[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.
____________________