[Congressional Record Volume 168, Number 176 (Tuesday, November 15, 2022)]
[Senate]
[Pages S6682-S6686]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          LEGISLATIVE SESSION

                                 ______
                                 

RELATING TO A NATIONAL EMERGENCY DECLARED BY THE PRESIDENT ON MARCH 13, 
                                  2020

  The PRESIDING OFFICER. Under the previous order, the Senate will now 
proceed to legislative session to consider S.J. Res. 63, which the 
clerk will report.
  The bill clerk read as follows:

       A bill (S.J. Res. 63) relating to a national emergency 
     declared by the President on March 13, 2020.

  The PRESIDING OFFICER. The Senator from Texas.


                      Unanimous Consent Agreement

  Mr. CORNYN. Madam President, I ask unanimous consent that the 
following Senators be permitted to speak prior to the vote on the 
passage of S.J. Res. 63: I for 20 minutes; Senator Moran of Kansas for 
5 minutes; Senator Paul of Kentucky for 15 minutes; Senator Marshall of 
Kansas for 5 minutes; and Senator Wyden of Oregon for 10 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                         Tribute to Beth Jafari

  Mr. CORNYN. Madam President, I have the unwelcome task of saying 
farewell to my right hand: my chief of staff, Beth Jafari. It is 
literally impossible to separate my Senate career from Beth's influence 
because she has been a leader on Team Cornyn for the last 20 years.
  Back in 2003, I made what I now recognize as one of the best 
employment decisions I have ever made. That is when I hired Beth to be 
my legislative director. This Houston native had spent nearly a decade 
working in the House of Representatives before she came to the Senate, 
but she had had a short period of time wherein she practiced law and 
recognized the satisfaction and reward of public service more than the 
enhanced paycheck of the private practice of law.
  To me, one of the great benefits is she knew Texas; she knew 
Congress; she understood Washington and all of its strange ways. I was 
confident then and am now that she was the perfect person for the job.
  Beth quickly developed an expertise in both the processes and the 
people of the U.S. Senate. She understood the ins and outs of every 
policy area and which Members cared the most about what issues. She 
built strong relationships with staff on both sides of the aisle and 
earned a reputation as a trustworthy and honest broker, and she 
empowered our own legislative team to notch up win after win for Texas.
  When my first chief of staff left in 2007, I knew there was only one 
person for that job, one person I could literally trust with that job. 
Beth didn't seek that job in order to raise her own profile or impress 
the DC power players. That has never been her MO. Instead, she saw an 
opportunity to champion an incredible team and help us accomplish 
important things for Texas. That is one of the first things you come to 
know and appreciate about Beth: She loves Texas. She loves her sports 
teams, especially her beloved Aggies. She loves the music, the hole-in-
the-wall Tex-Mex joints, but most of all, she loves people.


 =========================== NOTE =========================== 

  
  On page S6682, November 15, 2022, in the third column, the 
following appears: She loves her sports teams, especially her 
beloved Texas Aggies.
  
  The online Record has been corrected to read: She loves her 
sports teams, especially her beloved Aggies.


 ========================= END NOTE ========================= 


  Years ago, after a terrible tragedy in West, TX--that is the name of 
the town, ``West, TX,'' not the region--a county commissioner said to 
me: Being a Texan doesn't describe where you are from; it describes who 
your family is.
  That is so true. Beth has dealt with the nearly 30 million Texans as 
if they were members of her extended family, and when they were in 
need, she made sure our team sprang into action.

[[Page S6683]]

  Unfortunately, there have been more--I should say too many--instances 
where that was required. We have had storms, two of the biggest being 
Hurricane Harvey and Hurricane Ike. Both hit Beth's hometown of 
Houston, devastating her parents' home, and the affected parts of our 
State and region couldn't have hoped for a bigger champion in the Halls 
of Congress than Beth Jafari. She was the offensive coordinator for the 
entire Texas delegation in making sure we knew exactly what was needed, 
what the plan should look like, and helping us deliver on that plan. 
She was so personally involved in Hurricane Harvey that she rescued a 
four-legged survivor by the name of Jackson.
  Well, Texas has experienced natural disasters like most parts of the 
country, whether they are tornadoes, wildfires, severe winter weather, 
or some other natural disaster of all stripes, but that just scratches 
the surface of the many challenges that our State has endured during 
the past two decades while Beth has been my chief of staff and 
legislative director.
  We have had mass shootings that have brought heartbreak to cities 
across Texas, including Fort Hood, Dallas, Sutherland Springs, Santa 
Fe, El Paso, Odessa, and most recently in Uvalde. There was the West 
Fertilizer plant explosion I alluded to a moment ago--and, of course, 
the pandemic, and the ongoing border crisis. Beth has been a steady 
hand guiding our efforts through all of it and more.
  No matter how big or how small the problems are, she has worked to 
ensure that Texans are heard and helped. In many cases, that meant 
getting timely responses to Texans who just wanted more information 
about what we were doing or people who wanted to share their ideas 
about ways we might be of service. In others, it involved passing 
legislation or working to mobilize Federal resources. And oftentimes, 
it meant connecting constituents with Federal Agencies to help them 
with everything from benefit programs to emergency passport renewals.
  In my office, we refer to this important part of our job as casework 
or constituent services, and Beth has been the biggest cheerleader for 
my constituent services team from the very beginning. It is not 
legislating, but it is one of the most important things we do to be of 
service to our constituents.
  I am proud of the fact that in 2020, our team received the very top 
Constituent Services Award in Congress from the Congressional 
Management Foundation for the assistance we have been able to provide 
Texans needing help navigating the Federal bureaucracy.
  Unlike some people working under the Capitol Dome, Beth has never 
lost sight of why we are here: to serve the people we represent. While 
discussing funding bills, foreign bills, defense bills, or you name it, 
Beth would always bring us back home to the most important priority, 
which is to answer the question: How does this affect Texas?
  Focused, thoughtful, considerate, deliberate, rock steady, and a 
Texan through and through--when you hear about such an accomplished 
person, sometimes you might think that they would be an intimidating 
personality or unapproachable, but you would be dead wrong about Beth.
  When I was elected by my colleagues to serve as a Republican whip in 
2012, I asked members of my predecessor staff, Senator Jon Kyl of 
Arizona, if they would like to stay on board. In typical Beth fashion, 
Beth didn't waste a moment welcoming them to the team. She called each 
person and invited them to our annual Christmas party, which she was 
hosting in her own home. She assured them that it would be the best way 
to meet everybody, and it didn't matter that they weren't officially on 
the payroll. But as far as Beth was concerned, they were already part 
of the team. Beth has a special way of making everybody feel right at 
home.
  On any given day, you can find her making the rounds in the office, 
talking to colleagues about their favorite college football team, or 
discussing the latest drama on the reality show ``The Bachelorette''--
or, excuse me, ``The Bachelor,'' I guess it is. You can tell I am not a 
frequent viewer.
  She asks about spouses. She asks about significant others. She asks 
about children, sick family members, home renovation projects, and 
pets. And she makes sure everyone--from the most senior members of the 
team to the most junior--feels seen, heard, and appreciated.
  But it is not just the folks in the Cornyn office that Beth cares 
about. She has been a part of the Senate community for two decades, and 
she has built friendships all across the Capitol.
  Each morning, you will see her catching up with the Capitol Police, 
for example, in the Hart garage entrance, or she will make her way to 
Cups for her first dose of caffeine and a quick conversation with Mr. 
and Mrs. Chung. She will check in with other Senate chiefs--Republicans 
and Democrats alike--as well as the chiefs for Members of the Texas 
House delegation.
  I have no doubt that come Monday, Beth is going to miss each of these 
people and the countless friends she has made throughout the Capitol 
Complex. They are certainly going to miss her.
  If given the microphone, I know Beth would be quick to emphasize that 
this is all part of a team effort, and she is not wrong. But that tells 
you another exceptional quality about Beth, and that is her humility. 
She helps lead the most productive team in the Senate, but she would 
never dream of claiming credit for herself. Whenever there is an 
accomplishment worth celebrating, you are sure to find Beth standing on 
the sidelines, loudly applauding the work of others.
  In a city that is full of people who are frequently all hat and no 
cattle, Beth is the real deal. Her always calm, always friendly 
attitude doesn't reflect just how challenging her job is. And her 
humility provides absolutely no hint that she is one of the most 
respected staffers on Capitol Hill.
  Beth will be the first to tell you she couldn't have accomplished any 
of this on her own. Of course, her parents have been among her biggest 
supporters from day one, and I am honored that her mom, Nancy, is 
looking down from the Gallery today. Someone else I know who is looking 
down on her is her dad, Bob, who passed away earlier this year. And 
there is Chris, and James, and Maj, and her other family members who 
have supported her through the highs and lows of the past 20 years.
  It is tough to sum up the impact Beth has had on me, on my wife 
Sandy, on our team, on our institution, and in our State, but let me 
share just a few numbers that may do the trick.
  Over the last two decades, Beth has served alongside some 800 members 
of Team Cornyn, and that is just full-time staff and doesn't include 
interns and law clerks. She has counseled me through two decades of 
service to Texas, three election campaigns, 4 years as chairman of the 
National Republican Senatorial Committee, and 6 years as a Republican 
whip.
  She served in the Senate during four Presidential administrations and 
witnessed the confirmation process for eight of the nine sitting 
Justices on the Supreme Court of the United States. And she has been 
part of the Senate longer than 81 Senators.
  In a place where people are always coming and going, Beth has been a 
wise and trustworthy partner, and this place just won't be the same 
without her. I know I speak on behalf of our entire team--past and 
present--when I say there is no one else like Beth Jafari.
  She has sometimes been referred to as the glue that holds ``Cornyn 
world'' together. If you think about the life of an elected official, 
you have got, of course, your personal life, your family; you have got 
your official duties; and then you have got your political 
responsibilities, and Beth has literally been the glue that holds all 
of that together in ``Cornyn world.''
  I have never known a Senate without Beth, so this is going to be a 
big transition for all of us, but I am excited for her about what the 
future holds beyond the walls of the Capitol. I hope this new chapter 
will afford Beth more time to sit on the beach with Jackson's leash in 
one hand and a margarita in the other.
  I hope it gives her more opportunities to cheer on her favorite 
teams, whether that is the Aggies, the Houston Astros, her favorite 
Olympic track and field contestants, or the national soccer team of 
Mexico. Instead of just a television screen, maybe she could see more 
of those in person.


 =========================== NOTE =========================== 

  
  On page S6683, November 15, 2022, in the third column, the 
following appears: I hope it gives her more opportunities to cheer 
on her favorite teams, whether that is the Texas Aggies
  
  The online Record has been corrected to read: I hope it gives 
her more opportunities to cheer on her favorite teams, whether 
that is the Aggies


 ========================= END NOTE ========================= 


  I hope it frees up more time for her to spend with her nephew James, 
who is very important to her and she to

[[Page S6684]]

him, and help hone her skills as the next Picasso. Yes, Beth is taking 
up oil painting classes, and we will see how that all turns out. She 
has actually threatened to paint a picture of me, and I said, Well, why 
don't you wait a while until you get a few more lessons under your 
belt.
  And I sincerely hope it will bring Beth back to the halls of Hart, 
where she has served our State so well for nearly two decades.
  I often joke at times like these that Team Cornyn is like the Hotel 
California: You can check out, but you can never leave.
  So this isn't goodbye; it is a simply ``see you soon.'' But it is 
also, ``You better not block my emails or texts or phone messages.''
  On behalf of Team Cornyn and the entire Lone Star State, thank you, 
Beth, for serving our State with such class. We are going to miss you.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Kansas.


                        Tribute to Richard Felts

  Mr. MORAN. Madam President, I have had the privilege to know and to 
work with many distinguished leaders in Kansas and across the country 
over the years, and today, I would like to recognize one of those 
individuals, Richard Felts. Rich currently serves our State as 
president of the Kansas Farm Bureau, a position he has held since 2014.
  Next month, Rich will step down from this role. He will be greatly 
missed, as he has always been a champion for agriculture and for 
preserving the rural way of life we so care about in our great State.
  For the past 8 years, Rich has advocated for Kansas farmers and 
ranchers, bringing their challenges here to me and the rest of the 
congressional delegation and fighting for policies that support farmers 
and ranchers who support agriculture in our State and cross the United 
States.
  His passion for serving the agriculture community comes from his 
upbringing in smalltown Kansas and the lessons he learned from his 
parents who farmed before him.
  Rich has dedicated his life to serving Kansans, and throughout the 
years, I have always known him to be an example of true servant 
leadership and dedication to improving the State he loves. Rich's calm 
guidance and heart for others have been especially felt when disasters 
strike Kansas farmers and ranchers. When wildfires, floods, and drought 
plagued our State, he could always be counted on to be a consistent and 
steady voice of advice and empathy for those suffering.
  When the COVID-19 pandemic caused devastating supply chain issues for 
our agriculture community and when they faced challenges and economic 
fallout from international trade wars, Rich remained a reassuring and 
inspiring example of leadership. At each of these points, I knew I 
could rely upon Rich's advice and counsel when responding to the 
challenges facing our farmers and ranchers and the communities they 
live in.
  His insight will be sorely missed; although, I doubt that we will not 
rely upon him in the future, despite his retirement as President of 
Kansas Farm Bureau. We will still be calling upon him for that advice.
  Before he became President of Kansas Farm Bureau, Rich served as vice 
president on the board of directors of the farm bureau. Throughout his 
life, he has served on the county farm bureau board as a county 4-H 
leader, on Montgomery and Kansas State Extension Council, as chairman 
of Southeast Kansas Grain, and as chairman of the Farm Bureau Mutual 
Holding Company and subsidiary insurance service companies.
  Rich embodies the traits we hope to instill in our children and 
grandchildren: a heart for service, selfless desire to invest in 
others, deep love for one's State and country, and passion for making 
the world a better place. He passed these lessons on to his own 
daughter, who grew up with a passion for helping others and who 
followed in his footsteps by serving as the president of the local 
Montgomery County Farm Bureau.
  Fittingly, Rich, a Montgomery County farmer, plans to return to his 
farm after his time with Kansas Farm Bureau. For Rich and his wife 
Shirley, farming is a way of life. Rich's position requires much time 
away from home, and his wife Shirley and four children--Cynthia, 
Darren, Ryan, and Kimberly--have sacrificed much and supported him 
greatly through the years. To each of them, I say thank you.
  Rich Felts is a true leader, and I have been honored to work with him 
over the years to make certain our State remains a place where all can 
pursue the American dream. I would like to ask my colleagues in the 
U.S. Senate to join me in recognizing Rich for his dedication to 
agriculture and his service to the Kansas Farm Bureau and our entire 
State. I congratulate him on his retirement, and I wish him and his 
family the very best in the future.
  Rich, thank you.
  The PRESIDING OFFICER. The Senator from Kentucky.


                              S.J. Res. 63

  Mr. PAUL. Madam President, the Constitution is the guarantor of our 
liberties. So it should come as no surprise that those who crave power 
to rule over their fellow men always seek to suspend the Constitution 
by declaring and perpetuating emergencies. This is the trick that 
always seems to work: Declare an emergency, and exempt yourself from 
the constitutional restraints on power that are necessary for the 
preservation of a free society. It is a strategy that has existed since 
antiquity.
  As our Founders enshrined in the Constitution a system of checks and 
balances, so too did the founders of the Roman Republic. But when the 
crisis emerged, the Romans dissolved the restraints on power. That is 
how the Roman Republic died and how Caesar became dictator for life.
  There is a touch of Caesarism in the COVID national emergency. The 
President told us that the pandemic is over, yet the national emergency 
remains.
  When the Senate last voted to terminate the COVID national emergency 
in March, the White House issued a veto threat. At the time, the White 
House said: Although we have made tremendous progress in combating the 
virus, the virus continues to pose a risk to the American people and 
our healthcare system.
  Caesar could not have said it better himself. The administration 
demands credit for how it wielded extraordinary powers, but it can 
never claim total success, for doing so would rob the administration of 
the power it so craves.
  Have we forgotten what emergency powers look like? They look like 
lockdowns, where livelihoods and lives are destroyed. They look like a 
travel mask mandate. They look like robbing children of a full 
education. They look like the closure of places of worship. They look 
like a vaccine mandate for those working in large companies and the 
military. They look like an eviction moratorium in which the CDC claims 
the power to destroy contracts and effectively seize private property.
  When was the last time you heard the President tell the country it 
was time to relax emergency powers?
  His actions validate the argument made in Robert Higgs' classic work 
``Crisis and Leviathan.'' Higgs demonstrated that governments justify 
the exercise of extraordinary powers during an emergency; but when the 
crisis ends, even if government gives back some of the powers, it will 
never voluntarily relinquish all its newfound authorities.
  We are free from these monstrous policies only because the courts 
forced the President to abide by the Constitution. In restoring the 
Free Exercise Clause of the First Amendment, the Supreme Court held 
that ``even in a pandemic, the Constitution cannot be put away and 
forgotten.'' It bears repeating.
  The Constitution doesn't go away. We don't dissolve the Constitution 
just because there is an infection out. The rights you were granted 
under the Constitution, the rights that are guaranteed by the 
Constitution, remain in place even in a pandemic.
  When the Supreme Court ended Biden's eviction moratorium, it found 
that ``[T]he C.D.C. has imposed a nationwide moratorium on evictions in 
reliance on a decades-old statute that authorizes it to implement 
measures like fumigation and pest extermination. It strains credulity 
to believe that this statute grants the C.D.C. the sweeping authority 
that it asserts.''
  The Supreme Court further concluded that our system does not permit

[[Page S6685]]

agencies to act unlawfully. And when the Court struck down the vaccine 
mandate, the Court stated:

       This is no ``everyday exercise of federal power.'' It is . 
     . . a significant encroachment into the lives--and health--of 
     vast number[s] of employees of Federal power.

  When the courts restored the people's liberty, you could count on the 
Biden administration to express disappointment and claim that disaster 
was just around the corner. But the administration, time and time 
again, was proven wrong; and, now, even the President himself 
acknowledges what is plain to see for anyone willing to recognize what 
is in front of one's own face. We are learning to live with COVID.
  The one thing he does not seem to acknowledge is that the time for 
emergency measures has long since passed. A President should not be 
able to unilaterally aggrandize his powers by saying a magic word. If 
he will not terminate the national emergency himself, it falls to us, 
the people's representatives in Congress, to act and, in the wise words 
of one court, remind President Biden that ``there is no pandemic 
exception to the Constitution.''
  Let us end this national emergency and restore the Constitution.
  The PRESIDING OFFICER. The Senator from Kansas.
  Mr. MARSHALL. Madam President, I rise today in support of S.J. Res. 
63, a resolution to terminate the COVID-19 national emergency 
declaration. It has now been more than 2\1/2\ years since this first 
issued proclamation declaring the National Emergency Concerning the 
Novel Coronavirus Disease Outbreak, and it has been extended twice 
already by President Biden since the initial declaration--most 
recently, February of this year.
  It is with this national emergency declaration, in tandem with other 
additional emergency powers, currently invoked by the President, which 
this administration is manipulating to supersize government powers. And 
now, it is obvious they need these powers to continue their spending 
spree to enact their radical partisan agenda and grow government 
dependency through further expansion of the welfare state.
  Today marks the third time many of us have come to the floor to 
terminate the emergency declaration. In March, we brought an identical 
resolution to this floor under the expedited procedure contained in 
that National Emergency Act that passed this body 48 to 7. That is 
right, this body passed this same resolution 8 months ago. Since then, 
even more evidence shows the emergency phase of this pandemic has come 
and gone.
  The number of new patients admitted to hospitals with confirmed cases 
of COVID-19 remains near lows since the start of the pandemic, and the 
same is true of emergency department visits. Let me point out that the 
percent of individuals diagnosed with COVID-19 visiting emergency rooms 
represents less than 2 percent of ER visits nationwide.
  And just last week, the World Health Organization announced COVID-
related deaths have dropped 90 percent globally compared to February of 
this year--again, shortly before our March vote the Senate took to 
terminate this same national emergency declaration. Again, this body 
passed the same resolution 8 months ago, and the clinical situation on 
the ground has only improved.
  Listen, the decrease in hospital cases and deaths can be contributed 
to the fact that an estimated 95 percent of Americans, ages 16 and 
older, had developed identifiable COVID antibodies, and that is 
according to the CDC. This includes individuals who have gained 
immunity through natural infection, as well as those who have received 
the vaccine. More than 646 million doses have been administered and 227 
million Americans are fully vaccinated, nearly 70 percent of the 
population.
  Vaccines are so widely available for those that wish to receive 
inoculation that millions of doses are going unused. Between December 
2020 and mid-May of 2022, the U.S. wasted 82 million doses. 
Additionally, we have a growing roster of antiviral drugs, monoclonal 
antibodies, and treatment protocols that are helping vulnerable 
populations avoid life-threatening complications.
  Don't take it from me. Take it from President Biden. Just 2 months 
ago, the President stated the coronavirus pandemic was over in a ``60 
Minutes'' interview. That is right. Two months ago, the same person who 
wants to continue to use this so-called emergency said it was over. 
And, no, I can't make any sense of it.
  So despite all the advances we have made in our fight against this 
virus and the victorious declaration by our chief executive, this 
administration insists the national emergency declaration remain in 
place.
  And to add insult to our intellect, just last week, the White House 
failed to alert States of any intent to lift the public health 
emergency, another emergency power being used to greatly expand 
government powers over American lives and validate their continued 
expansion of government spending and programs.
  Everyone should remember, it was this government-imposed state of 
emergency that justified their continued lockdowns of small businesses 
and schools. It was this government-imposed state of emergency that 
justified their mask and vaccine mandates, including a military vaccine 
mandate that has resulted in the removal of more than 8,000 Active Duty 
troops since the Defense Secretary issued the requirement in August 
2021--8,000 Active Duty troops dismissed because of this mandate.
  Today, our businesses and children suffer the consequences. Too many 
businesses are now shuttered, and our youth struggle with low academic 
performances and stunning record numbers of mental health issues.
  And lest we forget, it was this government-imposed state of emergency 
that justified President Biden and congressional Democrats' spending 
binge, increasing the total government spending by more than $9 
trillion since February of 2021 and lighting the fire for record 
inflation.
  And most recently, it was the national emergency declaration that the 
President used as justification to extend the payment pause and cancel 
up to $10,000 in outstanding federally held student loan balances and 
even a more generous $20,000 for Pell Grant recipients.
  Well, thankfully, a Federal judge in Texas ruled last week that the 
loan forgiveness plan was unlawful and must be vacated, stating that 
the program was ``one of the largest exercises of legislative power 
without congressional authority in the history of the United States.''
  I want to say this again. This was not me, not a politician, not a 
conservative blog. This came from a Federal judge. Listen again to what 
he said. This is ``one of the largest exercises of legislative power 
without congressional authority in the history of the United States.''
  So while the law being cited by the President does not authorize him 
to grant the unfair relief that would have cost the Federal Government 
and taxpayers more than $400 billion, his actions show this White House 
is more than willing and able to use this emergency declaration to 
advance as many of their inflationary giveaways as possible.
  Folks, where and when does this power grab stop? Congress must take 
the responsible action of reining in this massive expansion of 
government and restore Americans' fundamental right by terminating the 
COVID-19 national emergency declaration. As for the elements of the 
pandemic response that are working and needed, let's codify them into 
law. Let's work with the White House and with their friends across the 
aisle and exercise our article I powers and do so through the 
legislative process.
  I encourage all my colleagues to join me and, once again, support our 
resolution to terminate the COVID-19 national emergency declaration.
  I yield the floor.
  The PRESIDING OFFICER (Mr. Markey). The Senator from Oregon.
  Mr. WYDEN. Mr. President, this is at least the third time the Senate 
is debating Senator Marshall's proposal to terminate the national 
emergency declaration related to COVID-19. I am going to have just a 
few brief remarks on why the Senate ought to vote this down and move on 
to the crucial year-end priorities that actually have a chance of 
becoming law.
  First, the Marshall resolution has been referred to the Senate 
Finance Committee. As the chairman of the committee, we have long 
focused on healthcare and, particularly, Medicare.

[[Page S6686]]

And my view is that the Marshall resolution is part of a larger effort 
to create more redtape and less flexibility in American healthcare.
  Now, I have been talking to a lot of Oregonians about many issues 
over the last few months. And I can just say, nobody has come up to me 
in one of our iconic Fred Meyer stores or to a townhall meeting and 
said, ``Hey, Ron, we need more healthcare redtape.''
  I want to be specific about what this means. The Marshall resolution 
will make it harder to keep waivers on the books that have helped 
resolve critical shortages of healthcare providers in hospitals 
overwhelmed with sick patients. The policies allowed under the national 
emergency have also helped address shortages of medical supplies needed 
to treat patients and protect medical workers.
  Looking at the bigger picture, the Marshall resolution is part of a 
broader effort by Republicans to wipe out a host of important policies 
that have saved lives and helped our healthcare system stay afloat over 
the last few years.
  This larger effort by Republicans, for example, could make it harder 
for people to get hospital quality services provided at home where they 
are most comfortable. There is a risk it would lead to a whole lot of 
vulnerable Americans losing coverage through Medicaid.
  Taken together, that is a recipe for chaos in American healthcare and 
serious headaches for millions of patients who would have their 
coverage and their care upended.
  Nobody is saying that emergency policies that began in the pandemic 
are going to stick around forever. Changes do have to be handled 
responsibly. And what we try to do in the Finance Committee is work in 
a bipartisan way.
  So, colleagues, in my view, this Republican effort--and it has been 
what we have been debating now again and again--comes down to less 
flexibility and more chaos in American healthcare, and that sounds like 
an idea the U.S. Senate ought to avoid.
  That begins with voting down the Marshall resolution. My sense is 
this is also exactly the wrong time to start undermining important 
healthcare flexibilities. Doctors and public health experts--we have 
all read these articles--are telling us this is going to be a painful 
flu season. We are hearing this across the country. Hospitalizations, 
colleagues, for the flu are already surging.
  At the same time, there is a huge wave of RSV infections across the 
country. That is particularly serious for infants and toddlers. It can 
be a big problem for adults, too. Many pediatric hospitals are 
overwhelmed. The flu and RSV are hitting just as the country braces for 
possibly another COVID wave during the winter.
  Congress ought to be looking here to support medical workers, protect 
our healthcare system from becoming totally overwhelmed by viruses, and 
save lives. The Marshall resolution and this broader Republican effort 
that we have been hearing about on the floor to eliminate healthcare 
flexibilities does the opposite.
  An earlier version of this Marshall resolution passed back in the 
spring because some Members were absent for the vote.
  Colleagues, this is going nowhere in the other body.
  Now, I will close by saying there are serious healthcare issues that 
deserve bipartisan attention here in the Senate. For example, Democrats 
and Republicans on the Finance Committee, many of them have been 
working with Democrats in a very thoughtful way for months on improving 
mental healthcare in America.
  We are very proud on the Finance Committee that four major provisions 
of our bipartisan work that we put in a year and a half on came out to 
be the back letter text on mental health in the gun safety legislation. 
So we want to work in a constructive way. You see that with mental 
health. Members on the Finance Committee come forward with good ideas. 
That is the kind of work we ought to be doing on healthcare.
  My view is the Marshall resolution is a partisan step in the wrong 
direction. I think it is a mistake for American healthcare at this 
crucial moment to reduce flexibility for government to deal with the 
challenges. I oppose the Marshall proposal.
  I yield the floor.
  The joint resolution was ordered to be engrossed for a third reading 
and was read the third time.


                          Vote on S.J. Res. 63

  The PRESIDING OFFICER. Under the previous order, the joint resolution 
having been read the third time, the question is, Shall the joint 
resolution pass?
  Mr. MARSHALL. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Georgia (Mr. Warnock) is 
necessarily absent.
  Mr. THUNE. The following Senator is necessarily absent: the Senator 
from Nebraska (Mr. Sasse).
  The PRESIDING OFFICER (Ms. Baldwin). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 62, nays 36, as follows:

                      [Rollcall Vote No. 355 Leg.]

                                YEAS--62

     Barrasso
     Blackburn
     Blunt
     Boozman
     Braun
     Burr
     Capito
     Cassidy
     Collins
     Cornyn
     Cortez Masto
     Cotton
     Cramer
     Crapo
     Cruz
     Daines
     Ernst
     Fischer
     Graham
     Grassley
     Hagerty
     Hawley
     Hickenlooper
     Hoeven
     Hyde-Smith
     Inhofe
     Johnson
     Kaine
     Kennedy
     King
     Klobuchar
     Lankford
     Lee
     Lummis
     Manchin
     Marshall
     McConnell
     Moran
     Murkowski
     Murphy
     Paul
     Portman
     Risch
     Romney
     Rosen
     Rounds
     Rubio
     Schumer
     Scott (FL)
     Scott (SC)
     Shaheen
     Shelby
     Sinema
     Sullivan
     Tester
     Thune
     Tillis
     Toomey
     Tuberville
     Warner
     Wicker
     Young

                                NAYS--36

     Baldwin
     Bennet
     Blumenthal
     Booker
     Brown
     Cantwell
     Cardin
     Carper
     Casey
     Coons
     Duckworth
     Durbin
     Feinstein
     Gillibrand
     Hassan
     Heinrich
     Hirono
     Kelly
     Leahy
     Lujan
     Markey
     Menendez
     Merkley
     Murray
     Ossoff
     Padilla
     Peters
     Reed
     Sanders
     Schatz
     Smith
     Stabenow
     Van Hollen
     Warren
     Whitehouse
     Wyden

                             NOT VOTING--2

     Sasse
     Warnock
       
  The joint resolution (S.J. Res. 63) was passed, as follows:

                              S.J. Res. 63

       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled, That, 
     pursuant to section 202 of the National Emergencies Act (50 
     U.S.C. 1622), the national emergency declared by the finding 
     of the President on March 13, 2020, in Proclamation 9994 (85 
     Fed. Reg. 15337) is hereby terminated.
  The PRESIDING OFFICER. The senior Senator from Ohio.

                          ____________________