is one less dollar invested in staff, the facility itself, equipment, anything that might enhance the care for the senior or the veteran.

Our seniors and veterans certainly deserve to live in safe, regulated facilities. But this is not about letting facilities off the hook when infractions occur; rather, this is about the avalanche of penalties facilities face after a single infraction and the consequences of excess fines.

But it gets worse. CMS has updated its ability--remember, every time I reference what CMS is doing with regulations or updating, that is them arbitrarily, individually, unilaterally making up lies. For your benefit? I don't think so. So they updated their ability to impose these penalties for up to three survey cycles. What does that mean? Most of these survey cycles--these are the visits, again, by a regulator. Most of them include inspections on average of every 12 months. To simplify the math, what this means is paper-pushing bullies in Washington could issue another penalty from the comfort of their desks on top of the original penalty imposed at the time of the survey. They don't even have to leave their desk. In fact, I suspect many of them never have, except the ones that now work from home--that work from home. This could be months or years later and without ever having to set foot in a facility or in a State other than the District of Columbia and the surrounding counties.

So what is the purpose of these additional delayed penalties? Who thinks this would be a good idea? Well, it is certainly not about taking immediate action to enhance the care or to help them comply and help the safety of residents or addressing noncompliance during the visit itself. No.

To make matters worse, for certain citations--now, get this. When I read this, I had to check on it and check on it to make sure this is true. For certain citations, facilities are financially incentivized not to challenge the findings. Let me say that again because it is almost too hard to believe.

For certain citations, facilities are financially incentivized not to challenge the findings. Isn't that rich? In fact, CMS offers a 35- percent extortion discount to facilities if they waive their right to a hearing and just simply accept the penalties from the bureaucratic bully that was imposed. This, of course, only further empowers the bully and allows the initial citations to stand undisputed. It is unconscionable. I can't even believe it is legal; and maybe it is not.

I hesitate to even share this, but I feel I have to. I have had facility managers in my home State plead with me not to use their specific example for fear of retaliation from the bureaucracy, the very people who are supposed to be helping provide safe, reliable care for our veterans and our seniors.

The recently finalized skilled nursing facility rule introduced yet another way to punish facilities with the addition of--get this--per instance per day civil monetary penalties. Only a bureaucrat could love a title like that. This is what's called an instance multiplier of fines--an instance multiplier of fines--based on the number of residents impacted or the number of times the conduct is repeated. It is another flawed approach as citations already account for this. When the initial citation is issued, it accounts for scope. It accounts for how insulated the incident is or pattern, how widespread the pattern may be. All of that is calculated into the initial citation.

But if that is not good enough, they can always go back and say: You know what? Let's multiply instances and see if we can't punish them a little bit more so maybe they could close down.

If these rules and penalties were really about better care for residents, CMS should yield to reason. However, the actions of the bureaucrats at CMS prove they are out of touch--simply out of touch-- with operational challenges actually facing these facilities and the people that the facilities serve. If they, in fact, want to achieve the stated goal of improving quality, well, these decisions do just the opposite. In fact, what they do is they reduce choice and access and, ultimately, they lead to facilities closing.

I don't think that is the goal. It is not the stated goal. Maybe it is somebody's goal, but it is not the stated goal. I hope those with the ability to do something about it enter reality one of these days and listen to our warnings. They are real. These are real people living in real places.

And, yes, they might be in red States--I am sorry, some of them are. A lot of these rural places are. But that is not your job to worry about the politics.

I have little faith that they are going to do the right thing and reverse course, but I pray they will.

I yield the floor.

Madam President, it is an honor to recognize the nearly half century of distinguished service of a remarkable North Dakotan who retired this year.

Dale Dannewitz began his locomotive railroad engineering career on July 24, 1978, with what is now Burlington Northern Santa Fe (BNSF) Railroad. This came after earning a degree in diesel mechanics at what is now Williston State College, working at Cummins, Inc., and completing an apprenticeship with Burlington Northern. In these 50 years, Dale performed his duties with great skill and dedication.

He began working on trains in the Minot area, then ran routes between Minot and Glasgow, MT. He was a distributive power mentor in Minot for a year before spending 4 years as a foreman of engines in Mandan. He completed the rest of his career as an engineer in Minot.

For a few years, he was a team member for the Trauma Response Action Involvement Network, a group of engineers and their spouses who provided counsel and support to people impacted by a train crossing accident or event. He was also a volunteer for Operation Lifesaver, Inc., a rail safety education nonprofit which helps students and young drivers understand the safety precautions around railroad tracks and highway-rail grade crossings.

Over these years, Dale has had a front row seat watching technology and design advancements in railroad transportation. As he was quoted in Railway Age magazine in an article at the time of his retirement, he said, ``I've enjoyed everything and learned to take the safe route, always--it's what it's all about. It was a good ride.''

It is people like Dale Dannewitz who have ensured the safe movement of products and commodities across the continent by rail. On behalf of all North Dakotans, I thank him for his service and congratulate him on his well-earned retirement. May you enjoy many years of health and happiness in the future.

Mr. President, it is my honor to recognize one of North Dakota's legacy businesses celebrating 80

years of excellence next month in Fargo.

TrueNorth Steel began as Fargo Tank Company by a Norwegian immigrant named Ole Rommesmo. Upon coming to America, he worked as a lumberjack in Minnesota before learning the trade of welding at a steel tank plant in Minneapolis. He moved to Fargo as a welder for the Fargo Foundry Company and tried unsuccessfully four times to start his own business before finally succeeding. During World War II, he worked in northern Canada for the United States military as a welder and construction foreman for an airbase.

It was after the war in 1945 when Fargo Tank Company began, and the business has been going strong ever since. Reflecting Ole's values and principles of integrity, humility, commitment and knowledge, it has added products and services that now reach around the world. He died in 1990, and his son, Ole Rommesmo, Jr., took over the business.

In 2011, the company's seven steel businesses merged to become TrueNorth Steel. Today, it serves many industries, including agricultural, construction, mining, road building, energy, and others on projects at power plants, refineries, golf courses, hospitals, fire stations, airports, stadiums, schools and universities, government, apartment and commercial buildings, wind farms, coal mines, river watersheds, water treatment plants, aquariums--and more.

I congratulate the Rommesmo family for 80 years of providing steel solutions. TrueNorth Steel is testament to the importance of family- owned businesses across the Nation, and the impact bold entrepreneurs have had on our American economy. To my friends at TrueNorth Steel, you have enhanced the quality of life we treasure in our region and have set a very high bar for being a dedicated community partner at your locations across North Dakota, South Dakota, Minnesota, and Montana. Thank you for all you have done to build the foundations of industry and infrastructure across our Nation. I hope you will thrive for many years to come. Happy Birthday, TrueNorth Steel.

Madam President, thank you to my friend and colleague Mr. Merkley for yielding a few seconds early in the evening.

It is my honor to recognize a remarkable milestone in the Fargo, ND, and Moorhead, MN, area. For 60 years, Rick Electric, Inc., has been a shining example of hard work, dedication, and innovation in the Fargo- Moorhead area.

Founded by David and Beverly Rick in 1964, this family-owned business has been a fixture in Fargo-Moorhead, providing topnotch electrical services and unwavering commitment to excellence. Their sons Gregory and Dennis took the helm in 1998, continuing the legacy of their parents with a passion for their craft and a deep-seated commitment to serving their communities and the region.

Rick Electric's involvement in the National Electric Contractors Association speaks volumes about the family's dedication to upholding the highest standards of safety and professionalism. Their contributions go beyond providing quality service, as they have been integral to the growth and prosperity of the Fargo-Moorhead area and the surrounding region.

As they celebrate this anniversary, I speak on behalf of all North Dakotans in recognizing Rick Electric for 60 years of outstanding service, leadership, and community involvement. The impact they have had on our region cannot be overstated, and I am honored to congratulate them on this remarkable achievement.

Here is to Rick Electric and to many more years of success and prosperity. Thank you for all you have done over these past 60 years. Congratulations and happy birthday.

I yield the floor.

Mr. President, I rise to honor the 26 years of distinguished service of a remarkable North Dakota public servant who retired June 30.

Lynn Helms, longtime director of the North Dakota Department of Mineral Resources, has been an invaluable and supportive resource to me in the U.S. Senate, as he was when I served in the House of Representatives and the North Dakota Public Service Commission. Through all these years, he made himself available whenever I asked, testifying at hearings, meeting with other lawmakers and regulators, and always providing wise and valued counsel to me and my staff.

He is a treasure, not just to North Dakota, but to the entire energy industry. He is a spectacular regulator who understands the role of regulation, the role of rich mineral resources in North Dakota, and the contribution of these resources to American security and America's economy.

In the Senate, I worked with him on several efforts and initiatives. A notable collaboration included the REGROW Act, a bipartisan bill to remediate the Nation's orphaned wells, which was built off the State program Lynn implemented. His leadership helped secure its inclusion in the Infrastructure Investment and Jobs Act, which was signed into law on November 2021.

A graduate of the South Dakota School of Mines and Technology, Lynn spent his early years as a petroleum engineer with Texaco and the Hess Corporation. Since 1998, as the director of the North Dakota Oil and Gas Division and now the Department of Mineral Resources, he has had a front row seat to oil and gas development in our State. Through the ups and downs and challenges and triumphs, he helped steer North Dakota's petroleum industry through decades of responsible growth.

He is the consummate professional, explaining to all of us the intricate challenges of regulating the drilling and production of North Dakota's oil and gas resources. His genial demeanor and steady voice during his 26 years with the State helped us all navigate through this epic time in our State's history.

Today, North Dakota's economy is thriving due to the sensible energy development policies and reasonable regulations the State has championed. As a leading oil producing State, North Dakota's petroleum industry enhances the quality of life for our residents now and well into the future.

During Lynn's tenure, the State's average daily oil production increased from 99,217 barrels per day in 1998 to an alltime high of 1,519,037 in 2019 before stabilizing. Under his supervision, natural gas capture also reached an alltime high of more than 3.5 billion cubic feet per day.

It will take decades for the impact of Lynn Helms' contributions to our State to be adequately measured. On a personal note, I will miss working with him as a valued colleague. On behalf of all North Dakotans, I thank him for his years of service to the State of North Dakota. I congratulate him on his well-earned retirement and wish him many years of health and happiness in the future.

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. President, in my 12 years in Congress, like you, I have been blessed to participate in lots of events--large ones, small ones, medium-sized ones--in my State, throughout our Nation, even around the world.

It is difficult to rank them. Some of them are more memorable than others. They are all special. They are all important. Some of them are great celebrations. Others are more somber. Some are even sad, occasionally. But when these events are done, we go to the next thing on our very busy schedule that is prepared for us by someone we hire who is looking out for us. We trust that person with the irrevocable asset of our time, often with little opportunity to process or think much about what we have just done and what we have just participated in.

As you know, it is Police Week in our Nation, and, of course, the evidence of that is all around us here in Washington, DC.

I began my Police Week on Sunday, surrounded by heroes with badges at the 31st Annual TOP COPS Banquet. TOP COPS is a program hosted by the National Association of Police Organizations, which recognizes 10 heroic acts by local, county, State, and Federal law enforcement Agencies and officers during the previous year.

The reason I attended this year's TOP COPS banquet was to join Fargo Police Officer Zachary Robinson and his wife Ashley--who are in the Chamber with us today in the Members' Gallery--as Zach received one of the 10 TOP COPS recognitions. Also attending were his parents, colleagues, and friends--including Governor Doug Burgum; our attorney general, Drew Wrigley; the chief of police from Fargo; and many, many others.

Zach is a 7-year veteran of the Fargo Police Department, where he serves as a member of the honor guard, the crowd management team, and the Red River Valley Regional Bomb Squad. Officer Robinson, like so many of our law

enforcement officers, also serves in the North Dakota National Guard.

Mr. President, he epitomizes what it is to be a hero.

On July 14, 2023, nearly a year ago, Officer Robinson was one of four officers to respond to a routine fender bender. As the officers were wrapping up their handling of the accident, Officer Robinson moved his police vehicle out of the street. A shooter, who was not involved in the initial accident, ambushed the officers, firing on them and a bystander.

The shooter hit Zach's three fellow officers, killing Officer Jake Wallin and gravely injuring Officers Andrew Dotas and Tyler Hawes, both of whom attended the TOP COPS banquet with their spouses.

Zach radioed to ``send everybody,'' as he engaged in a shootout with the assailant. Officer Robinson was literally the last man standing, but he did not hesitate as he moved toward--not away from, but toward-- the gunfire, putting himself between the shooter and the innocent-- finally, fatally wounding the assailant.

This senseless, premeditated attack targeted police officers who were simply doing what they do: their jobs protecting and taking care of citizens in need.

Evidence collected in the investigation revealed the shooter's fixation on mass shooting events and his likely intent to perpetrate an attack at a large event, like the Downtown Fargo Street Fair that was going on just a few blocks away or, in the next community over, the Red River Valley Fair. In his car alone, the shooter had more than 1,800 rounds of ammunition, multiple firearms, and several homemade explosive devices. This was a man intent on inflicting carnage on the community-- a community that had never seen anything like this before.

Despite this quote--``it was a bad, bad day''--when Officer Robinson was asked if he had considered leaving law enforcement, he did not hesitate. He said he ``wanted to come back right away. There was no question I wasn't going to not come back to work.''

We will likely never know how many lives he saved that day--that his heroism protected that day--but his actions will never be forgotten by the Fargo community or the State of North Dakota. In addition to the TOP COP award, Officer Robinson earned the Medal of Honor from the Fraternal Order of Police, was named the Fargo Police Department's 2023 Officer of the Year and the 2023 National Rifle Association Law Enforcement Officer of the Year.

Several months after the shooting, he was asked what he thought of being called a hero and said he was ``grateful to be in the right place at the right time to do what needed to be done. I was just able to react and eliminate the shooter before he had the chance to hurt anybody else.''

It has been said that heroes are ordinary people who do extraordinary things, and while Zach's extraordinary act of heroism is what was celebrated Sunday night in Washington, DC, it is his humility that stands out the most to me. This is a characteristic, by the way, that is shared by his fellow officers who were involved in the horrific events of that day in Fargo. Officers Hawes and Dotas project this quiet strength and a noble concern for others, never shining the spotlight on themselves. And while it is not surprising, it is always encouraging.

Officer Robinson's story--his refusal to yield, his swift action in the face of grave danger--captured the essence of why we must back the blue, always supporting our officers not just in words but in actions and deeds, ensuring that they have all they need to carry out their duties safely and effectively.

During National Police Week, we honor Zach and his brothers and sisters in blue across the country who go to work every day to protect our communities, despite the dangers around the corner or across the street. This week is also a chance to remember the men and women who paid the ultimate sacrifice on our behalf.

At a time when police officers are all too often scoffed or defunded by the very people relying on them for public safety, we need to constantly remember the real-world impacts of their service. Every officer who is lost is a mother, father, sister, brother, a son, or a daughter taken too soon from a family who loves them and will miss them.

Mr. President, our officers and their families deserve to know we will always have their backs. The TOP COPS awards banquet at the Omni Shoreham Hotel on Sunday was not just one of the many special events we all attend in these jobs. For me, it was the honor of a lifetime to be there to pay tribute to the most extraordinary of the ordinary.

Congratulations to Officer Robinson for the TOP COPS award, to Chief Dave Zibolski and the entire Fargo Police Department, and thank you to all law enforcement officers for their everyday heroism. We love you, and we pray for you always.

Mr. President, I yield the floor.

Madam President, thank you for the recognition.

At the outset, let me say thank you to Senators Manchin and Capito for their passionate support and their words today in support of this joint resolution, this Congressional Review Act resolution. I also want to thank the chairman of the EPW, the distinguished Senator from Delaware and my friend. As he just said, we have worked closely together on lots of things. It is a great committee. It is fun to work on. And, again, we just don't see eye to eye on this one, but I just want to offer my respect for the good work that we all do together. I thank the Senator.

Madam President, few things are more frustrating in government than unelected bureaucrats asserting authority they don't have and foisting Federal mediocrity on the excellence of States. Shortly, the Senate will take up my bipartisan resolution that overturns the Biden administration's obviously illegal--regardless of how you might feel about the merits, an obviously illegal rule that requires State departments of transportation to measure CO2 tailpipe emissions and then set declining targets for vehicles traveling on the highway systems of their respective States.

This rule is wrong on so many levels and has already been overturned by courts in Texas and Kentucky. Now we, the elected policymakers in our system, have the opportunity to correct course and spare the taxpayers the gross expense of litigating this demonstration of bureaucratic arrogance.

When the Environment and Public Works Committee negotiated the highway bill, we considered giving this authority to the Department of Transportation. But after the hearings and the deliberations, the committee chose not to grant such authority to the Agency, and we passed the bill out unanimously. And it became the foundation for the broader bipartisan bill known as the Infrastructure Investment and Jobs Act.

When the ``bipartisan gang'' put their proposal together, they, too, chose to leave this authority out of the bill. These decisions were not accidental; they were intentional.

When we pointed this out during the Department of Transportation's official comment period, the Federal Highway Administration provided a very novel rationale. Get this, now. They argued that since Congress was aware of their plans to promulgate this rule and did not explicitly bar it, ``Congress intended to leave such determinations to''--get this, now--``Agency expertise to be handled via regulatory authority.''

That is not just arrogance; that is arrogance on steroids.

Here is what the late great Winston Churchill had to say about expertise in government:

Nothing would be more fatal than for the government of

States to get into the hands of the experts. Expert knowledge

is limited knowledge: and the unlimited ignorance of the

plain man who knows only what hurts is a safer guide, than

any vigorous direction of a specialised character.

Congress does not ``leave'' determinations to Agencies. Congress either grants such authority or it does not. And if it does not, the Agency does not possess that power.

In fact, let me read a couple of lines from the courts who have already ruled on this issue.

If the people, through Congress, believe that the states

should spend the time and money necessary to measure and

report [greenhouse gas] 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 [Department of

Transportation] was not authorized to enact the 2023 Rule.

That was Judge James Wesley Hendrix of the U.S. District Court for the Northern District of Texas.

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

If the Administrator--

referring to the Federal highway administrator.

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.

Colleagues, the absence of a prohibition is not a license for bureaucracy to do whatever it pleases. These court rulings underscore Agencies must abide by the law, not invent the authority they desire.

Several States have resoundingly rejected this illegal rule. Several State departments of transportation objected to it in writing. Several States joined this litigation, and 50 Senators have cosponsored this Congressional Review Act.

Let me just quote a couple of States. The Arizona Department of Transportation:

Arizona Department of Transportation disagrees with the

justification provided in the NPRM regarding the legal

authority for Federal Highway Administration to establish a

greenhouse gas emissions performance measure.

The Michigan Department of Transportation writes:

MDOT is apprehensive about supporting new measures not

explicitly authorized by Congress . . . Therefore, there is

no provision in federal law requiring the Federal Highway

Administration to establish a greenhouse gas measure.

Twenty attorneys general from Montana, Virginia, Georgia, Ohio, and a number of other States wrote:

The proposed greenhouse gas measure would be a serious

revision of what Congress has written, and Congress has not

given the Federal Highway Administration such editorial

power.

Madam President, the Biden administration should have never introduced this rule, but now we, the policymaking branch of government, must end it. I urge all of my colleagues to stand up for the Senate and vote for this restoration of article I powers. Vote yes on this Congressional Review Act resolution.

I yield the floor.

Madam President, I want to honor a very special North Dakota resident who turned 100 years old on January 11. Nils Martin Buringrud celebrated this landmark birthday in Fargo at a party with a small group of friends and later a dinner with his family.

Nils was born January 11, 1924, to Nils and Marthe Buringrud in Thief River Falls, MN. His father was a farmer, and the family moved near the Red River Valley community of Kelso, ND, in 1930. They moved 3 years later to a place a few miles away southwest of the community of Hillsboro. In 1943, they moved to a new home southeast of Hillsboro, where Nils lived until he graduated from high school in 1942.

That fall he moved to Spokane, WA, and then to McClellan Air Force Base near Sacramento, CA, where he worked in shipping airplane engines overseas to military bases in the Pacific. Nils returned home and helped farm for awhile before enlisting in the Marines in 1944 at the age of 22. During World War II, he served aboard an aircraft carrier that sailed through the Panama Canal and on to all the islands in the Pacific, along with Japan, China, India, and near the coast of Africa. He was an expert rifleman when the war ended.

After being discharged from the Marines, he farmed with his brother- in-law and sister and later delivered fuel to area farms. He married Elaine Ponto in 1947, and the newlyweds lived in a home on the Argusville farm of his brother-in-law and sister until 1949, when they bought a farmstead 3-and-a-half miles east of Gardner. There, they continued to farm and raised six children. Nils was active in the American Legion, and he and Elaine attended regular reunions with friends from his Marine unit. They lived there until 1993 when they sold their farm and moved to Fargo.

Elaine died in 2006 and Nils continues to reside in Fargo in the home they purchased in 1998. His daughter Marcia now lives with him, and his life is filled with the activities of his four children who are still living and 11 grandchildren. He continues to drive and walks about an hour daily, weather permitting. While not the oldest living veteran in North Dakota, his family believes he may the oldest to still have a valid drivers license.

North Dakota is home to more than 200 centenarians, and we consider them among our most treasured residents. Nils Buringrud embodies the very best of the Greatest Generation, growing up on a farm, moving out of State for awhile, enlisting to serve in World War II, and then returning home to raise a family and contribute to his community and State. He has remained a proud and active veteran, and his pioneer spirit, dignity, and hard work have brought him through many challenges and personal achievements. He is an inspiration to all of us.

On behalf of all North Dakotans, I thank Nils for his service to our country and wish him a happy 100th birthday. I hope you enjoy continued good health and vitality for years to come.

Mr. President, I have the privilege of once again congratulating my alma mater on its' second high school State football championship in 3 years.

On November 10, the Kindred Vikings won the Division A State title at the Dakota Bowl State Football Tournament. They finished a truly impressive undefeated season by taking the championship over Dickinson Trinity by a score of 36-7. They had earlier won their first three postseason games, defeating teams from Harvey/Fessenden-

Bowman, Oakes, and Langdon/Edmore/Munich.

This was the third appearance and second State championship for the Vikings since State playoffs sponsored by the North Dakota High School Activities Association began in 1975. They made one Dakota Bowl appearance in 2016 and, in 2021, took the championship by defeating the Edmore-Munich Cardinals.

At Kindred High School, I lettered for 4 years in football, basketball, and track before graduating in 1979. Our teams were not as good as the Vikings are today, something I observed firsthand as the starting quarterback my junior and senior years. Remembering those years increases my admiration all the more for the superb quality of this team and its undefeated season.

Quarterback Jake Starcevic scored three touchdowns and rushed for 117 yards in the Vikings's decisive victory in the championship game. He and two other Vikings players, Riley Sunram and Brooks Bakko, were named to the All-State Class A Football Teams.

Congratulations to this year's team members: Camron Schwartzwalter, Gabe Whipple, Hayden Cichy, Izaak Spelhaug, Hunter Bindas, Jack McDonald, Miles Stroh, Brock Johnson, Landon Kottsick, Jakob Starcevic, Ethan Duval, Brooks Bakko, Carson Gette, Gabriel Iverson, Wyatt Briscoe, Myles Thielges, Graham Hesse, Owen Hoyme, Kylan Swenson, Sawyer Hesse, Grant Allison, Brayden Olson, Tyson Johnson, Fisher Johnson, Taylor Brandsted-Fletcher, Brady Baumgarten, Christopher Freier, Samuel Jenness, Jacob Lund, Kyle Campbell, Tanon Johnson, Tate Miller, Gavin Niemeyer, Teige Erdmann, Brody Mauch, Cole Richard, Kelby Erdmann, Ethan Fornshell, Andrew Haley, Dilon Filler, Lukas Starcevic, Trevor Olson, Riley Sunram, Grant Spelhaug, Javen Johnson, and Lincoln Swenson.

I also want to also recognize Eric Burgad in his first year as head coach, along with his assistants Brad Ambrosius, Joe Harder, Nate Safe, and Ryan Sunram, as well as all the hometown fans for their part in winning this championship.

As a proud alumnus of Kindred High School, I join the rest of North Dakota in congratulating the Vikings on a perfect season and another State championship and for inspiring all of us to strive for excellence, regardless of the circumstance. Once again, they have shown the rest of us what can be achieved when faith and passion combine with determination and teamwork.

Madam President, I want to honor a very special North Dakota resident who is turning 100 years old on December 15. Harold Hepper was a longtime resident of McClusky and most recently has lived in Bismarck, where he will celebrate this landmark birthday.

Harold embodies the very best of the Greatest Generation. A year after graduating from McClusky High School in 1942, he and five buddies were drafted into the Army and traveled to Fort Snelling, MN. Initially rejected because of his poor eyesight, Harold returned home and begged the Selective Service Board for another chance to serve. After obtaining plastic glasses, he was able to train at Camp Barkeley, TX, to be an Army medical aidman.

He shipped out from New Jersey for England and was on the frontlines in France the summer of 1944, where he was wounded in the shoulder during the Battle of Brest. Following his participation in the Battle of Hurtgen Forest, that December found him in the Battle of the Bulge. There, thousands of Americans died in what was the largest and bloodiest U.S. battle of World War II. The first day of the battle on December 16 brought heavy casualties on both sides. Harold and other medics worked on the front lines for 10 days, providing nonstop medical aid before they were relieved.

Harold was awarded the Purple Heart, Bronze Star, and other campaign medals. Honorably discharged in November 1945, he has remained active in veterans organizations the rest of his life. This includes 76 years as a member of the McClusky American Legion. Returning home, Harold worked as an insurance agent at the First National Bank of McClusky for 44 years before retiring in 1987. He joined the McClusky Fire Department in 1954 and served there for 33 years, including one year as fire chief. Harold and his wife, Laura, who died in 2015, raised two daughters, Debra and Gail. They will join five grandchildren, three great-grandchildren and other family, friends, and veterans groups in honoring Harold on his 100th birthday.

North Dakota is home to more than 200 centenarians, and we consider them among our most treasured residents. Their pioneer spirit, dignity, and hard work have brought them through many challenges and personal achievements. On behalf of all North Dakotans, I thank Harold Hepper for his service to our country and wish him a happy 100th birthday. I hope you enjoy continued good health and vitality.

Mr. President, I rise today to honor a great American and an exceptional member of the U.S. Air Force, Maj. Andrea May.

As an Air Force Senate legislative liaison officer, from June 2021 to May 2023, Andrea performed her duties with exceptional professionalism during the 117th and 118th U.S. Congresses. Andrea distinguished herself through her professional character and dedication by serving this Nation in uniform, leading the division's collaboration with the Senate Space Force Caucus, coordinating six events critical to educating Members and their staff on the Department of Defense's newest service, and helping to advocate for Space Force priorities. Her efforts helped solidify the establishment of the U.S. Space Force, ensured the confirmation of the 26th Air Force Secretary, and secured the Department of the Air Force's support of the national defense strategy in our return to Great Power Competition.

A motivated leader and thoughtful relationship builder, Andrea expertly conveyed Department of the Air Force positions on the Air Force Future Design that included the future bomber, tanker, and fighter force. Andrea's direct support provided the U.S. Senate critical information necessary for two National Defense Authorization Acts. Additionally, Andrea served as a liaison between the Department of the Air Force and 19 U.S. Senate offices, including mine. When I had concerns, she was the airman with whom I spoke to address them. Andrea helped ensure that the airmen and guardians of North Dakota were well cared for and that their concerns and interests were known to the leadership of the Department of the Air Force.

In her role as a liaison for the Air Force, she also coordinated responses to more than 200 requests for information and led delegations for 70 Senators, Representatives, and congressional staff on visits to showcase Department equities across the United States and abroad, to include the bicameral Reagan National Defense Forum. Andrea's significant efforts led to successful engagements between this governing body and senior Department of Defense officials, including the Secretary of the Air Force. All of these engagements helped U.S. Senators understand defense equities and their impact on national security. Due to her direct involvement and stewardship, Members of Congress were able to make informed decisions and ensured the Department of the Air Force was properly resourced and funded.

Lastly, Major May was also responsible for helping prepare the Secretary of the Air Force, the Chief of Staff of the Air Force, the Chief of Space Operations, and other senior leaders for more than 80 engagements with Senators and their staff and three Senate Armed Services Committee hearings. After serving in this crucial role and becoming a fixture on Capitol Hill, Andrea recently moved on to serve as a pilot in the 89th Airlift Wing at Joint Base Andrews.

I am thankful for Andrea's service and her work with my office and the Senate over the past 2 years on issues of vital importance to the United States. I salute this American patriot whose selfless work has kept our country safe and strong. I join countless others in thanking her for her service.

Mr. President, I call up my amendment No. 1241 and ask that it be reported by number, as I intend to withdraw the amendment shortly due to majority party mischief.

Mr. President, the Senate has been preaching regular order for some time, and I have been cheering them on. I have been a strong advocate for regular order because we need a process that engages all of the Members of this body. But one has to ask why my bipartisan, germane amendment is deemed a ``poison pill'' and now needs 60 votes to pass. Well, I know the answer. It is simple. Because it was going to pass. That is why. That is why suddenly it is a ``poison pill.'' Senate Democrats would rather provide the Biden administration cover by taking a show vote designed to fail than follow real regular order. The will of the Senate should prevail here, but they are not going to let it.

This appropriation limitation amendment would prevent the U.S. Department of Transportation from finalizing their illegal rule requiring States to measure CO2 tailpipe emissions and then set declining targets for individual States on their roadways.

Congress has not provided any authority for the Department of Transportation to dictate CO2 performance requirements. They can't do what they don't have the authority to do. And even if we had, it is not a workable solution. It may be hard for bureaucrats in Washington, DC, to imagine this, but you cannot tell States like North Dakota and Montana that to reduce tailpipe emissions is easy. Just build a subway. Build a subway or dedicate bus lanes on your gravel roads. That is why a majority of the States in this country have submitted comments expressing their concern and opposing--outright opposing--this rule.

When the Environment and Public Works Committee negotiated the last highway bill, we expressly left this authority out. We made the decision to not give this authority to the Department of Transportation.

I would note that that bill moved out of committee unanimously and then became the cornerstone of the Infrastructure Investment and Jobs Act. Ironically, the Biden administration created the ``poison pill'' that this amendment is meant to address.

I am not interested in show votes, so I am going to withdraw the amendment.

The administration should scrap this rule, but if they finalize it, I will be back. I will be back with a CRA resolution, and then Senate Democrats can't force a 60-vote majority on that one, and I will lead an amicus brief pointing to the major questions doctrine, which the Department of Transportation clearly violates with their rule.

With that, I yield.

Amendment No. 1241 Withdrawn

Mr. President, I ask unanimous consent to withdraw the amendment.

I suggest the absence of a quorum.

Madam President, October is the month the Congressional Coalition on Adoption Institute--CCAI--recognizes individuals across the Nation who make a difference in the lives of young people in need of foster care and forever homes. My wife Kris and I are adoptive parents ourselves and share a commitment to adoption and foster care and applaud the work of the CCAI.

This year, I nominated Roger and Bobbi Loven of Bismarck as among those honored this year as CCAI Angels in Adoption. I consider it a privilege to annually recognize the work of individuals and families in North Dakota who devote years toward loving children in the foster care system. Roger and Bobbi Loven began foster care when he was doing his anesthesiology residency in Omaha, NE, in the early 1980s. They took babies for up to 3 weeks before they were permanently placed with an adoptive family.

When they moved to Bismarck in 1984, they had already cared for 17 babies. In 1991, while raising three sons of their own, they became licensed foster care providers in North Dakota. Because Roger is a medical doctor, they were often contacted about babies coming out of NICU, including those born with drug addictions and recovering from withdrawal. They also took babies with physical injuries, including a 3-month-old with a skull fracture and broken bones in every extremity. Another 2-month-old had been sexually assaulted by the father. They adopted one foster daughter when she was 4 years old, and following high school graduation this year, she is attending college. In the 40 years since taking their first, they estimate they have cared for at least 85 children.

The Lovens enjoy contact with many families whose children they have fostered. And they mentor countless other adults new to foster care. A common concern is about getting so attached to the children it is hard to let them go. ``There are many hard days with foster children, but the rewards are there too,'' says Roger. ``Being able to see them thrive and learn to attach to others is worth it.'' They also are active in a group at their church where caregivers listen to and support each other in whatever challenges they are facing. ``It's so important to remain positive,'' Bobbi says.

Roger retired in 2019 after 35 years as an anesthesiologist at Bismarck's St. Alexius Hospital. Although they talk about pulling back in the number of children they will take in the future, they continue to counsel others providing foster care and are in constant contact with NICU nurses who are well acquainted with this couple and their loving hearts.

I join all North Dakotans and the entire Congressional Coalition on Adoption Institute in congratulating and honoring Roger and Bobbi Loven. We thank you for your years of dedication and the work you continue to do fostering children in your home and inspiring others to also become involved. You are exceptionally deserving of recognition as Angels in Adoption.

Mr. President, tomorrow, thousands of people will gather at Scheels Arena in Fargo, ND, to pay a final tribute to a hero. I wish I could be there to celebrate his life as well. It was a life that was well lived while being far too short. Fargo Police Officer Jake Wallin was laid to rest on Saturday in the small Midwest town of Pequot Lakes,

I yield the floor.