Roger Marshall

Mr. MARSHALL

Mr. MARSHALL. I ask for the yeas and nays.

Mr. MARSHALL

Mr. MARSHALL. Mr. President, I rise today to honor and recognize Ms. Julie Scott of Sedgwick, KS. Julie is one of nine principals receiving the Terrel H. Bell Award for Outstanding School Leadership for 2022. She is the principal of R.L. Wright Elementary School and is to be honored during the National Blue Ribbon Schools Awards Ceremony on Thursday, November 3, 2022. During her 4 years as principal of R.L. Wright, Ms. Scott has made it her mission to make the school a safe learning environment for all students, where everyone feels a sense of community. Through her outstanding leadership, the school has launched several programs to help achieve these goals. To promote early learning, she created the school's full-day Cardinal Kids Pre-K Program. Ms. Scott also launched Cardinal Connect, an afterschool program for students, and Cardinal Boost, a tutoring program focusing on improving students' reading and math skills. Julie values the opinions of her students and works to incorporate them into bettering the school. To help accomplish this, she introduced the principal advisory team, which brings fourth, fifth, and sixth graders together to provide their input on school improvements. Ms. Scott also led the creation of the school's family activity building. This program encourages a strong community by bringing students from different grade levels together for monthly bonding activities. Each group is led by an R.L. Wright faculty member, providing students with a consistent adult contact throughout their time in elementary school. Julie also introduced a ``community build day'' when the school received new playground equipment. Members of the Sedgwick community came together to help with the installation of the equipment. She also strives to make the best environment possible for others at the school. Julie introduced R.L. Wright's Morning Community, where the entire school comes together to say the Pledge of Allegiance and listen to daily announcements. Julie formed collaborative teams with the introduction of Professional Learning Community times. These collaborations are designed to build team spirit and connection with the community. She launched a learning community for paraprofessionals, providing them with additional training and support in monthly meetings. Julie's passion for her students and the additions she's brought to R.L. Wright are a shining example for educators everywhere. She is more than deserving of this award. I ask my colleagues to join me in recognizing the wonderful impact Ms. Julie Scott has had on the Sedgwick community and to honor her for her dedication to serving the students of R.L. Wright Elementary School.

Mr. MARSHALL

Mr. MARSHALL. Mr. President, I rise today to honor and recognize the Kansas 4-H all-star meat judging team. The Kansas 4-H all-star team won the national championship at the 2022 4-H meat judging contest championship. The exceptional work ethic and dedication of the Kansas 4-H all-star team led to the first ever national title for a Kansas team since the contest started in 1970. To be selected for the all-star team, students must have excellent evaluation, as well as strong decision-making skills and outstanding oral communication. This team of Kansans have dedicated significant amounts of time to studying and preparing for the championship, working with their coaches and studying independently leading up to the contest. The team placed first in several categories, including retail cut judging, retail cut identification, oral reasons, and overall judging. They also placed second in pork judging and beef judging. Their efforts are a great illustration of the dedication and hard work seen across the Kansas agriculture community. A strong agricultural industry is not only important to the State of Kansas, but also to our country. That is why it is so encouraging to see young people throughout Kansas that are so committed to advancing the agricultural industry and proudly representing the next generation of Kansas farmers. I now ask my colleagues to join me in recognizing the Kansas 4-H all- star meat judging team for their exceptional work and their efforts in bringing the first meat judging national title to the great State of Kansas.

Mr. MARSHALL

Mr. MARSHALL. Mr. President, I rise today to honor and recognize Mr. John R. Cyr, the inaugural recipient of the NCRPC's Lifetime Public Service Award. The North Central Regional Planning Commission--NCRPC--was formed in 1972 following the establishment of planning and development districts through executive order of the Governor of Kansas. The NCRPC serves 12 rural counties in Kansas, with the mission of advancing rural Kansas through comprehensive planning and development services. In 1980, the U.S. Economic Development Administration designated the NCRPC as an Economic Development District--EDD--which established the commission as the regional leader in economic and community development. In 2022, the NCRPC established its Lifetime Public Service Award, to be presented to John R. Cyr on November 10, 2022. Mr. Cyr has not only been instrumental in the founding and growth of the NCRPC, but has been a leader in regional planning, economic development, and rural community revitalization. Henceforth, this award will be presented annually to distinguished north central Kansans who most exemplify the lifetime commitment to strengthening our rural communities. The establishment of this prestigious award, and the recognition of Mr. Cyr as its inaugural recipient will serve not just as an ongoing tribute to those that have given so much to better their communities but also as an inspiration to people of all ages to public service and strengthening our rural communities. I now ask my colleagues to join me in recognizing Mr. John R. Cyr for a lifetime of public service, as well as honoring his work to advance rural communities in Kansas.

Mr. MARSHALL

Mr. MARSHALL. Mr. President, I ask unanimous consent that Senator Menendez and I be permitted to complete our remarks prior to the scheduled recess.

Mr. MARSHALL. Mr. President, I rise in support of our legislation to formally designate the major Mexican drug cartels as foreign terrorist organizations under Federal law. It would also require the State Department to issue a report to Congress on additional cartels that meet the criteria for foreign terrorist organizations designation and require the Department to designate them as such within 30 days of the report. This bill would give us greater tools to push back against the cartels fueling the White House's deadly open border crisis. This past March, I was honored and proud to lead five Kansas sheriffs to the border to meet with Border Patrol officers and survey the ongoing immigration crisis at our border. With our own eyes, we saw the activities of the major Mexican drug cartels that qualify them for designation as a foreign terrorist organization, as they are transnational entities that engage in textbook terrorist activity, such as kidnapping, assassination, and endangering lives with explosives and firearms. Additionally, these cartels are responsible for the deaths of hundreds of thousands of Americans, especially young Americans in their prime. Fentanyl has quickly become the leading cause of death among adults ages 18 to 45. Last year, the number of drug overdose deaths in the United States topped 100,000, with fentanyl being the cause of more than two-thirds of them. The vast majority of fentanyl precursors, as we all know now, are manufactured in China and then chemically turned into lethal fentanyl by the cartels. Next, the cartels smuggle the poison into the United States via the southwest border. In fact, the DEA reports that an astounding 80 percent of the fentanyl in America comes into our country through the U.S.-Mexico open border. Last week, we introduced the Cooper Davis Act, a bill named after Cooper Davis, a Johnston County, KS, teen who tragically lost his life to fentanyl poisoning last summer after just taking one-half of one pill of fake Percocet that contained, unfortunately, a lethal dose of fentanyl. Sadly, Cooper Davis is not the only victim in Kansas from the actions of the Mexican cartels, as most every day, we lose a young person in Kansas due to the actions of these terrorist cartel operations. And I know every single one of my Senate colleagues have victims from their States who have been poisoned and murdered from this same illicit fentanyl. That is right. Americans are dead, hundreds being murdered every day because of this administration's open border policies and zero respect for border security. Last year, the Border Patrol seized at the southern border 11,000 pounds of fentanyl. That is over 5 tons of this poison. They seized over 5,000 pounds of heroin, nearly a ton of meth, and almost a thousand pounds of cocaine, and, finally, 10,000 pounds of ketamine. Of course, this is a fraction of how much of this poison actually crossed the border and was transported into our communities undetected, making every State a border State. Regardless, this represents many, many multiples of amounts needed to kill every man, woman, and child in the United States. Indeed, this sounds like a weapon of mass destruction. Joe Biden's open border policies are responsible for the deaths of thousands of young American men, women, and children. To anyone who knows the brutal tactics and extensive operations that cartels use on both sides of our southern border every single day, there is no question that they should be described, designated, and treated as terrorists. These are people who hang, behead, and burn people alive to threaten and control government officials in Mexico, and now with cartel members in most likely every State of the Union--yes, even in Kansas--they actively engage in these same dangerous, murderous tactics here domestically. For more than 10 years, Texas Republicans have been trying to label Mexican cartels terrorists in an effort to try and cripple their empires. This week, Texas Governor Greg Abbott made a declaration establishing a Mexican cartel division within the Texas Fusion Center at the Texas Department of Public Safety, which his office said will conduct multijurisdictional investigations with local law enforcement and other States. The unsustainable crisis at the border has impacted not only Americans but the migrants themselves, who have often traveled hundreds of miles on foot and can be exploited by these terrorist organizations. Just yesterday, the Washington Examiner reported those being brought across the border by coyotes are paying an average of $8,600 in total smuggling fees this year, mimicking what Mafias do who charge a fee-- literally a tax--to enter their territory and pass through. The Biden open border surge has enriched these terrorist organizations, and we must step up our defenses against them as they continue to wreak havoc on communities all across the country. It cannot go on any longer. Listen, designating Mexican drug cartels as foreign terrorist organizations will give our Federal Government new ways to fight back; that is, if the White House will allow them to. A foreign terrorist organization designation provides additional tools for law enforcement and national security authorities to take action, including by providing additional investigation and intelligence resources and sanction capabilities. For example, a foreign terrorist organization designation would, No. 1, make it unlawful for any person who knowingly provides ``material support or resources'' to the cartel to enter the United States. Next, it prevents any member of the designated cartel from legally entering the United States. And, finally, it would allow the Secretary of the Treasury to block all assets possessed or controlled by the cartels. The cartels are playing a massive role in the ongoing crisis at the border. By exploiting Joe Biden's open border policies, the cartels have increased their power and wealth at the expense of innocent lives that get in their way. I encourage my colleagues to support this legislation to formally designate the major Mexican drug cartels as foreign terrorist organizations under Federal law and help stem the tide of dangerous drugs and other illicit goods pouring across our open southern border. Surely, this is an effort we can all get behind, as every Senator in this body affirmed by oath that they would support and defend the Constitution upon their swearing in. This, importantly, includes providing for the common defense of our people. Personally, I will not rest until we stop this war on the youth of young Americans. Mr. President, I ask unanimous consent that the Committee on Foreign Relations be discharged from further consideration of S. 4914 and the Senate proceed to its immediate consideration. I further ask that the bill be considered read a third time and passed and that the motion to reconsider be considered made and laid upon the table.

Mr. MARSHALL. Mr. President, I certainly do respect the comments of the chairman. I would ask him a question: What would you tell the mother of Cooper Davis? What would you tell the mother of the hundreds of Americans who are going to die today from fentanyl poisoning? Whatever we are doing now is not working. This is a war. Just yesterday morning, at 1 a.m., we were given 250 pages of legislation that we were asked to vote on that evening. This is a 3- or 4-page bill. I have declared war on fentanyl. Every day in Kansas someone is dying from fentanyl. Every day in the State of New Jersey probably several people are dying from fentanyl poisoning. I would ask the chairman: Whatever we are doing, it is not working. What more can we do? What do I tell Cooper Davis's mom? What do I tell these people out there whose babies are dying? They are young adults being taken from the prime of their lives. Whatever we have done is not working. This stuff is coming over by the tons. What we have captured is a fraction of what is reaching America. That is why Kansas is no longer safe. It is not safe for any of our young adults. This is why this Halloween we are going to have to put our kids on special watches as this candied fentanyl comes across the border. I don't see how anyone who cares about our youth and young adults could object to this. I yield the floor.

Mr. MARSHALL

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

Mr. MARSHALL. Madam President, I rise today in order to ask for unanimous consent to pass S.J. Res. 63, a resolution to terminate the COVID-19 national emergency declaration. It has been more than 2\1/2\ years since the national emergency concerning the novel coronavirus disease outbreak was declared, and it has been extended now twice already by President Biden since the initial proclamation, most recently in February of this year. It is this declaration, coupled with other additional emergency powers currently invoked by the President, which this administration is using to supersize government in order to continue their reckless, inflationary spending spree and enact their radical, partisan agenda. In fact, the White House uses these emergencies to justify their inflationary, out-of-control spending, their unconstitutional vaccine and mask mandates, and to forgive student loans. This is not the first time I have come to the floor to terminate this emergency declaration. In fact, in March, I brought an identical resolution to this floor under the expedited procedures contained in the National Emergencies Act that passed this body by a vote of 48 to 47. At that time, the status of the virus in this Nation had greatly improved since the dark, early days of the pandemic. Everyone ages 12 and over was eligible for a booster shot if they wanted further inoculation. More than 550 million shots had been administered in the United States, with 215 million people being fully vaccinated. Two oral anti-virals had been made available for certain patients, and monoclonal antibody treatments were available for those at high risk of becoming seriously ill. Fast-forward to today, 6 months later, and the status of our immunity and ability to fight the virus in the United States has improved further still. More than 660 million doses have been administered, and 225 million people are fully vaccinated--nearly 70 percent of the population. If you include natural immunity, immunity gained through natural infection, the CDC stated just last month that approximately 95 percent of Americans over the age of 16 have some acquired level of immunity. Everyone ages 12 and older can receive Omicron-specific boosters, and we have a growing roster of anti-viral drugs and monoclonal antibodies that are helping vulnerable populations avoid life-threatening infections. Now, this is not the time to ignore the individuals still struggling with COVID or those who are tragically dying with the virus, but it does demonstrate that we have made major advances in our fight against COVID-19 and entered a less dire, more endemic phase. In fact, even President Biden recently acknowledged during a ``60 Minutes'' interview that the ``pandemic is over.'' Of course, the President's handlers immediately walked back this claim to argue that the pandemic is, in fact, not over. But why? Why would the Federal officials calling the shots in the executive branch not want to declare this pandemic over? Because it is the fearmongering and the robust authorities provided by the emergency declaration that allow this administration to justify infringing upon your rights and validates their continued expansion of inflationary government spending and social programs. 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 vaccine and mask mandates that continue to this day in too many instances. It was this government-imposed state of emergency that justified President Biden's and congressional Democrats' inflationary spending binge, starting with the $1.19 trillion American Rescue Plan last year and their curiously and inappropriately named Inflation Reduction Act this summer. Most recently, it was the national emergency declaration that allowed the President to extend the payment pause and cancel up to $10,000 in outstanding federally held student loan balances and $20,000 for Pell Grant recipients. This rallying cry of the far left that the President is pandering to will cost the Federal Government $420 billion--$420 billion--according to the Congressional Budget Office. The Wall Street Journal called the move ``an unprecedented act of peacetime fiscal recklessness.'' And every American knows this is inflationary. This is exactly the problem. The Biden administration is keeping Americans under the strain of the national emergency declaration as if we are not living in a time of peace, as if we are living in a time of war that requires the full force of the Federal Government--rights and fiscal responsibility be damned--in order to respond to this crisis. In order to rein in this massive expansion of government, to slow down inflation, and restore Americans' fundamental rights, we must take the important step of terminating the COVID-19 national emergency declaration. I encourage all my colleagues to join me in supporting doing so. Madam President, I ask unanimous consent that the Committee on Finance be discharged from further consideration of S.J. Res. 63 and that the Senate proceed to its immediate consideration. I further ask that the joint resolution be read a third time and passed and that the motion to reconsider be considered made and laid upon the table.

Mr. MARSHALL. I certainly appreciate the chairman's comments and his sincere commitment. We certainly share some of the same goals. Practicing medicine in rural Kansas for 25 years, we have been faced with physician shortages for decades, with nursing shortages for decades, and we both agree that is a problem. But the difference is, I don't think that the government is the solution to the problem; I think that the government has created the problem, that physicians and nurses are so tired of dealing with all the redtape, all the continuing burden that the ACA has put on us. I am so proud of the doctors and nurses. When this country called for them in an emergency, we--including myself--volunteered, rushing to the frontlines of the emergency rooms to take care of patients. Now this Congress is going to reward them with a pay cut, by the way. But this is not the solution to the doctor shortages or the nurse shortages. The solution is to respect the profession, to remove some of the redtape. Allow us to be doctors and nurses. Don't make us be tied down with issues like prior authorization, which I know your committee is seriously considering as well. We appreciate your work on that as well. Certainly, I do have people who come to my townhalls--and, like you, we have been to 100 counties in the past 2 years. We have five left to go. And what people ask me is: Why do our kids in the Head Start Programs still need to wear a mask? Do they do any good? Why are there still vaccine mandates out there? Why is this government continuing inflationary spending? It is my feeling that this emergency declaration allows the President and the White House to expand those powers to take our constitutional rights away from us. You know, again, I have encouraged people to take the vaccine and do all the right things. But I still think it is time to end the emergency. Give us our God-given constitutional rights back. I think we should support ending this declaration of emergency. I yield the floor.

Mr. MARSHALL

Mr. MARSHALL. Madam President, last week, we received what might have been the worst economic news I have ever seen in 1 day in my lifetime. In Joe Biden's America, it costs more to feed your family. In Joe Biden's America, your commute to work is more expensive. In Joe Biden's America, it is a struggle to pay the bills that power your home. In Joe Biden's America, farmers and ranchers are facing such high input costs that they are struggling to grow the food that feeds our Nation and those around the globe. In Joe Biden's America, just as kids are heading back to school, the price of school supplies has increased by over 9 percent. This President continues to preside over the worst economy that most Kansans have ever seen in their lifetime. This is all thanks to the Democrats' massive, hyperpartisan, tax-and-spending bills and, of course, their business-crushing Federal regulations. As you can see on this chart, inflation was just 1 percent in January 2021--1.4 percent. Today, it is over a staggering 8 percent, almost 6 times higher than when Joe Biden took the reins and his woke inflationary policies wrecked our economy. Look, energy, groceries, and shelter account for two-thirds of inflation, and they always lead inflation. Inflation is not going away unless this administration does an about-face on its policies, and we know that is not going to happen. Let's take a look at what Joe Biden has done. Energy--energy is up 23 percent; groceries, up 13 percent; shelter, up 6 percent. You might ask: Why? Why has shelter gone up 6 percent? Look, mortgage rates on 30-year loans have quadrupled under this President. Energy, grocery, shelter--all up across the board. All are essential to every individual's comfort and prosperity. Finally, have you looked at your retirement accounts lately? Down, if you are lucky, maybe some 17 percent off its peak values. Kansans are hurting. Main Street merchants are hurting. Americans are hurting. Instead of helping, this administration continues to pour gas on the fire with another massive spending bill. Then they had the gall to publicly celebrate last week on the south lawn of the White House-- the very day the stock market went into a spiral after the CPI came in showing the highest inflation rate in nearly 40 years. What is more, Sunday night on ``60 Minutes,'' the President said inflation was up ``just an inch, hardly at all.'' Are you kidding me? I can't imagine an administration more out of touch, more apathetic to the pain of the people who elected him than this one. An 8.3 percent increase in inflation over last year is not just an inch. This kind of minimization infuriates everyone. I have heard it at every one of my 100 townhall meetings. Let's not forget, since Joe Biden took his oath, inflation has increased over 13 percent. When you live paycheck to paycheck, 13 percent is not just an inch. Americans are much smarter than you think. Inflation is going to be Joe Biden's legacy to the American people. In our history books, the texts my grandchildren--two of whom are sitting in the Gallery today--will study, they will see a graphic like the one behind me. If anyone was hoping that the Federal Reserve would be able to slow down interest hikes, you can think again. This month's numbers made it clear to the Fed that their job is far from done, forcing them to raise interest rates by another 75 basis points. Interest is only going to keep increasing unless they reverse their policies. Look, life will continue to get more expensive under Joe Biden. Why? Because this President will not reverse his woke inflationary policies. Even now, President Biden and the Democrats want to continue to tax and spend us further into recession. Make no mistake about it. After almost a year and a half of financial anxiety and paychecks that are not going as far, Americans have had enough of the failing economic agenda of Joe Biden and this Democratic majority in Congress. November can't come soon enough. Come January, the tax-and-spend agenda will come to an immediate end. We will not allow this administration to further damage this country with their failed economic agenda. Before COVID, we had the greatest economy in generations. We accomplished this by slashing taxes and getting out of the way of industry and letting American producers produce. This is what the American people want. This is what the American people deserve. This is what will lead America back to prosperity. I yield the floor.

Mr. MARSHALL

Mr. MARSHALL. Mr. President, I rise today to celebrate the 150th birthday of the city of Hutchinson, KS. In 1871, Clinton Carter ``CC'' Hutchinson got the Atchison Topeka and Santa Fe Railroad to route through what is now Reno County and Hutchinson, KS. Upon the arrival of the railroad, Hutchinson was incorporated as a city in August 1872. At first, the city was a rail town, using the railroads to help advance the local area's ranching and farming operations. Upon the discovery of salt, Hutchinson developed into a mining town as well, quickly earning the moniker of the ``Salt City.'' Since its incorporation 150 years ago, Hutchinson has grown into an industrial hub for central Kansas. From Carey Salt and the Cosmosphere, to Dillons Grocery and the State fair, Hutchinson and its citizens play an integral role in telling the story of Kansas. Thanks to investments of both time and money by community members, Hutchinson remains a vibrant community today with a bustling Main Street, a world-class golf course, and a robust agriculture industry. On August 18, the city of Hutchinson and its residents celebrated the town's 150th birthday with a block party down Main Street. I would like to thank everyone in Hutchinson for the pride they have for their city, as well as thank everyone who helped organize the sesquicentennial celebration. I now ask my colleagues to join the residents of Hutchinson in celebrating the city's 150th birthday, as well as recognize them all for their contributions to the city's 150 years of history.

Mr. MARSHALL

Mr. MARSHALL. Mr. President, I call up my amendment No. 5389 and ask that it be reported by number.

Mr. MARSHALL. Mr. President, this is a reckless inflation bill that will increase drug prices. Yes, you can write that down. Just like the ACA has driven up healthcare costs, this bill will increase drug prices. With a limited window to recoup R&D, manufacturers will have to increase their launch prices. It will also eliminate incentives for generics to come to market and gain market share by pricing lower than the branded product. Perhaps even worse, this bill will delay, if not eliminate, new innovative drugs for life-threatening illnesses, like Alzheimer's and cancers. This is why our amendment excludes two categories of drugs from price controls: Medicare Part D's six protected classes and the FDA's breakthrough therapy designation drugs. By voting ``yes,'' you will be protecting patients with mental illness, organ transplants, Alzheimer's, cancers, and HIV. A ``no'' vote is a vote to never see a cure for Alzheimer's. Rather than a healthcare system that offers Americans breakthrough medicines, this reckless tax-and-spend bill will force Americans to settle for end-of-life care, and that is just wrong. I yield the floor.

Mr. MARSHALL. Mr. President, I ask for the yeas and nays.

Mr. MARSHALL

Mr. MARSHALL. Mr. President, I rise in objection to this bill because it is an outrageous attack on life-affirming pregnancy resource centers. As a pro-life obstetrician, I have had the pleasure and honor of delivering over 5,000 babies, and I can attest to the lifesaving, critical, and comprehensive care and resources these centers provide moms in need. These pro-life charities not only help women in poverty choose life instead of abortion, but they also help women after babies are born. They also provide clothing and diapers and housing assistance and nutrition and sometimes just putting an arm around their shoulders and helping them get to their next appointment. This legislation seeks to shut them down all around the country on the grounds that they purportedly spread disinformation about abortion. Under this bill, charities could be fined $100,000 or 50 percent of the revenues earned by the ultimate parent entity of the charity for violating the act's prohibition on disinformation related to abortion. Now, I ask you, who would determine what counts as prohibited disinformation? There is no doubt it would be bureaucrats with a pro- abortion agenda. Is this not an infringement on our First Amendment rights? This bill would turn the FTC into a national abortion disinformation board with an agenda of suppressing speech and spreading pro-abortion propaganda. Nationally, pro-life pregnancy resource centers outnumber abortion facilities three to one, and that is a good thing--that is a great thing--and in some States by as many as 11 to 1. Knowing that many women choose abortion because they feel pressured that they have no other option, the pro-life movement has placed tremendous resources into these centers, which exist to offer alternatives to abortion, usually at no cost. But right now in America, pregnancy resource centers are the ones in need of protection as zealous, pro-abortion terrorists have spent the past 2 months firebombing and vandalizing pro-life pregnancy centers all across the Nation. These criminals, these terrorists do so not in the name of abortion access but in retribution for daring to defy the ruling abortion regime and for daring to stand on the side of good in this spiritual battle. There have been more than 60 pregnancy resource centers and offices that pro-life groups have attacked and vandalized since the draft Supreme Court opinion was leaked in May. Pro-abortion domestic terrorists have claimed responsibility for these crimes. Congress should be taking up the legislation instead to affirm, grow, and protect pregnancy resource centers and praise citizens for their great work, for volunteering to help and serve their community. And Attorney General Merrick Garland should abide by his oath of office and prosecute the law. Therefore, I object.

Mr. MARSHALL. To answer my colleague, the fraud and deception is occurring in the abortion clinics. I could tell you story after story of patients crying in my office who went to Planned Parenthood for a pregnancy test and were scheduled for an abortion, coming to my office wondering, Do I have to do this abortion? That is where the fraud and deception is occurring, that these women aren't being told about the potential complications of these abortion procedures. They are not being told that these abortion pills are going to cause pain and cramping and bleeding, that they could end up in the emergency room as well. They are not told about the complications from the abortion procedures. That is where the fraud and deception is present. You talk about this as reproductive services. You are afraid to say the word ``abortion'' in these clinics. That is the fraud and deception. This isn't reproductive services. These are abortions. This is taking the life of the unborn.

Mr. MARSHALL. Mr. President, we could never support any part of this legislation. I think the deception and fraud is occurring on the part of abortion clinics. This is a threat to our First Amendment rights, and like I said in my opening remarks, this is just simply unacceptable. And that is why we continue to object.

Mr. MARSHALL. Mr. President, I think this is not the place to try to rewrite legislation. Of course, I am against all fraud. I think all fraud is bad. I am all for the truth. I am all for protecting patients' personal information, but I am also here proud to say what these great clinics do. I am not sure what you are even accusing them is even true. I have not witnessed that. The pregnancy clinics that I have seen do great work for these folks. They truly do sit down and talk with them. They give them a hand up. They do so many great things. So I don't know where this fraud and deception is coming about, except that they are talking to women and saying: Do you realize your baby has a heartbeat? Do you realize your baby can feel pain at 14 weeks? Do you realize that your baby recognizes the voice of your husband right now? So I think those are great things to share with patients; that how wonderful life is; that we are all wonderfully, beautifully made in the womb; that life begins at conception. I think that is all the truth that should be shared with them. So, no, I don't think there is anything you could do with this legislation to change it that I could support, and I continue to object. I yield the floor.

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

Mr. MARSHALL. Mr. President, before the COVID-19 pandemic, few people other than scientists and national security experts were familiar with gain-of-function research. Now, as we continue to search for the origin of this pandemic and begin to learn more about the dangerous research that has been largely kept from the public eye, it is becoming a household phrase. Before we get started on the current state of play, I would like to give a brief history of this research and how the Federal Government has poorly, perhaps even negligently, approached its oversight and funding. In late 2011, over a decade ago, the NSABB, which is the NIH's advisory board, stopped two scientists from publishing an avian influenza gain-of-function study. Why? Because they were afraid that this study would educate bioterrorists. That is right. In 2011, a decade ago, scientists had figured out how to make H5N1--a highly pathogenic avian influenza--more contagious, which would have been catastrophic for American agriculture. Dr. Fauci personally called both scientists and convinced them to volunteer to pause their experiments. In early 2012, Dr. Fauci encouraged all influenza scientists to voluntarily pause influenza gain-of-function research and told them: It is essential we respect the concern of the public domestically or globally, and not ask them to take the word of the influenza scientist. Dr. Fauci was obviously concerned about the public's perception out there. Dr. Fauci also, almost prophetically, stated that he worried about ``unregulated'' laboratories, perhaps outside of the United States, doing work ``sloppily'' and leading to an inadvertent pandemic. ``Accidental release is what the world is really worried about.'' In 2014, after several biosecurity accidents in U.S. research labs, the Obama White House implemented the gain-of-function moratorium on influenza, as well as MERS and SARS research, because of the potential risk of lab accidents and inherent gain-of-function danger. These two moratoriums clearly demonstrate that the U.S. Government and the NIH, our primary public health Agency, understood the risk associated with this research and understood the threats it posed. Despite this pause, though, certain viral gain-of-function research projects continued at the University of North Carolina, research that was later shared with a Chinese virologist named Dr. Shi, the Bat Lady. She was famous for her copious amounts of research conducted on coronaviruses that live in bats. Outside of the North Carolina studies, Dr. Fauci failed to heed his own call on U.S. scientists to pause their gain-of-function studies and offshored the paused research to China not just once and not just recently but practically continuously for over a decade. It is disturbing that one of our top public health Agencies directed this risky research to be offshored while encouraging the pause on that exact same research here in the United States. In 2012, Dr. Fauci gave a new grant to Peter Daszak's EcoHealth Alliance, a company that America will soon know the name of all across America. He gave a new grant to Peter Daszak's EcoHealth Alliance for avian influenza research in China, which was truly gain-of-function research. In 2014, Dr. Fauci gave another new grant, another gain-of-function grant, to Dr. Daszak and EcoHealth for SARS research in China. Through these grants, Peter Daszak partnered with the Wuhan Institute of Virology. In late 2017, the NIH announced a lift on the gain-of-function pause, apparently without consultation with the Senate-confirmed State Department or with national security leadership. Significantly, there was no Director of the Office of Science and Technology Policy in place, with only an Acting HHS Secretary at the helm. The NIH essentially lifted the moratorium on their own by slipping it in between administrations and self-policing. Today, we can't see the research records from Dr. Fauci's offshored projects because the Chinese Communist Party has the possession--or at least supposedly has the possession--of EcoHealth's records, and the NIH resists in sharing theirs. By all accounts, Dr. Fauci and EcoHealth's research in China led to the COVID-19 pandemic and Dr. Fauci's worst fears that a lab accident in a foreign lab would become a reality. At a very important hearing yesterday at the Capitol, hosted by Senator Paul, before the Senate Homeland Security and Governmental Affairs Subcommittee on Emerging Threats and Spending Oversight, Dr. Richard Ebright, a renowned microbiologist, declared that it was indeed possible that this research did lead to the outbreak of COVID-19. Dr. Steven Quay and Dr. Kevin Esvelt, other expert witnesses on the panel, agreed that viral gain-of-function offers no civilian use or benefit. Let me say that again. Both of these doctors agreed that viral gain-of-function offers no civilian use or benefit but that it is so risky that it can cause a pandemic that will have a worse impact than a nuclear attack. It is indeed a weapon of mass destruction. Despite warnings and past lab accidents, our public health Agencies, like the NIH, continue to fund this weapon-of-mass-destruction research, often in China nonetheless. In fact, at one point, the NIH paid for more viral gain-of-function experiments than the Department of Defense, according to hearing testimony given by Dr. Fauci on this topic in 2012. Shockingly, Congress has minimal insight into the amount of research that the NIH performs. There is no transparency in the risk evaluation process, and there is no proper oversight. Recently--and this is news--our office learned that the USAID is currently paying $125 million to the Washington State University Paul Allen School for Global Health to collect potential pandemic pathogens in high-risk areas for outbreak. Once collected, these samples are being used in dangerous gain-of-function experiments through their DEEP VZN grant. This project initially partnered with five countries in Africa, Asia, and Latin America, but it could expand to others. The university researchers are collecting, storing, and experimenting on these pathogens in foreign laboratories in each country. Even worse, these hazardous research techniques are being taught to foreign researchers while experimenting with potentially deadly pathogens in laboratories where the United States has no regulatory control or authority. No process exists to screen U.S. researchers or foreign researchers by intelligence analysts for their potential as threat actors. The United States has no ability to control who the technology or the deadly pathogens are shared with in these foreign labs and cannot enforce proper storage techniques. The USAID is putting everyone at risk right now. Our U.S. public health Agencies, like the NIH and the CDC, cannot be entrusted to oversee risky research with the current guardrails that are self- selecting and self-policing. Certainly, our U.S. Agency for International Development cannot be entrusted. Yet Federal Agencies continue to dispense funds for gain-of-function research. Dr. Fauci recently came before Congress and publicly declared that he had no intention to stop using U.S. taxpayer dollars to fund Chinese Communist Party research projects. Folks, this is a national security issue. Since January of 2020, I have been trying to sound the alarm on this virus--on this issue, on this weapon of mass destruction--but it is largely falling on deaf ears in Congress and with the current administration. Yesterday's HSGAC hearing was the first time Congress had examined this subject since the outbreak of COVID-19. Unfortunately, none of my colleagues from across the aisle bothered to show up for this hearing, clearly declaring that this was not a priority for them. Additionally, mainstream media has attempted to bury concerns about gain-of-function research and the possibility of a lab leak. This is unacceptable. We must pause this research until national security experts can help create appropriate risk metrics, guardrails, and processes for this research. It is important to note that it is estimated that this research only comprises less than 0.1 percent of all biomedical research and less than 1 percent of virology research. Dr. Richard Ebright testified that because gain-of-function research of concern can cause pandemics, this small part of the biomedical research enterprise is highly consequential and requires effective oversight. Certainly, that current oversight is not effective. This is a bipartisan national security issue. And anyone who studies this issue in depth will conclude that viral gain of function is a weapon of mass destruction. Anyone who examines this will conclude that COVID is like a nuclear hand grenade, with its pin pulled out. It has already killed a million people and can kill millions more. Every witness will conclude, like we did yesterday, that the potential is much worse than any type of benefit from this research. This COVID virus is likely a product of U.S.-funded gain-of-function research. The research has produced no benefit in 10 years and with seemingly no benefit on the horizon. This is why I brought my legislation to the floor today to place a moratorium on all Federal research projects, grants to universities and other organizations conducting gain-of-function research and risky research on potential pandemic pathogens. This is an urgent matter that must be acted on today. As if in legislative session, I ask unanimous consent that the Committee on Health, Education, Labor, and Pensions be discharged from further consideration of S. 3012, and the Senate proceed to its immediate consideration; further, that the bill be considered read a third time and passed, and that the motion to reconsider be considered made and laid upon the table.

Mr. MARSHALL. Mr. President, I want to thank my colleague for her kind comments. Certainly, the chairwoman has my commitment to continue to work with her on the PREVENT Pandemics Act as well. But if my colleagues do not agree with placing a full moratorium on gain-of-function research, I ask for unanimous consent to adopt the SAFE Risky Research Act, which stops Federal funds from being used to conduct risky research with countries that threaten our democracy and public health. We recently learned that USAID has been paying for this dangerous research in China. We know that this research is being conducted in Africa, Asia, and Latin America, but we don't yet know all the other countries where they fund this risky research. What we do know is that, despite their relationship with the State Department, this funding is being dispensed by USAID without State Department security consultations, oblivious to the proliferation potential. Federal Agencies that oversee national intelligence maintain lists of countries that may pose a risk or threat to national security. The Department of State, for example, maintains a list that includes Burma, the People's Republic of China, Iran, North Korea, Pakistan, Russia, Saudi Arabia, and others. This legislation is common sense. We shouldn't be collaborating on dangerous research with our adversaries. I think it is obvious that all members of our committee agree with us. They support this bill and this legislation. On March 15, the HELP Committee held a markup where this amendment-- the same text that is in this bill--was unanimously adopted in the bipartisan PREVENT Pandemics Act. I appreciate Chairwoman Murray working so hard collaborating with us. During the markup, she supported this, specifically stating that it threads the needle in terms of protecting biomedical research enterprise while taking steps to address some of the concerns she has heard from other committee members. Given the inherent risk, NIH's unwillingness to fully cooperate with congressional oversight, and Senate Democrats' objection to taking the needed step of placing a complete moratorium on gain-of-function research, we must at least pass this narrow approach today. As if in legislative session, I ask unanimous consent that the Senate proceed to the immediate consideration of S. 4778, which is at the desk; further, that the bill be considered read a third time and passed; and that the motion to reconsider be considered made and laid upon the table.

Mr. MARSHALL

Mr. MARSHALL. Mr. President, I ask unanimous consent the Senate proceed to the immediate consideration of S. Res. 741, which is at the desk. I further ask that the resolution be agreed to, the preamble be agreed to, and that the motions to reconsider be considered made and laid upon the table with no intervening action or debate.

Mr. MARSHALL. Mr. President, I rise to ask passage by unanimous consent, my resolution to express the sense of the Senate that the unprecedented crisis at the southern border constitutes an invasion of the United States of America and that it is the constitutional right of State Governors to repel the dangerous ongoing invasion across the southern border. I encourage my colleagues to support this resolution because the Federal Government has failed--intentionally or unintentionally--to uphold its obligations to protect the States from invasion under article 4, section 4 of the U.S. Constitution. During his campaign to become President, Joe Biden made it clear to the entire world that if he became President, America would be open-- not open for business but that our southern border would be open, wide open, for anyone and everyone to violate our Nation's immigration laws and to take advantage of America's generosity. Yes, it would be wide open for drug smugglers, convicted murderers, domestic abusers, and sex offenders, open for terror suspects. In 2019, Joe Biden called for ``all those people seeking asylum'' to immediately surge to the border. He pledged free healthcare for illegal immigrants and pledged support for sanctuary cities. One of his first actions as President was ending proposed legislation to Congress that would provide a path to citizenship for 10 to 12 million illegal aliens residing in the United States. On his first day in office, he halted construction of President Trump's border wall and halted the ``Remain in Mexico'' program. This open border--opened by Joe Biden--has resulted in an unprecedented, unrelenting massive wave of illegal aliens entering our country. Last year, Border Patrol made more than 1.7 million arrests of illegal immigrants along the southern border, which is the highest level ever recorded, and is on pace to arrest more than 2 million illegal immigrants along our border during this fiscal year. And now that Joe Biden is prepared to end the title 42 policy that enabled us to expel many of those crossing the border back into Mexico, the vast majority of those violating our country's immigration laws will be released into the interior of our Nation where Democrats will insist they remain for the rest of their lives. Last year, the number of drug overdose deaths in the United States topped 100,000--fentanyl being the cause of two-thirds of them. In fact, fentanyl is now the No. 1 cause of death of Americans, ages 18 to 45. Last year, Border Patrol seized at the southern border 11,000 pounds of fentanyl, 5,400 pounds of heroin, 191,000 pounds of meth, 97,000 pounds of cocaine, and 10,000 pounds of ketamine--many, many, many multiples of the amounts needed to kill every man, woman, and child in the United States. Now, if you speak to Border Patrol agents trying to deal with the crisis, they will tell you the Biden administration has completely forbidden them to enforce immigration law. They have been made ushers and nursemaids for illegal immigration. This invasion is wreaking havoc on communities all across our country, and it simply cannot go on any longer. It is long past time for States to protect their interests because Joe Biden has made it clear the Federal Government will not. President Biden's dereliction of duty and failure to take care that the laws be faithfully executed at our southern border has directly put the citizens of all 50 States in danger and has resulted in loss of life. Let me be crystal clear. The violent activity and smuggling of drugs, humans, guns, and other illicit goods carried out by drug cartels and transnational criminal organizations meet the definitions of ``actually invaded'' under clause 3 of section 10 of article I of the U.S. Constitution; and ``invasion'' under section 4 of article IV of the U.S. Constitution; and Governors of all 50 States possess the authority and power as commander in chief of their respective States to repel the invasion described in paragraph 2. I encourage the passage of this resolution to stand in solidarity with the Governors of these United States who must take matters in their own hands to protect their citizens against this invasion. I yield the floor.

Mr. MARSHALL

Mr. MARSHALL. Mr. President, reserving the right to object, I rise in objection to this nominee due to his support of President Biden's irrational and now proven foolish vaccine mandates for our military. Last August, the Biden administration imposed a COVID-19 vaccine mandate across the entire military. This led to the expulsion of thousands of qualified, honorable servicemembers who elected not to receive the vaccine. This DOD mandate failed to account for immunity to the virus many troops gained through natural infection, which we now know is equal to or greater than the effectiveness of the vaccine. The mandate also failed to account for the fact that these men and women are our bravest and healthiest Americans, with strong immune systems. Recently, we learned that the Army cut roughly 60,000 National Guard and Reserve members from pay and benefits for refusing to take the COVID vaccine at the beginning of July. This decision was made at a time when more than 30 percent of its recruitment slots are not fulfilled. The recruiting crisis has gotten so bad that the Army is now placing enlistees who exceed body fat standards into a dietary and exercise program in order to lose weight. This manpower shortage could result in undermanned units and potentially longer deployments as well as greater dependence on National Guardsmen to meet mission goals. These personnel shortages are clear and obvious, and they are getting worse. Yet the ideologues in charge of this administration refuse to drop the vaccine mandate for the military. There is no longer any rational basis to persist in this demand other than as a deliberate campaign to punish dissenting opinions and oppress political enemies. The Department also appears to be going out of its way to deny religious accommodations for our troops. More than 24,000 members across the branches have submitted religious accommodation requests. Almost all have been rejected. The Air Force approved fewer than 130 of the more than 9,000 religious requests submitted by airmen. It is time for this administration to do what is morally right and patriotic, what is decent and sensible and prudent for the readiness of our military, and drop this vaccine mandate. Further, the Defense Department should reinstate those servicemembers who have been expelled for this reason, return them to their previous positions, and provide backpay for time missed. But until they do so, I will continue to object to this nominee. And, therefore, I object.