[Congressional Record Volume 169, Number 20 (Tuesday, January 31, 2023)]
[House]
[Pages H531-H539]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PANDEMIC IS OVER ACT
Mr. GUTHRIE. Mr. Speaker, pursuant to House Resolution 75, I call up
the bill (H.R. 382) to terminate the public health emergency declared
with respect to COVID-19, and ask for its immediate consideration in
the House.
The Clerk read the title of the bill.
The SPEAKER pro tempore (Mr. LaTurner). Pursuant to House Resolution
75, the bill is considered read.
The text of the bill is as follows:
H.R. 382
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pandemic is Over Act''.
SEC. 2. TERMINATION OF COVID-19 PUBLIC HEALTH EMERGENCY.
The public health emergency declared by the Secretary
pursuant to section 319 of the Public Health Service Act (42
U.S.C. 247d) on January 31, 2020, entitled ``Determination
that a Public Health Emergency Exists Nationwide as the
Result of the 2019 Novel Coronavirus'' (and any renewal
thereof) shall terminate on the date of the enactment of this
Act.
The SPEAKER pro tempore. The bill shall be debatable for 1 hour
equally divided and controlled by the chair and ranking minority member
of the Committee on Energy and Commerce or their respective designees.
The gentleman from Kentucky (Mr. Guthrie) and the gentleman from New
Jersey (Mr. Pallone) each will control 30 minutes.
The Chair recognizes the gentleman from Kentucky (Mr. Guthrie).
General Leave
Mr. GUTHRIE. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks on the
legislation and to insert extraneous material on H.R. 382.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Kentucky?
There was no objection.
Mr. GUTHRIE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, today, I rise to push for immediate and overwhelming
passage of my legislation, H.R. 382, the Pandemic is Over Act.
President Biden and I both agree that the COVID-19 pandemic is over.
In fact, on the eve of the Pandemic is Over Act going on the House
floor, President Biden finally announced that he is going to end the
COVID-19 emergency declarations. I am glad that my bill finally forced
the Biden administration to act.
However, President Biden has taken too long to act on his statement
last September that the pandemic is over, which is why I am moving
forward with my bill to end the COVID-19 public health emergency and
finally restore checks and balances between Congress and the executive
branch.
There was a time and place for the COVID-19 public health emergency.
On this day 3 years ago, then-Department of Health and Human Services
Secretary Azar first invoked the COVID-19 public health emergency.
The COVID-19 public health emergency was used at the beginning of the
pandemic to establish Operation Warp Speed and provide for CMS waivers
that led to millions of seniors receiving critical healthcare services
through mediums such as telehealth and removing various forms of red
tape getting in the way of healthcare providers' ability to care for
their patients.
Now, exactly 3 years later to the day of the original disaster public
health emergency declaration, we are in a much better position to
address COVID-19. We have proven therapeutics in addition to 95 percent
of the population either being previously infected with COVID-19 or
vaccinated. A senior administration official even stated, ``We are in a
pretty good place in the pandemic. . . . Cases are down dramatically
from where they were the past two winters,'' according to Politico
reporting.
It is long overdue for President Biden to unwind the public health
emergency. Despite overwhelming evidence that COVID-19 is now endemic
and that
[[Page H532]]
the pandemic is over, Secretary Becerra just renewed the public health
emergency for a twelfth time.
The Pandemic is Over Act sends a loud and clear message to President
Biden: The American people are tired of living in a perpetual state of
emergency, and it is long overdue for Congress to take back the
authorities granted under Article I of the Constitution.
The Pandemic is Over Act would immediately terminate the COVID-19
public health emergency. Nothing in my bill ends title 42, despite the
administration stating that it will. Let me repeat: Nothing in this
bill ends title 42.
The Biden administration alone controls title 42. That statute was
written in 1944 before the authority of the public health emergency
even existed. If the Biden administration chooses to end title 42 when
the public health emergency ends without working with us to secure the
border, then that is just another one of his failures to add to the
list.
To be clear, we support the ability to declare a public health
emergency to address clear and serious public health threats.
Maintaining these regulatory flexibilities during a public health
emergency is crucial, but these authorities should only be used for
limited periods of time based upon the particular circumstances and
prevalence or immediacy of the public health threat.
Now, it is time to rescind the President's emergency powers, and
Congress can address the present and future needs that may arise with
COVID-19.
Since President Biden took office, we have seen the pandemic used to
justify countless executive overreaches. The President has used the
pandemic for one-size-fits-all vaccine mandates for healthcare workers,
mask mandates, and eviction moratoriums.
While ending the COVID-19 public health emergency will not relinquish
all the President's power that has been used to make those decisions,
it does make it more difficult to justify bypassing Congress to enact
his policies.
Finally, I want to address the arguments about our unwinding the
public health emergency too quickly. Democrats had unified control and
could have extended, or the administration could have undertaken
rulemaking to unwind, the COVID-19 public health emergency.
Congress is already working. We need to work together on extending a
number of provisions tied to the COVID-19 public health emergency.
Where are their bills that would extend or unwind these things? Where
was the hearing on this last Congress if this was such an issue?
Mr. Speaker, the pandemic is over. I urge my colleagues to support
H.R. 382, and I reserve the balance of my time.
Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong opposition to H.R. 382, which would
abruptly and irresponsibly end the COVID-19 public health emergency
virtually overnight. It would require this action immediately without
providing patients, hospitals, providers, and States sufficient notice
to safely unwind numerous authorities, programs, and flexibilities that
have been essential to protecting Americans throughout the pandemic.
Last night, the Biden administration announced that the COVID-19
public health emergency is planned to be ended on May 11, 2023. This
timeline provides healthcare providers and patients with the certainty
and predictability needed to responsibly wind down the COVID-19
response programs.
As a result of these successful programs, as well as the historic
investments made by Congress, millions of Americans have received free
vaccines and tests, safe access to their doctors through telehealth
appointments, and continuous healthcare coverage through programs such
as Medicaid and CHIP.
{time} 1415
Unfortunately, Republicans are needlessly rushing forward today with
a reckless plan that would jeopardize the health of millions of
Americans by immediately ceasing these important response programs
without advanced preparations.
Mr. Speaker, a pandemic of this magnitude cannot be unwound
overnight. We cannot flip a switch and make COVID-19 end with the snap
of a finger. If H.R. 382 becomes law, it would have disastrous
consequences. It would disrupt insurance coverage for millions of
vulnerable Americans by allowing States to immediately start kicking
vulnerable Americans off their healthcare coverage without any
protections. This is deeply irresponsible and dangerous.
Americans would also immediately begin paying out of pocket for the
COVID-19 testing, and hospitals would see an immediate payment cut of
20 percent for Medicare patients with COVID-19. In addition, important
waivers and flexibilities, including certain telemedicine flexibilities
that providers and patients have relied on for the duration of the
COVID-19 pandemic, would be terminated immediately, as well.
This legislation would also result in the elimination of vital tools
for tracking COVID-19 outbreaks in nursing homes and other residential
facilities.
It also impacts our veterans, ending VA clinicians' ability to
prescribe controlled substances via telehealth. This would severely
impact many veterans' access to medications that they need to manage
chronic pain, complex mental health conditions, and substance use
disorder. The legislation also threatens the progress the VA has made
in ending veterans' homelessness.
Finally, Mr. Speaker, it would abruptly end flexibilities for the
Supplemental Nutrition Assistance Program, or SNAP, that would impact
many Americans struggling to put food on their tables, particularly for
those having trouble finding work and low-income college students.
The Republicans began their House majority with chaos and confusion
earlier this month, and this bill continues that chaos and confusion,
but this time it will hurt millions of Americans directly, and that is
simply not right.
Responsibly transitioning to the post-emergency future requires
careful planning and coordination with public health officials and
policymakers. I applaud the Biden administration for properly guiding
the Nation to a safe transition as we unwind these programs without
endangering access to care and treatment for Americans.
Unfortunately, Republicans are rushing to recklessly and dangerously
eliminate all these protections immediately and without warning. I just
think it is the height of irresponsibility. For that reason, I strongly
urge my colleagues to oppose this bill.
Mr. Speaker, I reserve the balance of my time.
Mr. GUTHRIE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, we have been asking for a year for the Secretary of
Health and Human Services to start showing us a plan for unwinding the
pandemic public health emergency.
Now that we are here doing this today, it seems like we are starting
to move in that direction. Unfortunately, we didn't have any hearings
last Congress to deal with that, but we are going to begin that,
working together today.
Mr. Speaker, I yield 2 minutes to the gentleman from Indiana (Mr.
Bucshon), my friend.
Mr. BUCSHON. Mr. Speaker, I rise today in support of H.R. 382, the
Pandemic is Over Act.
A public health emergency was first declared by Health and Human
Services Secretary Alex Azar in January 2020. It was a different time.
We knew little about the novel coronavirus that was overtaking the
world. We didn't understand how it worked. We had no way to treat it or
reduce the spread.
Now, over 3 years later, the landscape has completely changed.
Reliable vaccines, tests, and treatments are widely available.
Businesses are open, Americans are traveling freely, and folks are
ready and willing to get back to work.
As I have said from the beginning, it is unlikely we will ever fully
rid ourselves of the coronavirus, but it can, and indeed has, become
something we have the ability to deal with. Society can and should be
returning to normal.
Even President Biden acknowledged as much in an interview last
September, more than 4 months ago, when he said the COVID-19 pandemic
is over. Yet this administration has continued to extend the length of
the public health emergency, using it to retain fear in the American
people and to justify continued requests for Federal funding.
[[Page H533]]
In absence of the administration's willingness to immediately
rightfully end the public health emergency declaration, it is time for
Congress to act.
I am grateful to the gentleman from Kentucky (Mr. Guthrie) for
bringing this bill forward. I urge all my colleagues to support a
formal end to the public health emergency declaration.
Mr. PALLONE. Mr. Speaker, I yield 3 minutes to the gentleman from
California (Mr. Correa).
Mr. CORREA. Mr. Speaker, I rise in opposition. COVID-19 has been the
worst pandemic we have had in this world in 100 years. It is a medical
issue to be addressed by doctors and not a political issue.
Today, my colleagues are asking us to support a bill to terminate the
COVID public health emergency, yet the Biden administration's current
extension of the public health emergency is a rational one. It is
rational in the way we exit from this emergency declaration: We let our
healthcare system adjust from this tremendous terrible pandemic that
continues to evolve in our society. I would say a politically driven
end to COVID-19 is not the way to run our healthcare system.
Furthermore, while my colleagues are saying there is no need for a
public health emergency, they want to keep title 42 at the border
because of its public health emergency implications.
My colleagues, I say to you, if you truly believe the pandemic is
over, then you can't say that title 42 is still needed at the border
because of a healthcare crisis.
Mr. GUTHRIE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, we are ending the emergency powers of the President. We
are not conceding that COVID-19 is over in this country, and it is not.
People have to take mitigation. We certainly don't want it coming
across our southern border, so we support keeping title 42 in place.
Mr. Speaker, I yield 2 minutes to the gentlewoman from Florida (Mrs.
Cammack).
Mrs. CAMMACK. Mr. Speaker, I rise today in strong support of H.R.
382, the Pandemic is Over Act. I thank my friend and colleague from
Kentucky, Mr. Brett Guthrie, for leading this important effort.
This action is long overdue. This week we are voting on several bills
designed to do what we all in America have known for some time, that
the emergency declaration should go away. Constituents have been
asking--heck, demanding--that we end this perpetual state of COVID
emergencies in the Federal Government and get back to normal.
More than 4 months ago, President Biden declared that the COVID-19
pandemic was over, yet interestingly the Federal emergency declaration
is still in place. It makes you wonder, why would the President declare
that the pandemic is over but not officially rescind the emergency
declaration?
In fact, many of my colleagues on the other side of the aisle seem
more concerned with keeping the public health emergency in place rather
than addressing the problems we are now being faced with: Things like
investigating the estimated $163 billion with a b in COVID unemployment
fraud and recovering those funds that were stolen from the American
taxpayers; or the approximately $150 billion in unobligated funds that
is just sitting there for COVID. That is a pretty easy way to start
reducing spending. Or how about the approximately half a trillion
dollars that has been obligated but hasn't been pushed out the door
yet?
Ask yourselves, who benefits from the emergency declaration remaining
in place?
It is a fact that the continuation of the public health emergency is
costing taxpayers billions of dollars and worsening already-crippling
inflation, inflation which is costing Florida families in my district
an estimated $10,000 extra a year in basic goods and services. I don't
know anyone who can afford an extra 10 grand a year.
The Federal mandates, like this, have increased private health
insurance costs and grossly exacerbated the ever-increasing national
debt that will be passed on to my generation, our children, and
grandchildren.
It is time to get our kids back to school, folks back to work, and
life back to normal. It is time for us to turn the page and end the
COVID-19 public health emergency powers. Let's get back to commonsense
fixes to our healthcare system. Let's get back to work on lowering
energy costs. Let's get back to work, and let's get back to work in
person.
Mr. PALLONE. Mr. Speaker, I yield 3 minutes to the gentleman from
Oregon (Mr. Blumenauer), a member of the Ways and Means Committee.
Mr. BLUMENAUER. Mr. Speaker, I appreciate the gentleman's courtesy in
permitting me to speak on this. It is not quite as simple as my friend
from Florida implies.
Today we are voting to upend the healthcare system and interrupt
patient care. Ending the public health emergency prematurely would have
far-reaching implications, and this is a waste of time. The Biden
administration has already made clear that they are planning on ending
the emergency in May.
Why are we spending time abruptly ending this declaration, which is
going to end in 3 months anyway, when we could have instead had a
serious conversation about making this as smooth a transition as
possible?
There are many things that are involved here. Congress already
started this work in the omnibus by beginning a process to wind down
Medicaid enrollment policies and extending important programs like
telehealth.
I was happy that my bipartisan legislation to extend Medicare's
Hospital at Home program was extended in this manner. We fought for
this because we viewed the waivers and policies of the last 3 years as
a blueprint for future opportunities to innovate and extract value from
our healthcare system.
This work was bipartisan because both sides of the aisle saw the
benefit of the pandemic-era policies. It is unfortunate that instead of
continuing to build on that work, my colleagues are posturing.
I have heard from hospitals in my district, and I imagine you have
heard in yours, how important it is to extend, not end, the waivers
that address their capacity and staffing challenges.
If this bill were enacted, those operations would be upended. State
Medicaid programs would be in unnecessary chaos, with millions at risk
of losing their health insurance. Seniors would lose access to COVID
tests because Medicare would no longer be able to pay for them. These
are just a few examples of the complexity and how irresponsible this
legislation is. It certainly does not honor the more than a million
Americans who have lost their lives to this disease.
After a traumatic 3 years full of loss, the last thing the public
needs is additional chaos at the hands of the Federal Government.
At the start of the pandemic, we saw an often divided Congress come
together to bring meaningful relief to American families. I had hoped
that we would continue that same spirit of cooperation and dedication
to our constituents at the end of this chapter.
I know we have all heard from our hospitals and healthcare systems
about the needs they still have. I believe we can work together to make
this a stable transition and learn lessons from the pandemic.
I urge my colleagues to reject this legislation and instead come to
the table to work to ease the transition in a reasonable fashion.
Mr. GUTHRIE. Mr. Speaker, I just point out that the omni gave the
States clarity in how to deal with the Medicaid situation moving
forward. We also extended telehealth, so a lot of things we have been
trying to do, we have been asking the administration for a year to
address some of the things that my friend from Oregon just brought up.
Mr. Speaker, I yield 1 minute to the gentlewoman from Iowa (Mrs.
Miller-Meeks).
Mrs. MILLER-MEEKS. Mr. Speaker, as both a physician and the former
Director of the Iowa Department of Public Health, I agree with what
President Biden said in September of last year: The pandemic is over.
More specifically, even though SARS-CoV-2 is still circulating, it is
endemic. The public health emergency is and should be over.
Mr. Speaker, I am proud to support H.R. 382, which would acknowledge
the truth of the President's words and finally put an end to the public
health emergency.
[[Page H534]]
When COVID-19 first reached our shores, the public health emergency
declaration was a tool that helped our country to mobilize, develop
testing, develop vaccines, and to distribute PPE and institute our
manufacturing sector. However, this emergency declaration is no longer
needed, and instead of putting an end to it, the President has
continually renewed it with no end in sight.
For example, we have already extended telehealth for 2 years. From
mask mandates and vaccine mandates to extending Medicaid expansion to
previously ineligible participants and student loan forgiveness, the
President and this administration are using the public health emergency
to expand government overreach.
What is irresponsible is not putting a transition in place during
this past year.
Mr. Speaker, I urge my colleagues to support H.R. 382 and put an end
to this outdated, bloated government overreach.
Mr. PALLONE. Mr. Speaker, I yield 3 minutes to the gentlewoman from
Texas (Ms. Jackson Lee).
{time} 1430
Ms. JACKSON LEE. Mr. Speaker, I rise today to try and speak something
called commonsense speak, and that is for my colleagues to understand
that Americans reject confusion and chaos.
According to The New York Times, ``An abrupt end to the emergency
declarations would create wide-ranging chaos and uncertainty throughout
the healthcare system--for States, for hospitals and doctors' offices,
and, most importantly, for the tens of millions of Americans,'' as
evidenced.
This is on the data from the White House, which by the way, under
President Joe Biden, crafted a White House COVID task force that began
to calm the uncalm waters that we suffered in the last administration.
Does anyone remember, ``maybe we should drink disinfectant'' in the
midst of COVID-19?
Well, let me tell you, in Houston, Texas, we remember it. We also
know that 6,812,798 persons died around the world from COVID; 1.1
million died in the United States.
It was only after an overwhelming effort by the Biden administration
that we began to see the clock move on individuals willing to get their
first, second, and third shots; their booster shots. That is why we are
living, because we were vaccinated, because we overcame the stigma and
the wrongheaded information that was scaring people about vaccines.
We didn't lose 1 million people on vaccines. We lost 1 million people
due to not having that vaccination timely. I am struck by this
legislation. The pandemic is not over.
Mr. Speaker, 500 people a day die, right now as I am standing here,
from COVID. That is a reasonable amount. I know there are other
infectious diseases, but doesn't it make sense that if we can have a
vaccine and a protocol that allows people, our children, and those with
preexisting conditions to live that we want them to do so?
The Biden administration has announced that they intend to reduce
this national emergency declaration in May. It will allow our health
facilities to get themselves organized for the possible onslaught. It
will also deprive impoverished persons from the ability to get free
vaccinations, including possibly flu shots, like we are doing in
Houston, Texas.
I remember over 70 testing sites that I put in my district with
healthcare providers week after week after week so that people could be
tested and so we could bring down COVID in Houston, Texas.
I remember vaccination sites where people stood in line, a thousand
at a time, to get vaccinated for free. Are we jumping for joy to
condemn and now undermine the emergency pandemic that was utilized?
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. PALLONE. Mr. Speaker, I yield an additional 30 seconds to the
gentlewoman from Texas.
Ms. JACKSON LEE. All I can say is that health professionals by and
large in hospitals, clinics, doctors' offices will say no. They need
their patients healthy. As many people that can get vaccinated with
information should get vaccinated and, of course, guided by your
healthcare provider.
I don't think it makes any good sense to be able to talk about how
you never got tested, how you never got vaccinated. That is all well
and good. I applaud an individual who is able to survive not getting
tested, not getting vaccinated, but I know of so many of my close
friends who died because there was not a vaccination, there was not
good healthcare. They came to the end stages of COVID and COVID killed
them.
So I don't make a mockery of the hard work of President Biden. I
truly believe that his time frame--I might think it is a little too
quick, but I adhere to the President's time frame of May 2023. Let us
organize so that we can save lives.
The SPEAKER pro tempore. The time of the gentlewoman has again
expired.
Mr. PALLONE. Mr. Speaker, I yield an additional 1 minute to the
gentlewoman from Texas.
Ms. JACKSON LEE. Mr. Speaker, at any moment we can have a surge of
COVID-19. We saw that at the beginning of the convergence of the flu,
which was high this year, and COVID.
So I don't celebrate this legislation. I don't take angst or anger
with the individual who thinks this is the right way, but I know that I
am on the right side. I am on the dominant side of truth that 6
million-plus died, 1.1 million died here in the United States and 500
are dying every day.
This is not a time to precipitously end the emergency declaration. We
should also make sure that we are not creating chaos and confusion.
Mr. Speaker, I again emphasize that we need not have chaos and
confusion. Unfortunately, I see no purpose in this bill and will vote
against it.
Mr. Speaker, I rise in strong opposition to H.R. 382--the Pandemic is
Over Act, which would terminate the COVID-19 public health emergency
that was declared on January 31, 2020, on the date of the bill's
enactment.
Yesterday President Biden announced that the Public Health Emergency
would officially end on May 11, 2023.
The purpose of doing this would be to allow hospitals, health care
workers, and health officials the ability to manage changes that will
come with ending the public health emergency declaration.
According to the Department of Health and Human Services, a Public
Health Emergency declaration occurs when the Secretary of HHS
determines that a disease or disorder presents a public health
emergency (PHE) or that a public health emergency exists.
Secretary Becerra and the Biden administration have repeatedly said
that the decision to terminate the public health emergency would be
based on the best available data and science.
Through mass testing and vaccination campaigns, the public health
emergency declaration has helped the American public contain the COVID
virus, while also keeping the cost low for those seeking treatment.
The public health emergency has required that group health plans and
insurers provide patients with COVID vaccines, testing, and treatment;
expanded telehealth services, and extended health coverage for Medicaid
beneficiaries.
Abruptly ending these pandemic declarations without a transition
period would be extremely irresponsible because it would create
uncertainty in health care systems; it would end Medicaid programs that
have operated under special rules, telehealth would be impacted, and
group health insurance plans could potentially change frequency of
testing, vaccination, and treatment for patients.
These programs have been incredibly helpful at slowing the spread of
COVID, so we must be thoughtful and practical about how we dissolve the
public health emergency, which is why we need a transition period as
proposed by the President just yesterday.
We must provide stakeholders with time to adjust to the changes that
will come from ending the public health emergency.
I urge my colleagues to join me in opposition to legislation that
would end the pandemic far too early and would upend some of the
flexibilities that we all have benefited from since the start of the
pandemic.
Ms. JACKSON LEE. Mr. Speaker, I include in the Record a New York
Times article, ``U.S. Plans to End Public Health Emergency for COVID in
May.''
[From the New York Times, Jan. 30, 2023]
U.S. Plans To End Public Health Emergency for Covid in May
The end of the emergency, planned for May 11, will bring
about a complex set of policy changes and signals a new
chapter in the government's pandemic response.
[[Page H535]]
Washington--The Biden administration plans to let the
coronavirus public health emergency expire in May, the White
House said on Monday, a sign that federal officials believe
the pandemic has moved into a new, less dire phase.
The move carries both symbolic weight and real-world
consequences. Millions of Americans have received free Covid
tests, treatments and vaccines during the pandemic, and not
all of that will continue to be free once the emergency is
over. The White House wants to keep the emergency in place
for several more months so hospitals, health care providers
and health officials can prepare for a host of changes when
it ends, officials said.
An average of more than 500 people in the United States are
still dying from Covid-19 each day, about twice the number of
deaths per day during a bad flu season. But at the three-year
mark, the coronavirus is no longer upending everyday life to
the extent it once did, partly because much of the population
has at least some protection against the virus from
vaccinations and prior infections.
Still, the White House said on Monday that the nation
needed an orderly transition out of the public health
emergency. The administration said it also intended to allow
a separate declaration of a national emergency to expire on
the same day, May 11.
``An abrupt end to the emergency declarations would create
wide-ranging chaos and uncertainty throughout the health care
system--for states, for hospitals and doctors' offices, and,
most importantly, for tens of millions of Americans,'' the
White House said in a statement.
The announcement came on the eve of a scheduled vote in the
House on a bill that would immediately end the public health
emergency. The bill, called the Pandemic Is Over Act, is one
of several pandemic-related measures that the Republican-
controlled chamber is scheduled to consider this week. The
White House issued its statement as the administration's
response to that bill and another measure that would end the
national emergency.
The back and forth signaled what is likely to be a
protracted political battle between House Republicans and the
White House over its handling of the pandemic. Republican
lawmakers hope to put the Biden administration on the
defensive, claiming it spent extravagantly in the name of
battling the coronavirus.
``Rather than waiting until May 11, the Biden
administration should Join us now in immediately ending this
declaration,'' Representative Steve Scalise, Republican of
Louisiana and the majority leader, said in a statement. ``The
days of the Biden administration being able to hide behind
Covid to waste billions of taxpayer dollars on their
unrelated, radical agenda are over.''
The White House argues that it is only because of federal
Covid policies mandating free tests, treatments and vaccines
that the pandemic is now under better control. Covid was the
third-leading cause of death from 2020 through mid-2022; now
it is no longer among the top five killers, federal officials
said.
The public health emergency was first declared by the Trump
administration in January 2020, and it has been renewed every
90 days since then. The Biden administration had pledged to
alert states 60 days before ending it. The emergency was last
renewed earlier in January, and many state health officials
expected it would be allowed to expire in mid-April.
Ending the emergency will prompt complex changes in the
cost of Covid tests and treatments that Americans are
accustomed to getting for free. Any charges they face will
vary depending on whether they have private insurance,
Medicare coverage, Medicaid coverage or no health insurance.
What state they live in could also be a factor.
Still, the consequences may not be quite as dramatic as
public health experts once feared. Medicaid enrollment
expanded greatly during the pandemic because low-income
Americans were kept in the program for as long as the public
health emergency was active.
But a congressional spending package enacted in December
effectively broke that link, instead setting an April
deadline when states will begin losing additional funding for
Medicaid coverage. State officials are likely to gradually
remove Americans from Medicaid rolls this year beginning
then. That transition avoids a more sudden removal of
millions of poor Americans from their health coverage.
By reconfiguring that expensive policy, Congress was able
to use the projected savings to pay for expanded Medicaid
benefits for children, postpartum mothers and residents of
U.S. territories.
The December legislation also extended coverage for
telehealth visits for Medicare recipients through 2024.
Telemedicine proved a lifeline for many during the pandemic,
and that coverage would have ended when the emergency was
lifted.
Still, other services might prove more costly to Americans,
particularly those with no insurance. People with private
health insurance or Medicare coverage have been eligible for
eight free coronavirus tests each month. Insurers were
required to cover tests, even if they were administered by
providers that were not part of their networks. Once the
emergency ends, some Americans will end up paying out of
pocket for those tests.
And while vaccines will continue to be covered for people
with private insurance or Medicare or Medicaid coverage, the
end of the emergency will mean that some Americans may have
to pay out of pocket for Covid treatments, such as Paxlovid,
an antiviral pill. Hospitals will also no longer receive
higher Medicare payment rates for treating Covid patients.
Jennifer Kates, a senior vice president at the Kaiser
Family Foundation, said the emergency declaration had
provided an important reprieve from the American health care
system's typically fractured way of covering the costs of
care, giving more people access to services that might
otherwise not have been covered by insurance.
The White House's decision, she added, could send the wrong
message about how relaxed Americans should be about the
virus.
``To the extent that it might let people let their guard
down from one day to the next, that could raise some
challenges,'' she said.
Mr. GUTHRIE. Mr. Speaker, we are trying to end the emergency powers
of the President during the pandemic. We recognize COVID is still an
issue that people have to deal with. We absolutely know that we are
going to be working together over the next few weeks and months to make
sure we have in place the proper protections.
Mr. Speaker, I yield 2 minutes to the gentleman from Georgia (Mr.
Carter), my good friend.
Mr. CARTER of Georgia. Mr. Speaker, I thank the gentleman for
yielding.
Mr. Speaker, I rise today to speak in favor of H.R. 382, the Pandemic
is Over Act.
Mr. Speaker, to quote President Biden, ``the COVID-19 pandemic is
over.''
This is one of the few times I have agreed with him from this
Chamber. Now that the House is finally voting to end the public health
emergency, President Biden has suddenly decided to end it in May. It is
past time for us to act. That is why I will be voting for the Pandemic
is Over Act, and I urge my colleagues to do the same thing.
This is not just a symbolic gesture. It is critically important that
we vote to end the so-called emergency once and for all.
Mr. Speaker, this administration has maintained the emergency
declaration for 3 years. Americans have moved on from the pandemic.
Georgians in my district went back to work and back to school over 2
years ago, so why is our country still under a public health emergency?
The reason why is because it is the vehicle this administration has
used to implement mask mandates and other leftist policies. It is
nothing more than an excuse for Federal overreach that prohibits States
from making decisions for their constituents.
It is time to make it official. Let's end this COVID-19 public health
emergency and focus on reviving our economy.
Mr. Speaker, I thank Representative Guthrie and Chairwoman Rodgers
for working together on this legislation, and I encourage my colleagues
to support this bill.
Mr. PALLONE. Mr. Speaker, I yield myself 1 minute.
Mr. Speaker, I commend Ms. Sheila Jackson Lee, my colleague, for
everything that she just said.
I remember so many times during the first year of the COVID pandemic
when she was calling me and trying to get testing sites, trying to make
sure that a lot of her constituents were tested and had received the
vaccine.
It is very easy for our colleagues on the other side now to say,
well, this is over. It is time to move on. But the bottom line is that
we never know for sure exactly what is going to manifest itself. Even
when the President said yesterday that he is planning on ending this
public health emergency on May 11, notice he said ``plan'' because we
are not sure that that is possible.
In any case, it makes no sense to just say that we are going to do
this immediately upon enactment of this bill--which is not going to be
enacted, but nonetheless--because we need to do a lot of preparation
and planning. We did some of that even in the omnibus that passed at
the end of the last session with continuous eligibility for Medicaid,
for example.
My understanding is the way this bill is worded, that would end if
this passed immediately, as well.
Mr. Speaker, so our point is that this is a pandemic that we just
have to be very careful about what we do. We have to do adequate
preparation.
The President has said May 11 is the likely date. That is fine. But
it has to be based on science. We shouldn't be
[[Page H536]]
getting up here and say, ``end it immediately.''
Mr. Speaker, I reserve the balance of my time.
Mr. GUTHRIE. Mr. Speaker, I yield 2 minutes to the gentleman from
Ohio (Mr. Balderson).
Mr. BALDERSON. Mr. Speaker, I thank Mr. Guthrie for yielding.
Mr. Speaker, I rise in support of H.R. 382, the Pandemic is Over Act.
As Representatives of the American people, we owe it to them to assess
our country's response to the COVID-19 pandemic and look to better
prepare for future pandemics. Most importantly, the American people
deserve honesty and normalcy.
The pandemic is over. Even President Biden said as much last
September. That level of honesty from the President is a step in the
right direction, but after the President publicly declared the pandemic
over, he extended the public health emergency not just once, but two
more times. Today marks 3 years since the original public health
emergency declaration.
Our country has been through a lot in the last 3 years but it is time
to get back to normal. It is time to give power back to the people.
Mr. Speaker, I urge passage of H.R. 382.
Mr. PALLONE. Mr. Speaker, may I inquire how much time remains on both
sides?
The SPEAKER pro tempore. The gentleman from New Jersey has 15\1/2\
minutes remaining. The gentleman from Kentucky has 17\1/2\ minutes
remaining.
Mr. PALLONE. Mr. Speaker, I reserve the balance of my time.
Mr. GUTHRIE. Mr. Speaker, I yield 2 minutes to the gentleman from
California (Mr. Obernolte).
Mr. OBERNOLTE. Mr. Speaker, in times of national crisis, our
Constitution and our Federal laws empower our President to temporarily
seize extraordinary power. This is necessary to allow him the authority
to alter Federal law to meet the urgent needs of the emergency.
In this case, that declaration of emergency to meet the crisis of the
coronavirus pandemic occurred almost 3 years ago. Mr. Speaker, also
incumbent in that authority is the expectation that the executive
branch will return that authority to the people when it is no longer
needed. That is certainly the case today.
Congress has met hundreds and hundreds of times since the executive
branch first declared the state of emergency. Congress has had abundant
opportunity to pass Federal legislation codifying or rejecting the
President's recommendations. Unfortunately, the Biden administration
has recently renewed the state of emergency for a twelfth time. This is
not what the Founding Fathers intended.
Mr. Speaker, the Founding Fathers intended the legislative branch of
government, the people's elected Representatives, to be the ones that
set laws for the United States of America, and it is past time that
that authority be returned to the people.
Mr. Speaker, I urge support of this bill.
Mr. PALLONE. Mr. Speaker, I yield 3 minutes to gentleman from Florida
(Mr. Moskowitz).
Mr. MOSKOWITZ. Mr. Speaker, I rise today in strong opposition to H.R.
382, and I urge my colleagues to support my motion to recommit which
would prohibit this legislation from going into effect if it will
negatively impact Medicare beneficiaries.
Speaker McCarthy has publicly stated that cuts to Medicare will be
off the table in any debt ceiling negotiations, but that commitment
clearly does not carry over to today's legislation.
Mr. Speaker, H.R. 382 would increase patient costs and cut hospital
payments to Medicare beneficiaries.
In its nearly 68 years of existence, Medicare has given millions of
Americans access to affordable healthcare coverage. Generations have
been given peace of mind knowing that they will have comprehensive
available coverage to them as they age, regardless of their financial
status.
In 2021, nearly 64 million Americans, including 4.8 million
Floridians, were enrolled in Medicare. These individuals are Democrats,
Republicans, and everything in between. They are our friends, our
family members, our colleagues, our neighbors, our mentors. We must
ensure that these beneficiaries can continue to rely on the lifesaving
coverage provided through Medicare.
The President has announced his intention to end the public health
emergency on May 11, providing a glide path to smoothly transition out
of the emergency era programs. As Florida's former director of
Emergency Management during the early days of the pandemic, I helped
stand up many of the public health emergency initiatives that provided
Americans with COVID-19 tests, treatments, and vaccines at no charge.
These initiatives offered enhanced social safety net benefits to help
the Nation cope with the pandemic and minimize the impact.
What would an instant cut to the social safety net mean for Medicare
beneficiaries and their families? The American family could face an
abrupt increase in costs and decrease in care. What would this mean for
your local hospital back home?
Hospitals could see a cut of 20 percent for care of COVID patients.
Without a responsible plan in place, millions of patients, including
many veterans and children, would abruptly face increased barriers to
critical hospital care. Rural patients and those with behavioral health
needs would be among the most impacted.
So why are some of my colleagues pushing for this to happen? Because
it is rooted in political messaging, not thoughtful policy.
An instant termination to the public health emergency without proper
coordination with agencies, States, and providers, would interrupt
insurance coverage, access to care, increase patients' out-of-pocket
costs, and threaten provider payments.
I, like many of my Democratic colleagues and millions of Americans,
want to officially end the pandemic and the emergency. As I mentioned,
President Biden has announced his intention to do so while taking the
time necessary to absorb the impacts.
Pushing for an immediate cessation of the emergency initiatives for
messaging purposes could leave millions of Medicare beneficiaries
unexpectedly without access to programs that they are currently on.
Mr. Speaker, it is for those reasons that I submit a motion to
recommit that will prohibit the bill from going into effect if it will
negatively impact Medicare beneficiaries.
Mr. Speaker, I ask unanimous consent to add the text of my amendment
in the Record immediately prior to the vote on the motion to recommit.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
{time} 1445
Mr. Speaker, I know that we plussed-up accounts for COVID that went
to hospitals. I am not sure there is any bill that has been offered
from the other side to continue the plus-up for COVID spending. I guess
what is being referred to in this motion to recommit must be what they
are referring to.
I will point out that we do have to deal with Medicare. We do have to
save Medicare. In the Inflation Reduction Act, money was taken out of
Medicare.
If you take Medicare part D reform, if you take the rebate rule, $288
billion was taken out of Medicare with no Republican votes, cut from--
taken from Medicare and used to spend on some things in Medicare but
other programs without shoring Medicare up.
If they want to have an intellectual discussion on saving Medicare,
that is going to be something we are going to have to work on over the
next 2 years.
Mr. Speaker, I yield 2 minutes to the gentleman from New York (Mr.
Molinaro), my good friend.
Mr. MOLINARO. Mr. Speaker, I thank my colleague for yielding time.
There is a reason that nearly every other level of government in
America has ceased to exercise executive authority. The emergency is
over.
Mr. Speaker, 1,100 days ago, the President declared a public health
emergency. We know this. Since then, that order has been extended a
dozen times, including twice after President Biden declared the
pandemic over during a ``60 Minutes'' interview on national television.
Mr. Speaker, 1,100 days ago, the public health emergency was
warranted. I know this. I lived it as a county executive where I took
immediate emergency action to protect our most vulnerable and help to
save lives. I saw
[[Page H537]]
firsthand the flexibilities granted under such an emergency, expanding
access to care and services during a time of essential need.
I also simultaneously saw how the absolute power granted within such
an order corrupted New York State government and enabled Governors and
the President to choose who was and was not essential.
It is important that we find bipartisan solutions and agreements to
extend those efficiencies and flexibilities we like, but it is past
time to end the executive and Presidential overreach.
Emergency executive authority should be limited and only for
extraordinary circumstances. This is no longer an extraordinary
circumstance.
Mr. PALLONE. Mr. Speaker, I yield 3 minutes to the gentlewoman from
Michigan (Ms. Tlaib).
Ms. TLAIB. Mr. Speaker, in the State of Michigan, there have been
over 16,000 COVID-19 cases just this month. Nearly 200 people have
died. Death and illness and viruses should not be politicized.
In both Wayne and Oakland Counties, we are still seeing nearly 3,000
cases per week, so the pandemic is far from over. We have residents
being hospitalized and families having to say good-bye to their loved
ones because of this deadly virus.
This pandemic is not over. The pandemic is still preventing people
from going to work and school, disrupting everyday lives.
By ending resources and policies that have surely saved lives, we are
leaving our residents and communities to fend for themselves. They
cannot do this alone.
We must continue to provide resources to combat COVID-19 and the
impacts of long COVID, from testing to treatment and care.
We can continue to save lives together. Continuing to provide
resources is not only the right and sensible thing to do, but it is the
moral thing to do.
Please, again, we must vote ``no'' on H.R. 382.
Mr. GUTHRIE. Mr. Speaker, I yield myself 1 minute.
Mr. Speaker, I agree with my friend from Michigan that we absolutely
have to look at putting things in place and keeping things in place
that protect our citizens from COVID-19. We are not dismissing that.
What I am saying, or what we are saying, is it should be a
legislative branch-wide issue, that we believe that if things are going
to stay in place or be put in place, it should be by an act of
Congress, signed by the President, as the Constitution says, instead of
just the President making decisions for almost 3 years now--two
administrations, almost 3 years now.
That is what we are saying. We look forward to working together to
solve these issues and moving forward.
Mr. Speaker, I reserve the balance of my time.
Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
I listened to my colleague from Kentucky, but as much as I respect
him, I totally disagree with what he has been saying here.
Under the public law right now, the emergency--when it starts, when
it ends--is done by the administration. Specifically, the Secretary of
Health and Human Services, I guess, recommends to the President. There
is a reason for that, and that is because he gets all this information
from various sources about the science, about when we should be doing
this.
I disagree to say that we, as the Congress, should be the ones that
make that determination either to begin or end.
In addition to that, the gentleman from Kentucky mentioned in
response to one of my Democratic colleagues the provision that we
passed in the last Congress in the Inflation Reduction Act to negotiate
prices for prescription drugs under Medicare. The fact of the matter is
that wasn't a cut to Medicare. That was a way of trying to make drug
prices more affordable for our seniors.
To suggest that somehow that is a cut I don't think is accurate. I
mean, this is a major savings to seniors out of pocket once this
program goes into effect.
By way of background, again, some of my Democratic colleagues have
stressed that we hear constantly from the other side of the aisle this
idea that the Republicans are going to refuse to raise the debt ceiling
unless they can cut Social Security or Medicare or Medicaid and other
vital programs. They seem so determined to cut Americans' healthcare
that they are willing to recklessly risk defaulting on the national
debt and wreaking havoc on the economy.
Again, it is the same thing here. What we are saying is if you cut
off this public health emergency earlier than what the President is
suggesting, under this bill, you end a lot of programs that are very
important: continuous eligibility for Medicaid, a 20 percent cut in
hospital payments, free testing, free vaccines.
I mean, all this ends, and it makes no sense, in my opinion. We
should be trying to do what we can to help American families and make
the right decisions based on the science.
Mr. Speaker, I reserve the balance of my time.
Mr. GUTHRIE. Mr. Speaker, I yield myself such time as I may consume.
I think I did use the word ``cut,'' and I think I corrected myself.
We are spending less money in Medicare, so you are taking money out of
Medicare under the Inflation Reduction Act, but that money wasn't
really put back in to shore up Medicare. It was spent in other
programs, so there is $288 billion less being spent in Medicare.
Mr. Speaker, I yield such time as she may consume to the gentlewoman
from Washington (Mrs. Rodgers), the chairwoman of the Energy and
Commerce Committee. As we stated today in our organizational session,
she is the first chairwoman in the history of the oldest committee in
Congress.
Mrs. RODGERS of Washington. Mr. Speaker, I appreciate the gentleman's
leadership on the Subcommittee on Health, as well as bringing forward
this legislation today. I think it is very important legislation, H.R.
382, the Pandemic is Over Act.
Just to recap, 3 years ago today, Health and Human Services Secretary
Alex Azar declared a public health emergency for the emerging threat
that was the novel coronavirus. The U.S. had just identified its first
official case over a week prior.
Within 1 year of the anniversary of the public health emergency,
thanks to the early leadership of President Trump and Operation Warp
Speed, an authorized vaccine helped prevent thousands of
hospitalizations and deaths.
Mr. Speaker, 3 years later, it is estimated that 95 percent of those
over 16 have been vaccinated or have had COVID-19.
Earlier in January, President Biden extended the public health
emergency for the twelfth time, continuing to use the pandemic and the
national and public health emergency authorities to achieve progressive
policy goals. This includes pushing for an indefinite extension on the
moratorium on evictions, the suspension of student loan interest
payments, and attempts to require masking in public transit.
Last week, House Republicans announced that we would bring this bill,
along with Representative Paul Gosar's bill, to end the COVID-19
national emergency to the floor today. Just yesterday, the Biden
administration decided to announce their plans to end the public health
emergency on May 11, 2023, which CNN has reported only came after the
House Democrats were worried about voting against this bill without the
White House having a plan in place.
Whatever the reason or the rationale for their announcement, I am
pleased that the administration is following the House Republicans and
finally abiding by President Biden's own acknowledgment 4 months ago
that the pandemic is over, but it shouldn't take another 3 months to
unwind this authoritarian control.
It is long past time for the Biden administration to stop relying on
an emergency that no longer exists so that they can make unilateral
decisions.
Mr. Speaker, I urge my fellow Democratic colleagues to join the
Democratic administration and House Republicans in voting ``yes'' on
H.R. 382. Declare the COVID-19 pandemic over. Give Americans their
lives back. Work to develop policies so that we are better prepared
moving forward.
The Senate voted in a bipartisan way to end the national emergency,
and I hope that this bill also will gain bipartisan support.
[[Page H538]]
Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, let me just say this in closing. We do have one more
speaker, though.
I think that this legislation that is before us today is totally
unnecessary and creates all kinds of problems. In other words, the
President has indicated his plan is to end the emergency on, I believe
he said, May 12. We estimated it would probably end sometime in April
of this year when we were working on the omnibus at the end of last
year. We put in the omnibus a lot of protections and guardrails for
when the public health emergency would end, but there is still more
that needs to be done.
My concern is that the way this bill is written, it basically
eliminates a lot of those guardrails, a lot of those protections, like
the continuous eligibility for Medicaid.
At the same time, it doesn't allow, because it says immediately upon
enactment, us to wind this down in an effective way so that we don't
have problems like the 20 percent cut for hospitals, eliminating
continuous eligibility, free testing, free vaccines.
There are so many things here that the public relies on--I didn't
even mention the veterans, the nursing homes, the SNAP program--that,
to me, it is reckless to say we are just going to end it immediately.
Let's shelve this legislation. I suggest a ``no'' vote. Let the
President and this administration wind this process down in an
effective way to protect Americans.
Mr. Speaker, I yield 3 minutes to the gentleman from California (Mr.
Takano), who is the ranking member on the Committee on Veterans'
Affairs.
Mr. TAKANO. Mr. Speaker, I thank Ranking Member Pallone for yielding
time.
I rise today in opposition to H.R. 382, the Pandemic is Over Act.
This is an effort by our Republican colleagues to hastily terminate a
public health emergency designation that will have damaging effects on
our Nation's veterans and those who care for them.
Currently, this emergency designation grants our government a number
of critical flexibilities that not only allow it to work more
efficiently and effectively but that are essential to support America's
veteran population.
When we passed the CARES Act in 2020, we did so carefully and
thoughtfully to ensure that veterans would be able to safely and
quickly access the care they needed throughout the COVID-19 pandemic.
We also ensured the Department of Veterans Affairs and its employees
had the tools and flexibilities they needed to meet their mission.
I am especially concerned by the risk that would be caused by hastily
terminating healthcare providers' ability to prescribe controlled
substances via telehealth. This will severely impact millions of
patients' access to medications they need to manage chronic pain,
complex mental health conditions, and substance abuse disorders.
Veterans who experience these conditions at greater rates than their
nonveteran counterparts are among those who would be severely affected.
VA estimates at least 47,000 veterans have active controlled
substance prescriptions from prescribers they have never seen in
person. A sudden termination of the public health emergency would mean
all of them would need immediate in-person visits with their
prescribers in order to continue their treatments.
{time} 1500
An additional 247,000 veterans have active controlled substances
prescriptions through virtual care at VA, and many of these veterans'
continued access to medications could also be at risk.
During the public health emergency, we also specifically addressed
the unique health and safety needs facing homeless veterans. Those
actions included ensuring that veterans experiencing homelessness had
access to basic needs, like shelter, food, clothing, and
transportation, while also ensuring service providers had the funding
they needed to maintain social distancing and distribute those in need
across multiple facilities to reduce the spread of COVID-19.
What we learned from the pandemic is that providing these
foundational basic needs to homeless veterans and service providers
works in promoting housing security.
Last week, VA announced it housed over 40,000 veterans experiencing
homelessness in 2022, surpassing its goal of housing 38,000 veterans.
That tremendous accomplishment can be directly attributed to the
authorities Congress put in place during the pandemic.
Rolling back those flexibilities now would mean more veterans would
go without the resources they need to survive.
If my Republican colleagues are so insistent on ending the public
health emergency prematurely, I hope they are equally insistent on
ensuring that we quickly make permanent those pandemic authorities that
veterans need.
I am proud to support Congresswoman Nikema Williams' bill, H.R. 491,
the Return Home to Housing Act, and cosponsor Congresswoman Cherfilus-
McCormick's bill, the Healthy Foundations for Homeless Veterans Act.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. PALLONE. Mr. Speaker, I yield an additional 2 minutes to the
gentleman from California.
Mr. TAKANO. These bills will ensure that there is no lapse in the
care and resources homeless veterans need when the public health
emergency designation ends, and I hope my Republican colleagues will
support them.
The Biden administration announced last night it intends to extend
the COVID-19 emergency declarations to end on May 11. Unlike my
colleagues on the other side who want to irresponsibly put an end to
the national emergency today, the additional time gives the agencies
and Congress time to ensure there is no disruption in care and services
for veterans.
My Republican colleagues have a choice to make. They can continue to
insist on pushing an agenda that politicizes the pandemic, terminate
the public health emergency designation prematurely, and wholly
disregard the disastrous impact such an action would have on veterans,
or they can put aside this shortsighted approach and use their newfound
control of Congress to actually do the job they were sent to Washington
to do: pass legislation that helps our Nation's veterans.
Mr. Speaker, I urge my colleagues to oppose H.R. 382.
Mr. GUTHRIE. Mr. Speaker, I am prepared to close, and I reserve the
balance of my time.
Mr. PALLONE. Mr. Speaker, I urge opposition to this bill. As Mr.
Takano said, so many things will immediately end needlessly from this
legislation.
Mr. Speaker, I yield back the balance of my time.
Mr. GUTHRIE. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, one of the points that my friend from California just
brought up--we have this 3-year running telehealth that is moving
forward. We all know that we can't put the genie back in the bottle. We
have to work on telehealth, but we know for a fact there have been
diversions of controlled substances through telehealth. We know that.
So why don't we take back our authority? Let's negotiate moving
forward.
Let's think about where this has gone. Three years ago today,
Secretary Azar--two administrations--declares a public health
emergency. It started doing a lot of things. One is that it allowed
emergency use authorization, so we had therapeutics and had all these
things come forward.
Also the status--not necessarily every statute under Health and Human
Services, but because you have the status of a public health emergency,
you can invoke other statutes: the Defense Production Act by President
Trump to get respirators and moving a ship outside of New York so the
people in New York and New Jersey could have an extra hospital, a
mobile hospital.
I mean, all of those things happened. When we delegate our authority,
those are the things that we move forward.
On January 20, 2021, almost a million people were being vaccinated.
President Biden came in to continue the vaccination process. Then, a
year into his administration, we, on our side of the aisle, sent a
letter to the Health and Human Services Secretary saying that this
needs to end. We can't continue to operate under emergency authority.
Let's have a plan.
Everything that they have talked about today, every speaker they have
[[Page H539]]
had: Let's have a plan to end this emergency, and let's do it in a way
that we can address the issues that need to be addressed.
We have learned a lot during the pandemic about things that worked.
Let's do things that work. Let's fix things that don't work, like the
telehealth diversion of controlled substances.
Some of those are the things--we have been a year in, since February
1 tomorrow, almost a year since then, and we haven't seen a plan. We
haven't seen anything.
There was some stuff done, I know, in the omnibus with telehealth.
That is what we are saying. We don't need to continue to operate the
country in an emergency status. We need to end it.
So why bring the bill up? They say this is irresponsible, the bill
moving forward. The bill was in Rules last night. We have had no word
from anybody in the executive branch that they are going to deal with
this.
While the bill was being considered in Rules, they come out that it
is going to end on May 11?
So this bill is needed. It is needed because it is moving us forward.
What we can do now, as the bill makes its way to the Senate--I don't
know if the Senate is going to take it up or not, but what I will
pledge to my friend from New Jersey and my friend from California, who
is the ranking Democrat on the Health Subcommittee, is that we will
work to make sure we find the areas that we need to continue the
lessons that we learned, that we need to put into place, into statute,
and to take care of things that need to be taken care of.
What we don't need to do is allow the carte blanche, 3-year open
emergency pandemic that we know has had issues, as well. I mean, we
always talk about the things we want to keep. We can talk about those
and work on them.
The things that we need to address, using telehealth to divert
controlled substances, we know that that has taken place. There are
examples of that. We absolutely need to address that.
I will pledge that we will work, on our side of the aisle, with our
friends on the other side of the aisle to find things to make sure that
we continue to address the fact that we still have COVID-19.
One thing to note is we are still going to have COVID-19, and we
don't need it coming across our borders. Because we are doing this, we
also still need to keep title 42 in place.
I look forward to working together. This is necessary. It has moved
this administration, hopefully, forward. We can say that, May 11, we
move forward on this. I am proud to be the sponsor of it, and I urge my
colleagues to support it.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 75, the previous question is ordered on
the bill.
The question is on the engrossment and third reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
Motion to Recommit
Mr. MOSKOWITZ. Mr. Speaker, I have a motion to recommit at the desk.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Mr. Moskowitz moves to recommit the bill H.R. 382 to the
Committee on Energy and Commerce.
The material previously referred to by Mr. Moskowitz is as follows:
Mr. Moskowitz moves to recommit the bill H.R. 382 to the
Committee on Energy and Commerce with instructions to report
the same back to the House forthwith, with the following
amendment:
Add at the end the following new section:
SEC. 3. EFFECTIVE DATE.
The provisions of this Act shall not take effect until the
date on which the Secretary of Health and Human Services
submits to Congress a certification that such provisions will
not result in any negative impact to any individual entitled
to benefits under part A or enrolled under part B of title
XVIII of the Social Security Act (42 U.S.C. 1395 et seq.).
The SPEAKER pro tempore. Pursuant to clause 2(b) of rule XIX, the
previous question is ordered on the motion to recommit.
The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Mr. PALLONE. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question are postponed.
____________________