♪ ♪ ♪ ♪ >> norah: tonight, one of the most important speeches of joe biden's career. as the president delivers an election year state of the union. the economy, the border, and the other topics he'll cover, as the president aims to to convince america he is fit for a second term in office. the "cbs evening news" starts now. ♪ ♪ good evening. i'm norah o'donnell, and

thank you for being with us. president biden about to leave the white house to capitol hill to deliver a critical address to the nation in front of what may be the largest tv audience he'll get this election season. it is a chance for the commander in chief to reframe the political debate about not only the state of this country, but also his stewardship of it. earlier today, i went to the white house for a conversation with the president about what he'll talk about. he is eager to engage politically with republicans. cbs's ed o'keefe is at the white house, and ed, the president tonight will use the phrase "america's comeback." >> reporter: that's right, norah, and as he engages with republicans, he plans to call out how they have lost election for supporting the repeal of roe vs. wade and promise to sign a federal law to protect abortion services if it is ever passed. the president is also planning to take at least a few jabs at his likely republican opponent, donald trump. president biden has spent the last year touting a strong economy. >> wages are up more than prices. unemployment has reached historic lows. >> reporter: put polls show

most voters aren't feeling it. inflation, though down in recent months, has soared on his watch. tonight, he'll use his state of the union to push congress to cap out-of-pocket drug costs at $2,000 a year for americans with private health insurance, and to restore the expanded child tax credit for low and middle-income families. the president also plans to touch on immigration, an area where he is vulnerable and under constant attack by former president donald trump. >> let there be no doubt, this is joe biden's invasion. >> reporter: the number of migrant crossings spiked to more than 2.4 million in the last fiscal year compared to under a million at a similar point in the trump presidency. biden's own allies have criticized his handling of the israel-hamas war with the rising death toll in gaza. thousands voted against him for that reason in recent democratic primaries. tonight, the president will announce the u.s. military is set to build a temporary port along the coast of gaza to help deliver humanitarian aid. white house officials say the president is also expected to draw a contrast to trump, especially on the subject of reproductive rights.

with ivf patients and fertility doctors expected in the audience. since the repeal of roe vs. wade, 13 more states have approved complete bans on abortion services. >> stop playing politics with women's lives and freedom. let doctors do their job. >> reporter: kate cox, who was blocked by the texas supreme court from terminating a nonviable pregnancy, is scheduled to be in the first lady's box. with the president's age a major concern for voters, his performance tonight will be closely watched. >> we can all see joe biden's weakness. >> reporter: trump's super pac released this blistering ad this morning timed to tonight's speech. and with hundreds of trump allies in the house chamber tonight, speaker mike johnson told "cbs mornings" he advised his members to be professional. >> we have been trying to turn the temperature down here. >> reporter: now, according to excerpts of the speech, the president will include a riff on his age and trump's. he will say his long public life has taught him to embrace things like freedom and democracy. some other people my age, he'll say, embrace themes like

resentment, revenge, and retribution. a way of reminding voters his opponent is also an old guy. norah? >> norah: ed o'keefe, thanks very much. our coverage of the president's state of the union address and the republican response will begin tonight at 9:00 p.m. eastern, 6:00 p.m. pacific, and we'll see you then. now to this breaking news. tense moments in the sky over california today after a tire flew off a plane just as it lifted off the ground in san francisco. the boeing 777 with 249 people on board diverted to los angeles. cbs's jonathan vigliotti shows us the terrifying video. >> reporter: just after united flight 35 took off, a camera captured the moment one of the plane's rear tires fell off. >> there is a tire going down the runway. >> reporter: no fire, no sparks, but a back left wheel crashed into a parked car that was empty at the time. >> we have to close the runway because a tire fell off. >> reporter: the boeing plane departed san francisco international airport at 11:23

this morning and was headed to osaka, japan, but was rerouted to los angeles. while boeing has been under investigation since january after an alaska airlines plane lost a plug door mid-flight, this united plane has been in service for more than 20 years. >> i know people are going to look at this and say, "oh, my goodness, this is another boeing problem." i highly suspect it has anything to do with the manufacturing or design of the airplane by boeing. >> reporter: on a separate united flight monday, a boeing 737's engine caught fire after bubble wrap was sucked into the engine during its flight to fort myers. it was diverted safely back to houston. today's flight landed safely in los angeles. and an airport employee did sustain minor injuries while responding to the debris field. tonight, the faa is investigating. they are going to look into the maintenance records for that landing gear, norah. >> norah: jonathan vigliotti, thanks so much. well, tonight, we are learning about a disturbing story of an active duty soldier with

top-secret security clearance. he is accused of selling american military secrets to china. the new indictment claims the sergeant was recruited and that some of the documents are related to u.s. weapons systems. cbs's david martin reports on a story straight out of a spy movie. >> reporter: sergeant korbein schultz, an intelligence analyst with the 101st airborne division, alleggedly told his chinese handler... >> we've got to move. >> reporter: he wished he could be jason bourne, the daredevil spy played by matt damon. but he ended up on this poster. >> the defendant is charged with entering into a multi-year conspiracy to illegally exploit his access to national defense information for his own financial benefit. >> reporter: according to the 25-page indictment, schultz received 14 payments totaling $42,000 from a chinese agent for handing over sensitive technical data and tactical information about the f-22 stealth fighter, the army's newest combat rescue

helicopter, and intercontinental ballistic missiles. schultz is also accused of selling information about the himars long-range rocket system, which the u.s. has given ukraine to fight off the russian invasion. he did it online, from fort campbell, kentucky, pretending the money was for customizing a car. >> he traded our national defense information for cash. >> reporter: when the chinese agent promised to pay extra for more highly-classified documents, schultz responded, "i hope so! i need to get my other bmw back!" schultz is the fourth serviceman in the past eight months to be arrested for compromising sensitive information. he is scheduled to make his first court appearance tomorrow. norah? >> norah: military secrets for $42,000. david martin, thank you. well, an urgent manhunt underway tonight in philadelphia after a group of teenagers were shot at a bus stop wednesday afternoon. cbs's nikki dementri reports

city officials are promising to use every resource available to find the shooters and the getaway car driver. >> reporter: this was the scene. high school students lying in pools of their own blood after a brazen daylight shooting. three gunmen opened fire on a group of teens waiting for a bus. eight students, age 15 to 17 years old, were shot. police say a 16-year-old was shot nine times and is in critical condition tonight. >> so i run down there and the kid was laying in the street, shot in his back, and i put the blood pressure on him, and i looked over, and there was four more kids. >> reporter: in a span of 20 seconds, surveillance video shows three people getting out of a car that police say was stolen, firing more than 30 rounds before returning to the car and driving off. >> there is some kind of dispute. it happens before. we don't know where. we don't know how. and it led to this violence. so we are working on that. >> reporter: this shooting came two days after three

students from a different high school were shot. one was killed. >> we are going to do everything that we can to ensure your public health and safety. >> reporter: the number of shootings is down 34% in philadelphia from this time last year. but police are asking for more public support. >> we can't do this by ourselves. like, we need the community, we need parents to get engaged and get engaged with what their young people are doing. >> reporter: officials say the teens who were wounded go here to northeast high school, just behind me. so far this school year, district officials note 60 students have been shot in the city. seven of them, they say, have died. norah? >> norah: wow. nikki dementri, thank you. tonight, there is outrage in uvalde, texas, after a new city council report cleared the uvalde police of wrongdoing after that school shooting that left 19 children and two teachers dead. just a reminder, it took police an hour and 17 minutes to confront the gunman. cbs's omar villafranca has the families' emotional reactions. >> how dare you.

>> reporter: today, anger over accountability. nearly two years since the massacre at uvalde's robb elementary, tempers flared after the latest report on the uvalde police department's response during the school shooting. >> my son's birthday is on tuesday. you know how i'm going to celebrate that? at the cemetery. i should not be doing that. >> reporter: for the first time today, the community and the city council heard the findings of a months-long independent investigation requested by the city. former police detective jesse prado led the investigation. >> all of the officers, lieutenant martinez, his actions, i found, were in good faith. >> reporter: he concluded that many officers in the school that day acted in good faith and did not violate policy in their reaction to the shooting. he said the officers didn't have the proper training that day, or the tools, like a rifle-rated shield to overtake the gunman. >> how do you go to bed at night?

>> reporter: parents were outraged, saying the officers put their safety first. >> they stood there 77 minutes and waited. after they got call after call that kids were still alive in there. >> reporter: the uvalde police internal investigation is ongoing, but none of the roughly two dozen officers that responded have been terminated. >> you fire those officers. you fire them. and you do so with your head held high because you know that that is the right thing to do. >> reporter: today, some of the members of the council expressed their outrage over that report. now, earlier this year, the doj released their own scathing report on the entire response to the massacre, finding fault with the officers' inaction and the lack of communication. norah? >> norah: all right, omar villafranca, thank you so much. tonight, two of alabama's in vitro fertilization clinics are resuming treatments after a

new law signed by republican governor kay ivey. nearly half the state's ivf treatments had paused procedures after a controversial state supreme court ruling to give embryos the same legal rights as children. cbs's janet shamlian reports some don't believe this new law goes far enough. [cheers and applause] >> reporter: a champagne toast at birmingham's alabama fertility. >> cheers to more alabama babies. [cheers and applause] >> reporter: celebrating the return of ivf. >> good news came yesterday. we are ready to proceed. >> reporter: three embryo transfers were performed here today, just hours after the new law was passed. what was it like seeing patients today? >> incredibly exciting. the patients, we were able to talk about ivf care, we were able to timeline. lots of smiles, lots of hope and optimism. >> reporter: it comes after bills were rushed through the legislature, shielding clinics from criminal liability after the state supreme court's controversial ruling that embryos are children.

>> senate bill 159, the senate concurs. >> reporter: the court's decision led to nearly half of alabama's providers pausing ivf treatments. the clinic that was the subject of the suit telling cbs news tonight it won't reopen until it has more clarification on the law. >> we are hopeful, and we are excited. >> reporter: cody carnley's embryo transfer was canceled. they have a toddler through ivf and want to grow their family. when do you think your embryo transfer will happen? >> we are hopeful that transfer will actually be able to take place at the end of march or the 1st of april. >> reporter: but reproductive rights advocates say the law is just a fast fix likely to be challenged because it doesn't directly address the court's ruling. does the alabama legislation go far enough? >> no, the alabama law does not go far enough. >> reporter: in washington, democratic senator tammy duckworth proposed legislation to protect ivf. she had both of her daughters via the procedure and wants it available for everyone. >> it does not address the issue of, is a fertilized egg a human being? an extrauterine child, in the words of the alabama supreme court, with equal or even greater rights than the person who is going to carry it?

it doesn't address that issue. >> reporter: and while the mood was celebratory here, the director of alabama fertility told me as long as that state supreme court ruling stands, there will be a shadow over their shoulder, and ivf care will be under threat. norah? >> norah: such an important story for so many. janet shamlian, thank you. congress flooded by phone calls as it gets one step closer to banning the popular social media app tiktok. what may happen? that's coming up. ♪ ♪ tok. what may happen? that's coming up. ♪ ♪ [cough] flare-ups that could permanently damage my lungs. with breztri, things changed for me. breztri gave me better breathing. starting within 5 minutes, i noticed my lung function improved. it helped improve my symptoms, and breztri was even proven to reduce flare-ups, including those that could send me to the hospital. so now i look forward to more good days. breztri won't replace a rescue inhaler

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>> norah: congress, which doesn't agree on much, took a big bipartisan step forward today towards banning tiktok in the u.s., and lawmakers are hearing about it from their constituents. here's cbs's scott macfarlane. >> reporter: tiktok is famous for its viral videos, but within months, the music could stop. the social media giant mobilized some of its estimated 170 million users to call their congressmen or congresswomen to object to new legislation that would require tiktok to find a new owner, divest itself from china-based bytedance, or be banned from app stores in the u.s. and the wave of calls hit midday today. republican congresswoman ashley hinson of iowa reposted a video of her manning the phones as she helped manage the calls. >> they are spying on you. >> reporter: a tiktok spokesman told cbs news only users over 18 years old were asked to call. >> today, if you want to use your tiktok account, you have to put in your zip code so that tiktok can tell you which representative you should call.

imagine when china wants to use it more nefariously. imagine when they want to truly engage in psychological warfare against the american people. >> reporter: but the effort might have backfired. just 48 hours after the legislation was introduced, it passed unanimously, 50-0, minutes after debate began in the powerful house energy and commerce committee. in a sign of the political disconnect, the white house supports this legislation but they have a watch party for the state of the union tonight with tiktok influencers in attendance. and the company, norah, says this bill tramples first amendment rights. >> norah: that is so interesting, scott macfarlane, thank you. there is a growing frustration in the u.s. over a shortage of adhd medications. our "health watch" report is next. ♪ ♪ adhd medications. our "health watch" report is next. face, hands, and feet calld tardive dyskinesia, or td. so his doctor prescribed austedo xr—

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jardiance can lower the risk of cardiovascular death, too. serious side effects may include ketoacidosis that may be fatal, dehydration that can lead to sudden worsening of kidney function, and genital yeast or urinary tract infections. a rare, life-threatening bacterial infection in the skin of the perineum could occur. stop jardiance and call your doctor right away if you have symptoms of this infection ketoacidosis, or an allergic reaction. you may have an increased risk for lower limb loss. call your doctor right away if you have symptoms of infection in your legs or feet. taking jardiance with a sulfonylurea or insulin may cause low blood sugar. ♪ jardiance is really swell ♪ ♪ the little pill ♪ ♪ with a big story to tell! ♪ >> norah: tonight, we are shining a light on the nationwide shortage of medications to treat adhd. these drugs can be crucial for millions who have trouble paying attention and staying focused.

in tonight's "health watch," cbs's mark strassmann has one family's story. >> okay, from right here. >> reporter: for kristin coronado, finding the adhd drugs her son dom need is like a series of long shots. mostly misses. >> i am a mother looking for my son's medication. i'm not a drug dealer. that's how they make you feel. i tried another pharmacy, and that led to, like, pharmacy to pharmacy to pharmacy. >> reporter: you are on your own. >> you are on your own. deal with it. >> reporter: 6-year-old dom takes a drug called focalin xr made by lannett. like other adhd drugs, it contains a controlled substance, tightly regulated by the drug enforcement agency, or dea. america's drugmakers claim they are manufacturing all they can, but patients and doctor offices have to keep pharmacy shopping to find it. >> as soon as they are without medication, you see a return of untreated adhd symptoms. >> reporter: and it can get dark or even dire quickly? >> they have taken action that can harm them or even take their

lives. >> so this is the spreadsheet i made. >> reporter: coronado calls all 25 local pharmacies on this list. >> hi, i am calling to see if my son's prescription is ready. >> reporter: this call, another miss. >> not ready yet. >> reporter: and dom's monthly dose is running out. what keeps you up at night? thinking about all this? >> tomorrow, i have to count the pills that i have left. you know, see what day that ends on. and then, like, start the process all over again. >> reporter: drugmakers say the dea needs to release more of the controlled substance. the dea counters that drugmakers have yet to use up their supply. lannett and the dea both had no comment to cbs news. caught in the middle, kids like dom. >> it has to be addressed. these children and these families deserve better. >> reporter: good news. kristin coronado's finally tracked down a refill. dom's all set. at least for another month. mark strassmann,

cbs news, redwood city, california. >> norah: what a story. "heart of america" is next with an american woman who is setting records on the high seas. ♪ ♪ >> announcer: this portion of the "cbs evening news" is sponsored by fresh pet. it's not dog food. it's food food. if you have chronic kidney disease you can reduce the risk of kidney failure with farxiga. because there are places you'd rather be. farxiga can cause serious side effects,

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♪ ♪ >> norah: finally, tonight's "heart of america." meet 29-year-old cole brauer from long island, new york. [cheers and applause] she just became the first american woman to sail solo nonstop around the world. early this morning, brauer arrived in spain, completing one of the most extreme and difficult sporting events on earth: the global solo challenge. less than 200 people have ever managed to finish it, but that didn't deter brauer. despite suffering bruised ribs when a massive wave slammed her boat, and severe dehydration that required an iv, she continued on. after 30,000 miles and more than four months alone on the high seas, brauer is back on dry land, where she was greeted by family, friends, hugs, and yes, some champagne. congratulations to cole brauer, tonight's "heart of america."

and that is tonight's "cbs evening news." i'm norah o'donnell. stay tuned for complete coverage and analysis of the president's state of the union address, and the republican response -- that's coming up next. ♪ ♪

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