May 24, 2016 CONGRESSIONAL RECORD — SENATE S3075 whistleblower protections are so im- the United States. The amendment my colleagues have already attested, portant. also requires TSA to develop a security the rule, on its face, would unneces- Our bill will help make sure that the coordination enhancement plan with sarily impose a new set of regulations system protects those who come for- domestic and foreign partners, includ- under the Employment Retirement In- ward to expose the problems facing pa- ing foreign governments and airlines, come Security Act, or ERISA, on a tients. and to conduct a comprehensive assess- greatly expanded number of people. I am proud of the bill that my col- ment of TSA’s workforce abroad. It Under current law, brokers and deal- league and I have introduced, and I also authorizes TSA to help foreign ers who provide services to retirement hope the Senate will take it up in the partners by donating security screen- plans are already heavily regulated. near future. While this is an important ing equipment to foreign last-point-of- They are not automatically considered step, it is still just the first step. I will departure airports and to assist in labor law fiduciaries, and, therefore, continue to consult with the nine evaluating foreign countries’ air cargo they are not subject to the increased li- tribes in South Dakota and with others security programs to prevent any ship- ability provided under ERISA. Instead, to see what additional steps we need to ment of nefarious materials via air these service providers are subject to take to fix the problems at the Indian cargo. These provisions are similar to regulations issued by the Securities Health Service once and for all. Our those of H.R. 4698, the SAFE GATES and Exchange Commission to protect tribes deserve better than what they Act of 2016, and, together with the investors from fraud and to ensure have been receiving, and I am not other security provisions adopted, take transparency. going to rest until all of our tribes are concrete steps to confront the real ter- Under the new DOL rule, virtually getting the quality care they deserve. rorist threat that we are facing. any broker who provides investment AVIATION SAFETY AND SECURITY I believe these provisions in the FAA advice of any kind to individuals re- Madam President, before I conclude, reauthorization bill will help make air garding their individual retirement ac- I wish to take a minute to talk about travel from foreign countries to the counts, or IRAs, will be considered a some aviation security issues that were United States safer and more secure. pension plan fiduciary, subject to high- brought into sharp relief by the recent The Senate passed this legislation in er standards and greater liability. crash of an Egyptair flight. April, and now it is time for the House As my colleagues have aptly noted, Last week, 66 people died when of Representatives to act. The House of this rule will reduce the availability of Egyptair flight 804 from Paris, France, Representatives should take up our investment advice for retirees and to Cairo, Egypt, crashed into the Medi- FAA bill without delay so that we can make the advice that is available more terranean Sea off the Egyptian coast. get a final bill with timely security expensive, which will have a dispropor- With investigators still recovering evi- and safety reforms onto the President’s tionately negative effect on low- and dence, it is too soon to come to any desk before the summer State work pe- middle-income retirees. Higher costs conclusions as to the cause of this riod. and a more burdensome system also tragic accident, but with the absence of Every day countless terrorists are mean more expenses for small busi- evidence indicating an obvious tech- plotting their next attack against the nesses trying to sponsor retirement nical failure, U.S. and Egyptian offi- United States. There are measures we plans for their employees. cials have suggested terrorism as a po- can take today that will help make A 2014 study found that, as a result of tential cause of the crash even without Americans safer at home and while these rules, many affected retirees— a credible claim of responsibility from traveling from destinations abroad. who, once again, are predominantly any group. Several of those measures are included middle class or lower-income retirees— Given the global risk environment in the FAA bill that we passed with will see their lifetime retirement sav- and previous acts of terror, investiga- over 90 votes in the U.S. Senate. ings drop by between 20 and 40 percent, tors are focusing their attention on I call again on the House of Rep- which will translate into a reduction of anyone who may have had access to resentatives to take up this bill so that between $20 billion and $32 billion in the Egyptair aircraft while it was sit- we can continue our work to keep systemwide retirement savings every ting on the ground, including baggage Americans safe. year. handlers, caterers, cleaners, and fuel- I yield the floor. DOL’s own analysis indicates that truck workers. f the rule will have a compliance cost. At the Senate Commerce Committee, That is deadweight loss to the system we have been very focused on this type RECESS of between $2.4 billion and $5.7 billion of aviation safety and security issue Mr. THUNE. Madam President, I ask over the first 10 years, virtually all of over the last year. unanimous consent that the Senate re- which will be passed onto American re- In December of 2015, the committee cess until 2:15 p.m. and that the time tirees. I think it should go without advanced legislation to address insider during the recess be charged to the pro- saying that if anyone has an interest in threats posed by airport workers and ponents’ side on H.J. Res. 88. understanding the cost of the DOL’s enhanced vetting of airline passengers. There being no objection, the Senate, regulations, it is the DOL itself. As the Senate took up the FAA Reau- at 12:32 p.m., recessed until 2:15 p.m. All of these problems—and they are thorization Act of 2016, we engaged in a and reassembled when called to order real problems—with the DOL’s fidu- constructive and open process to con- by the Presiding Officer (Mr. ciary rule are within the substance of sider amendments. Ultimately, the PORTMAN). the rule itself. I wish to take just a few Senate adopted a number of aviation f minutes, however, to talk about the security amendments, including a secu- process by which the rule came into ex- rity amendment that I cosponsored DISAPPROVING A RULE SUB- istence because it is no less problem- with Commerce Committee Ranking MITTED BY THE DEPARTMENT atic. Member NELSON, Senator AYOTTE, and OF LABOR—Continued This regulation is an attempt to re- Senator CANTWELL that would The PRESIDING OFFICER. The Sen- write ERISA-prohibited transaction strengthen security at international ator from Utah. regulations for IRAs that have been in airports with direct flights into the Mr. HATCH. Mr. President, I rise place since 1975. However, the prohib- United States. today in favor of the Congressional Re- ited transaction rules for IRAs are The amendment added a security view Act resolution regarding the De- codified in the Internal Revenue Code title to the FAA bill that included leg- partment of Labor’s new fiduciary rule. which, generally speaking, would give islation marked up in the Commerce This resolution, which provides Con- Treasury regulatory jurisdiction over Committee, as well as other initia- gress with an opportunity to express the matter. tives. Among other things, the amend- its disapproval with the administra- That was the understanding in 1975 ment requires TSA to conduct a com- tion’s regulations, is important for a when the current regulations were first prehensive risk assessment of all for- number of reasons. established. However, a 1978 Executive eign last-point-of-departure airports— On the substance, DOL’s new rule is order transferred some of the Treas- foreign airports with direct flights to extremely problematic. As a number of ury’s jurisdiction over prohibited

VerDate Sep 11 2014 23:42 May 24, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G24MY6.019 S24MYPT1 emcdonald on DSK9F6TC42PROD with SENATE S3076 CONGRESSIONAL RECORD — SENATE May 24, 2016 transaction rules—rules generally di- The PRESIDING OFFICER. The banks and brokers are already working rected at preventing self-dealing and clerk will call the roll. on implementation. The Department of conflicts of interest—to the Depart- The senior assistant legislative clerk Labor is committed to helping compa- ment of Labor. In other words, the rule proceeded to call the roll. nies figure out how to make the nec- that DOL has rewritten with this new Mr. BROWN. Mr. President, I ask essary changes and adapt to the rule. fiduciary regulation predated the De- unanimous consent that the order for Industry and some in Congress have partment’s grant of jurisdiction. the quorum call be rescinded. called for the SEC to issue its own fidu- While this might be a little arcane The PRESIDING OFFICER. Without ciary rule before the Labor Depart- and in the weeds, this distinction is im- objection, it is so ordered. ment. The Wall Street reform bill re- portant, given the reported disputes be- Mr. BROWN. Mr. President, as Sen- quired the SEC, the Securities and Ex- tween agencies on this rule. Indeed, ac- ator HATCH has mentioned, in April the change Commission, to consider its cording to a report released by the Sen- Department of Labor just issued its own rule. I urge them to move forward ate Committee on Homeland Security final conflict-of-interest, or fiduciary, as well, but there is no reason for the and Governmental Affairs, career offi- rule, putting in place a framework of Department of Labor to wait for the cials at the SEC and Treasury have ex- meaningful protections for Americans sometimes-too-slow SEC. pressed concern over DOL’s course of saving for retirement. The rule helps Congress gave retirement accounts action with regard to this rule. They families save for retirement at a time tax-favored status and significant pro- tections under ERISA. The Labor De- also offered suggestions for improve- when fewer and fewer workers have partment’s rules build on the statutory ments, most of which were disregarded traditional pensions. Today my Repub- framework under ERISA, and now the by DOL in favor of a quicker resolution lican colleagues are trying to block fiduciary rule reflects the reality of to the rulemaking process. Not surpris- this rule. the modern retirement landscape. It is ingly, this report found that political I join Ranking Member MURRAY of the HELP Committee and Ranking time to move forward to help protect appointees at the White House played this generation and future generations an outsized role in the rulemaking Member WYDEN of the Finance Com- mittee—on which the Presiding Officer of American savers. process. I urge my colleagues to vote no on and I both sit—to recommend that you Given these procedural concerns, not the resolution so the implementation to mention the substantive concerns vote no on the joint resolution. of this rule can continue to move for- It is important to remember why this with the rule itself, I think that at the ward to protect the interests of mil- very least we should revisit whether rule is necessary. Since the enactment lions of hard-working Americans who DOL should have jurisdiction in this of ERISA and the creation of 401(k) are saving for retirement. area in the first place. Put simply: plans and individual retirement ac- Mr. President, I suggest the absence IRAs, which are at the heart of these counts in the 1970s, there has been a of a quorum. regulations, are creatures of the Tax dramatic shift from traditional pension The PRESIDING OFFICER. The Code. They should, therefore, be gov- plans run by employers—that is where clerk will call the roll. erned by the agencies responsible for when you retire, there is a so-called de- The senior assistant legislative clerk overseeing the implementation of the fined benefit where you can count on a proceeded to call the roll. Tax Code and not by officials outside of certain number of dollars a month for Mrs. MURRAY. Mr. President, I ask those agencies who, far more often the rest of your life and perhaps for unanimous consent that the order for than not, have agendas that are geared your spouse—to defined contribution the quorum call be rescinded. more toward business pension plans plans that workers are left to manage The PRESIDING OFFICER. Without and not tax-deferred savings accounts themselves. objection, it is so ordered. set up at the individual level. Maximizing retirement savings and Mrs. MURRAY. Mr. President, I ask Toward that end, I have drafted legis- avoiding high fees and costs are more unanimous consent to speak as in lation that would restore Treasury’s critical than ever. But most American morning business. The PRESIDING OFFICER. Without rulemaking authority in this area in workers need advice on how to prepare objection, it is so ordered. order to ensure that the proper exper- for retirement and navigate these tise is brought to bear on these issues plans, which can be both complicated UNANIMOUS CONSENT REQUEST—H.R. 5243 Mrs. MURRAY. Mr. President, last and that future rules governing finan- and, maybe more importantly, risky. week the CDC announced it is moni- cial advice and marketing are, at the The DOL’s rule—the Labor Depart- toring nearly 300 pregnant women in very least, crafted with the broader fi- ment’s rule—makes sure brokers and the United States and territories for nancial regulatory framework in mind. advisers act ‘‘in the best interest’’ of possible Zika infections. That means As it is, we have a rule that appears their customers and minimize the po- nearly 300 families across our country to have been drafted by those who lack tential for conflicts of interest that are living through a true nightmare for expertise about the retail investment could eat away at a saver’s nest egg. expecting parents. They are waiting for This doesn’t mean that diligent bro- industry in order to achieve a goal that news about whether their newborn will kers and advisers have not been help- is, to put it kindly, at odds with the be safe and healthy. purpose of that industry and the inter- ing their customers, but the rule cre- Unfortunately, with almost 1,400 ests of the individual savers who rely ates structural protections to make cases of Zika already reported, the on it in order to obtain a secure retire- sure that is always the case. number of expecting moms and dads in ment. It is that simple: Customers come this awful position is only expected to I urge my colleagues to support the first. There is no alternative to that grow. As a mother, a grandmother, and resolution before us as it is the best basic principle. Whether you are vis- a United States Senator, I strongly be- near-term vehicle we have to putting iting your doctor or going to a lawyer, lieve it is our responsibility to act as the administration in check with re- your interests come first. quickly as possible for these families gard to this rule. For the long term, I Following the rule proposal in 2015, and the families who will unfortu- am hoping we can have a reasonable the DOL reviewed hundreds of com- nately be impacted by the Zika virus in discussion about DOL’s role in regu- ments, held days of hearings, and the weeks and months ahead. lating IRAs to begin with. Ultimately, issued a final rule with extensive Just to be clear, mosquito season has if that discussion takes place, I think changes that address a variety of con- already started in some parts of our more and more people will realize that cerns that many of us have heard. The country, and we do not have any time the Labor Department should not be major changes include extending the to waste. In fact, we should have been responsible for crafting what is essen- implementation period, simplifying able to act much sooner. President tially tax policy. disclosure requirements, and clarifying Obama’s emergency funding proposal I plan to vote yes on this resolution, the difference between education and to support the Zika response has been and I hope that all of my colleagues advice. The full list of changes is much available for everyone to see since Feb- will do the same. longer and resulted in significant im- ruary. Similar to many of my col- With that, I suggest the absence of a provement. Most of the industry recog- leagues, I was disappointed the Repub- quorum. nizes that and has said so. Thankfully, lican leader refused to even consider it

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In the administration a penny more for, support. It can move through the the meantime, our Democratic col- others said they would think about House, and it can get to the President leagues are blocking legislation, like more money to fight Zika but only in to be signed into law so our research- the Defense authorization bill. They return for partisan spending cuts, and ers, our scientists, and those in the are throwing obstacles in the way of others spent more time thinking about field can get to work. This Republican- our getting the Senate back to work in how to get political cover than actu- controlled Congress has already waited every way they possibly can, including ally trying to address this problem, but far too long to act on Zika. We should this—which, I am sorry to say, is just many of us knew how important this not wait any longer. political theater and posturing. was and we didn’t give up. Mr. President, I ask unanimous con- With that, I object. So I am very glad that after a lot of sent that when the Senate receives The PRESIDING OFFICER. Objec- pressure from women, families, Gov- from the House H.R. 5243, that all after tion is heard. ernors, and scientists, and after a lot of the enacting clause be stricken; that The Senator from Washington. pushing Republicans to get serious the Blunt-Murray substitute amend- Mrs. MURRAY. Mr. President, let me about dealing with this emergency, ment to provide $1.1 billion in funding just say this. This Zika virus is an many of our Republican colleagues in to enhance the Federal response and emergency now, and though my con- the Senate finally joined us at the preparedness with respect to the Zika stituents don’t live in Texas, we have table last week to open a path for an virus be agreed to; that there be up to people in Washington State who have important step forward. 1 hour of debate, equally divided be- traveled to infected countries, gotten I appreciate the work of Chairman tween the two leaders or their des- Zika transmitted through mosquito, BLUNT, who joined me to get this done, ignees; that upon the use or yielding have come home, and now they need to as well as all the Senators on both back of time, the bill, as amended, be have tests to determine whether they sides of the aisle who voted for it. read a third time, and the Senate vote have been infected. Those tests will not While Democrats didn’t get the full on passage of the bill, as amended, with be available until we provide this amount we had hoped for in this com- no intervening action or debate. money. The Ebola response money that promise, I am glad the Senate was able The PRESIDING OFFICER. Is there was just referred to needs to be there to pass a $1.1 billion downpayment on objection? because Ebola is not eradicated and the President’s proposal as an emer- The Senate majority whip. can come back at any minute, and we gency bill, without offsets. Mr. CORNYN. Mr. President, reserv- are doing everything we can as a na- Our agreement would accelerate the ing the right to object. tion to protect American citizens. administration’s work, and it would I wish our Democratic colleagues What we are trying to do is move the allow money to start flowing to ad- would spend as much time working bipartisan bill that has been approved dress this crisis even as we continue with us to try to solve problems as in the Senate quickly to the House. fighting for more as needed. This they do engaged in political theater Yes, it has been attached to an appro- agreement was supported by every and posturing. priations bill, but for us to sit back and Democrat and a little less than half of Mrs. MURRAY, the Senator from wait until a conference committee is the Republicans in the Senate. So the Washington, has done good work work- appointed on that and does the long ne- Senate has a strong bipartisan first ing with the chairman of the Appro- gotiations over the summer into the step ready to go. priations subcommittee, Senator fall is too late. We can deal with this Unfortunately, House Republicans BLUNT, in coming up with a piece of now. That is what I ask to do today, went in a very different direction. They legislation that funds the Zika re- and we will continue to push until we released an underfunded, partisan, and, sponse at $1.1 billion. That legislation can assure people in our States across in my opinion, mean-spirited bill that has already passed the Senate. What the country that we are doing every- would provide only $622 million—less remains to be done is the House and thing we can as a nation to help pro- than one-third of what is needed in this the Senate need to come together in a tect our citizens from the Zika virus, emergency—without any funding for conference committee—which is the particularly expectant mothers or pos- preventive health care, family plan- typical way where differences of ap- sibly expectant mothers and families. ning, or outreach even to those who are proach are reconciled—to come up with Mr. President, I yield the floor. at risk of getting Zika. They are still a responsible piece of legislation. I suggest the absence of a quorum. insisting that funding for this public In the meantime, I am glad the Presi- The PRESIDING OFFICER. The health emergency be fully offset, and dent has taken up our suggestion ini- clerk will call the roll. the administration should somehow si- tially that until this can happen, they Mr. BOOZMAN. Mr. President, I ask phon money away from their critical reprogram money—$589 million—from unanimous consent that the order for Ebola response and other essential ac- the Ebola response that had not yet the quorum call be rescinded. tivities in order to fund the Zika ef- been expended and transfer that to the The PRESIDING OFFICER. Without forts. House Republicans clearly feel Zika response. I am confident that objection, it is so ordered. this health care crisis is an appropriate money has not been spent yet and plen- Mr. BOOZMAN. Mr. President, I ask moment to somehow nickel-and-dime ty is available to deal with it while unanimous consent to speak as in and that it is a good opportunity to Congress does its business in an orderly morning business for up to 10 minutes. prioritize Heritage Action over women sort of way. The PRESIDING OFFICER. Without and families, but if you are 1 of nearly I would have to say to my friend objection, it is so ordered. 300 mothers the CDC is monitoring for from Washington, my State is going to USDA CATFISH INSPECTION RULE likely Zika infection or one of the al- be directly in the crosshairs because Mr. BOOZMAN. Mr. President, I rise most 1,400 people infected so far or one this mosquito is not native to Wash- today to address the bait-and-switch of the millions of expecting mothers ington State but it is to the warmer being pulled on the American people in nationwide, I bet you would like to parts of our country—Texas and Lou- this Congress regarding catfish inspec- know your government is doing every- isiana. Thank goodness no one so far tion. We have all been told by lobbyists thing it can now to tackle this virus. has gotten the Zika virus from a mos- for fish importers and the Socialist Re- So I am continuing to call on Senate quito. It is people who have traveled to public of Vietnam that the catfish in- Republicans to get our bipartisan Zika South America, Puerto Rico, or else- spection program is ‘‘duplicative and agreement to the House as quickly as where and come back to the United trade distorting,’’ but that simply isn’t possible. Senate Republicans have al- States, but we all agree on a bipartisan true. This rule is not duplicative, this

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The clerk will call the roll. culture. ally, the USDA and the FDA operate The senior assistant legislative clerk I hope those in the Senate who are under a memorandum of understanding proceeded to call the roll. trying to remove this important safe- to prevent duplication. For decades, Mr. ROBERTS. Madam President, I guard just 2 months into the program USDA and FDA coordinated to prevent ask unanimous consent that the order being enforced and on the tails of it duplicative inspections with regard to for the quorum call be rescinded. paying off and preventing adulterated seafood, beef, pork, and poultry. The PRESIDING OFFICER. Without catfish from entering commerce—I re- The fact is that the FDA did not ade- objection, it is so ordered. mind my colleagues that this program quately inspect catfish. The FDA in- Mr. ROBERTS. Madam President, I was authorized in the 2008 and 2014 spected less than 2 percent of catfish, rise in opposition to the resolution of farm bills. That was delayed for a and it lab tested an even smaller per- disapproval of the Department of Agri- while. Startup costs started last year. centage. It would not be a stretch to culture’s catfish inspection program on Again, those costs that are mentioned argue that we had very little inspec- several grounds. This has become a in the General Accounting Office are tion at all. In contrast, the USDA’s rather heated issue. I think there are not pertinent to what is happening today. Food Safety and Inspection Service in- some issues we need to clear up, espe- cially speaking from the privilege of I want to say one other thing. Farm spects all catfish, as they do with other bills are developed through 5 years of farmed-raised meat. being the chairman of the Senate Com- mittee on Agriculture. thoughtful discussions and also nego- This rule is not a WTO violation. tiations. When a farm bill is passed, Equivalent standards are applied to im- The amendment seeks to make changes to food safety inspection by any producer of any product, including ported and domestic fish. any animal product, expects—almost The USDA has been inspecting beef, eliminating the Department of Agri- culture’s inspection program of domes- as if it is a contract—to be able to de- pork, and poultry with this system for pend on it. If you have a burgeoning in- tic and foreign-raised catfish. This pro- decades. Is that too much to ask for? dustry of domestic catfish, you want to gram just started in March. Some of Why should American consumers be make doggone sure that it is safe and the comments about the expense of subjected to harmful contaminants that there are no imports that rep- this program have been made as if they that we can prevent? resent a health hazard, and that is ex- Contrary to what you may hear, this were on an annual basis. Most of the actly what happened in this particular program is not costly. I have heard costs that were cited in the General instance. You do not want to open up many different numbers thrown Accounting Office report did not men- farm bills willy-nilly on a specific issue around, but the bottom line is that the tion the fact that these were startup that may make a headline or may Congressional Budget Office has deter- costs. make a good TV spot—to quote the mined that this resolution would not The program was created due to con- General Accountability Office—which save the taxpayer a single penny. cerns related to food safety. The USDA has not taken into consideration that If Congress votes to disapprove the has a very strong record of requiring this is just a startup kind of situation USDA’s catfish inspection rule, the meat that is imported to the United in terms of the money. food safety of the American people will States to be processed in foreign facili- It is interesting to me that this was be significantly undermined. This is a ties that are ‘‘equivalent’’ to U.S. meat scored at zero. The Congressional health and safety issue, pure and sim- processing facilities. The Department Budget Office has scored it at zero. I ple. With only a few weeks of inspec- of Agriculture visits these facilities think I understand all of this talk tion under its belt, the USDA has al- and conducts audits to ensure that about wasting money. I don’t know ready denied entry of two shipments of their practices are in line with what we anybody in the Congress—House or imported catfish because they found require in the United States. This is Senate—who is for wasting money. One crystal violet in one shipment and mal- done to ensure that food coming into person’s wasteful spending of money is achite green in another. Both are dan- the United States is safe. That product another person’s viable investment. So gerous carcinogens. is also inspected once it arrives at U.S. we have to look pretty close. Earlier today the American Cancer ports of entry. I ask that my colleagues vote no on Society said they support keeping Simply put, what we have here is a the resolution and to maintain these farm-raised fish inspection at USDA. program that requires the same equiva- important food safety protections and Overturning the USDA’s catfish in- lency determination for foreign raised the carefully crafted 2014 farm bill. spection rule would set a bad prece- and processed catfish as we require for This is not the time to open up the dent. Congress has never used the Con- beef, chicken, lamb, pork, and all the farm bill. We will certainly begin dis- gressional Review Act to overturn a other commodities or all the other ani- cussions on that in the next year, and rule that Congress explicitly directed mal products that you could imagine. we will take up these matters in the by law. Additionally, if the rule is Just last week I was notified by the following year and go over it with a overturned, the law requiring USDA Department of Agriculture that their fine-tooth comb. catfish inspection would remain in inspections of Vietnamese catfish I yield the floor. I suggest the absence of a quorum. place. USDA simply would not have a found illegal drug residues in two ship- The PRESIDING OFFICER. The ments destined for the United States. I rule to implement the law, which clerk will call the roll. would lead to significant trade disrup- am sure that others who have spoken The legislative clerk proceeded to tion. to this issue, especially Senator BOOZ- call the roll. Catfish farming is an important in- MAN and Senator COCHRAN, have re- Mr. COCHRAN. Madam President, I dustry to Arkansas. Arkansas pro- peated this. Had this program not been ask unanimous consent that the order ducers are proud to supply a safe prod- in place, this violation would not have for the quorum call be rescinded. uct for American consumers. The bot- been caught and the product would The PRESIDING OFFICER. Without tom line is that our farmers aren’t have been allowed to enter into com- objection, it is so ordered. afraid of competition. They just want merce. Mr. COCHRAN. Madam President, I the security of knowing the domestic I am very surprised. I know this is an strongly urge the Senate to reject the industry and imports are all safe. easy issue to bring up with regard to a motion to proceed to S.J. Res. 28. This Voting to disprove this rule would GAO report for 10 years that said this resolution would overturn a catfish in- put consumers at risk. I strongly urge duplicating what the Food and Drug spection rule that is working to pro- my colleagues who share my concerns Administration does. It is, but it is no tect American consumers. Congress di- about the security of our food system longer because the Department of Agri- rected the Department of Agriculture

VerDate Sep 11 2014 23:42 May 24, 2016 Jkt 059060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G24MY6.027 S24MYPT1 emcdonald on DSK9F6TC42PROD with SENATE May 24, 2016 CONGRESSIONAL RECORD — SENATE S3079 to write this rule in both the 2008 and came so suddenly concerned about 800,000 people. As a result of that infec- 2014 farm bills. It did so based on evi- Ebola when there were only a couple of tion in Puerto Rico, we saw the first dence that the inspection regime then cases that showed up in the United case of microcephaly linked to the in place was inadequate. States? Remember how we in this body Zika virus reported in Puerto Rico. Almost all catfish consumed in the suddenly rushed in and appropriated on That was determined because of a mis- United States is raised on farms in con- an emergency basis several multiples carriage, and the fetus had all the trolled environments. The Department of billions of dollars to address the markings of microcephaly. Prior to of Agriculture, or the USDA, is the Ebola crisis? I remember how success- that, the CDC had confirmed the first most experienced and well-equipped ful that was even though Ebola is still Zika-related death in the United States agency to ensure that farm-raised meat raging in parts of western Africa. We that had also occurred in Puerto Rico. products, including catfish, are as safe are continuing to try to help out those While we here in the Senate last as possible. African nations so it will not spread week turned down $1.9 billion, which Since assuming responsibility of cat- across the world and especially to keep was the administration’s request, we fish inspection just a few week ago, the it from coming here to our shores. appropriated $1.1 billion. But guess Department of Agriculture has inter- The same thing is happening with the what they did down at the other end of cepted and impounded two large ship- Zika virus, but people are not recog- the hallway in the U.S. Capitol Build- ments of foreign catfish contaminated nizing it. That is why this Senator con- ing. They did only $622 million. And with cancer-causing chemicals banned tinues to talk about it—because we they want this to go to a conference for use in the United States. Prior to need the resources necessary to stop committee to be worked out over time? the implementation of the rule, less the spread of Zika. It is only a matter Folks, it is late May and summer is than 2 in 1,000 catfish products enter- of time before there is a local trans- upon us. These cases are going to be- ing the United States was laboratory mission in the continental United come increasingly apparent. tested. If it were not for the rule that States. What is a local transmission? Now why don’t we add Brazil into the S.J. Res. 28 seeks to nullify, this dan- Well, we know they put a fancy name mix? It is hot and humid. By the way, gerous foreign fish would be in the U.S. on it. It is called vector. What is vec- there is something happening in a few food supply today. tor? The vector is a strain of mosquito months in Brazil: People from all over Sponsors of this resolution have said called the aegypti. And, by the way, it the world are going to Brazil for the that the catfish rule is costly. This is is math. What happens across a lot of Olympics, and right now Brazil has not true. The Congressional Budget Of- the coastal United States and southern more than 100,000 cases of Zika virus fice has said that this resolution won’t United States in June? It gets hot, the this year alone. This is a very dangerous emergency, save a dime. Sponsors of this resolu- rains come, and what comes along with and we are playing around and delay- tion have said that the catfish rule is that? Swarms of mosquitoes. duplicative. This is untrue. The Food Since this particular strain, the ing. Congress has not stepped up and is and Drug Administration ceased all aegypti, is prevalent across the United failing the American people by not treating it as an emergency. It ought catfish inspections on March 1 of this States, up the west coast, the Pacific to be clear that it is up to us to protect year. The Department of Agriculture is coast, up the Atlantic seaboard—much our constituents, to stop the spread of the only agency charged with inspect- further than what you consider to be the virus, and to do everything the ad- ing catfish. Sponsors of this resolution southern States—lo and behold, this ministration has requested, including have said that the catfish rule creates strain of mosquito carries the Zika replacing the multiple hundreds of mil- an artificial trade barrier. This is un- virus, and when it sticks its sticker lions they raided out of the Ebola fund true. The Department has stated that into a human being and starts drawing to try to get a jump-start on this be- the rule is compliant with the World blood, the virus is transmitted into the cause the Congress was sitting around Trade Organization’s equivalency blood of the human being. Now you on its hands, not willing to give the have a human carrier of the Zika virus standard and would not violate its money. They borrowed from the Ebola principles. that can be transmitted through sexual fund, and we need to replenish that Adoption of this resolution would not contact. But, lo and behold, if the car- fund. That is a part of the $1.9 billion change the law. It would only call into rier is a pregnant female, then that request. question and potentially halt the abil- Zika virus—and the virus itself some- So, Madam President, I am going to ity of the U.S. Government to carry on times doesn’t manifest itself in many ask unanimous consent that we pro- important activities authorized by law ways; it might be like a mild form of ceed to a vote on this emergency. We to keep American consumers safe. the flu. But if it is a pregnant female, ought to be trying to do the right It is clear that the inspection rule is then there are some disastrous con- thing. We ought to give the President working as intended to protect U.S. sequences coming ahead. Those are the and the public health experts the re- consumers. Congress was right in twice horrible pictures we have seen—the sources they need, that they tell us mandating these inspections, and re- microcephaly. The virus gets in and at- they have to have to stop the spread of considering that decision would be a tacks the fetus and does not allow the this virus. poor use of the Senate’s time. fetus to develop, particularly with re- Madam President, I ask unanimous I hope Senators will reject the mo- gard to the structure of the head and consent that when the Senate receives tion to proceed to this resolution. the brain, and that is what causes from the House H.R. 5243, that all after I suggest the absence of a quorum. these terrible family tragedies. the enacting clause be stricken; that The PRESIDING OFFICER. The Last week we voted for $1.1 billion as the Nelson-Rubio substitute amend- clerk will call the roll. part of an appropriations bill. We ment to provide the $1.9 billion in fund- The legislative clerk proceeded to turned down Senator RUBIO’s and my ing to enhance the Federal response call the roll. proposal of $1.9 billion. and preparedness with respect to the Mr. NELSON. Madam President, I By the way, did you notice a Repub- Zika virus be agreed to; that there be ask unanimous consent that the order lican and a Democrat coming together, up to 1 hour of debate equally divided for the quorum call be rescinded. saying: This is tough in our State. In between the two leaders or their des- The PRESIDING OFFICER. Without our State there are well over 120 cases. ignees; and that upon the use or yield- objection, it is so ordered. There are also multiple pregnant ing back of time, the bill, as amended, UNANIMOUS CONSENT REQUEST—H.R. 5243 women in Florida who are infected. be read a third time and the Senate Mr. NELSON. Madam President, I Nationwide there are 1,200 Americans vote on passage of the bill, as amended, have been on this floor many times in 48 States that we know of who have with no intervening action or debate. talking about Zika. I think some peo- been infected with the virus. We know The PRESIDING OFFICER. Is there ple believe in the old adage ‘‘out of that in Puerto Rico—the Centers for objection? sight out of mind.’’ It is equally as Disease Control tells us that 25 percent The Senator from Wyoming. much, if not more, of a crisis—an inter- of that island’s population of our fellow Mr. ENZI. Madam President, reserv- national crisis—as was the Ebola crisis. American citizens is going to be in- ing the right to object, this was de- Yet do you remember how everyone be- fected. That is in Puerto Rico alone— bated extensively and considerably for

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It was deter- The PRESIDING OFFICER. The Sen- come Americans to save for retire- mined to be an emergency and was put ator from Wyoming. ment. They will simply not have any- into the bill that way. There was Sen- Mr. ENZI. Madam President, I have a one to answer their questions and pro- ator NELSON’s bill for $1.9 billion, but it fondness for the Senator from Florida, vide advice. lacked specificity on how that was to as well, and recognize that he is fur- For many years, I have heard the be spent, so the $1.1 billion was the one ther south and that they, perhaps, have goal of this regulation is to force finan- that got the vote. more mosquitoes than we do, although cial advisers to work in the best inter- I was hoping it would be the Cornyn even Alaska would have a competition est of their clients. I am completely in vote that was passed because it was off- with that. favor of financial advisers doing so. I set with health prevention money we But we did pass emergency money for have cosponsored legislation requiring already have. Those funds can be used this. We did declare it an emergency that practice in law. I have cospon- for just this kind of need. I don’t know and pass $1.1 billion. That is $1,100 mil- sored it and tried to pass it. In fact, in why there would be an objection to lion to work on this problem. my almost 20 years of working on re- using that for the Zika virus, but there Before, we had the Ebola problem. tirement policy in the U.S. Senate, I was. Even so, we resolved it. We re- That was the crisis of the year, and we have never met anyone who doesn’t solved it without offsetting it, adding allocated money to that. We allocated agree that financial advisers should act another $1.1 billion to the deficit, and more money to that than it needed. in the best interests of their cus- were able to move that project forward. That is why some of that money was tomers. The problem with this rule is, it goes So in light of that, I object. brought over as an emergency into far beyond requiring a best interest The PRESIDING OFFICER. Objec- solving the Zika problem. standard. It goes so far as to effectively tion is heard. I have been doing some research as The Senator from Florida. the Budget Chairman, and I found that prohibit the means by which low- and Mr. NELSON. Madam President, the we have about $6 billion worth of emer- middle-income Americans receive re- Senator from Wyoming knows my af- gencies every year. We ought to budget tirement advice. A massive regulatory fection for him as a friend. The Senator for what we know is consistent. Unfor- regime has been created by this rule. It from Wyoming is a great Senator from tunately, I had them look it up, and I will undoubtedly raise the costs in a $24 trillion—or to put it in numbers the State of Wyoming, and Wyoming found that we actually spend $26 billion that are easier to understand, a $24 does not have the threat as the south- in emergencies every year. That ought thousand billion industry. Sure, large ern States do in the United States as to be a part of the budget and not just companies and retirement savers with the summer comes upon us. passed on to future generations. They large assets will probably be able to The Senator has referred to the Cor- are going to have their own emer- deal with the increased costs, but what nyn amendment. The Cornyn amend- gencies that they are going to need to about the small investors, the small ment allowed for $1.1 billion, which was solve. Somehow we are going to have advisers, the people interested in re- voted down. It was paid for by raiding to get control of this. I am pleased we tirement savings, the ones who have the Affordable Care Act, and that is have a bipartisan effort going to see if modest assets—like most of the cities just not going to happen. there aren’t some solutions that can be Whenever an emergency happens, the and towns in Wyoming. This rule will built into the budget process. But that negatively impact the services and tradition of the U.S. Congress is, in is not what I came over here for to choices available to investors. I can’t fact, to provide for that emergency on begin with. imagine why limiting options, limiting a basis that you don’t have to go and Madam President, we have the right, choices, and limiting services is being rob some other piece of funding in when a government rule is finalized, if touted as a victory for anyone. order to pay for it. When a hurricane we don’t agree with it, we can get a pe- My home State of Wyoming is hurt- hits and if it hits Florida, I certainly tition. If we can get enough Senators ing. Our energy-based economy is de- hope you all are going to appropriate on a petition, we can get a guaranteed clining significantly, largely due to emergency funds. If there is an earth- 10 hours of debate and an up-or-down regulations added by the Obama ad- quake or the eruption of a volcano, vote on that rule. In America, we are ministration. Now that same adminis- fires—whatever the natural or man- trying to get people to save more for tration is issuing a regulation that will made disaster that occurs—that is retirement, to invest more—and now hurt the future savings of my constitu- what a government does. One of the this administration makes it harder to ents. functions of government is to protect do so. Wealthy Americans across America the health and welfare of the people, I rise to speak in support of H.J. Res. will not be affected by this rule. Yes, and sometimes that calls for the fund- 88, expressing congressional dis- wealthy Americans will not be af- ing of an emergency. approval of the rule submitted by the fected. They can go about receiving We don’t have a lot of children with Department of Labor with respect to their retirement advice the same way microcephaly that have been born from investment advice. How many people they always have. However, many of pregnant women here, but that is com- do you think are going to be willing to my constituents will be affected by ing. We have already seen it. Wait until seek investment advice if they have to this rule. Their retirement savings will all of the Americans, including in the sign a contract before they can even suffer. It is as simple as that. northern tier of States and the western see if that is the person they want to There are approximately 28.8 million United States, go to Rio for the Olym- work with? small businesses in America. Those pics. Wait until there is a further mi- It is called the fiduciary and conflict businesses create two out of every gration out of Puerto Rico, which is of interest rule. We are all against con- three new private sector jobs and em- causing a brain drain because of the fi- flict of interest. There aren’t even a lot ploy nearly half of America’s work- nancial condition of that island and of people who know how to spell ‘‘fidu- force. I am a former small business which we are not helping them with as ciary.’’ That is to confuse people about owner. I know well what it takes to run we continue to dither about their fi- what this is about. a small business. This rule will hurt re- nancial distress. Wait until that migra- We do have a retirement coverage tirement coverage among small busi- tion of American citizens comes more gap in America. There are tens of mil- nesses. It will create burdens, limits, and more from Puerto Rico to the con- lions of Americans who are not pre- and options for small businesses trying tinental United States and brings with pared for retirement. The regulation to offer retirement plans. In my experi- them those infected with the Zika put forward by the Obama administra- ence, that will result in one of two

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As I stated in the cases, it leads to blindness and death. business and therefore the jobs of the beginning of my remarks, we have a re- It is not unusual to have not only the employees, or not providing access to tirement coverage gap in America. I human cost involved in this birth de- retirement savings for their employees, have been working for almost 20 years fect, but the actual lifetime cost is es- which jeopardizes the lifelong income in the Senate to help close that gap. timated as high as $10 million for each of those employees. It is a no-win situ- All this new regulation will do is limit child born with microcephaly. This is a ation for small employers that are try- retirement advice for the people who huge challenge to our country with the ing to take care of their employees and need it the most. I urge my colleagues spread of the Zika virus. grow their business. to support this resolution of dis- There are also other conditions that I always say to learn from the mis- approval. have been associated with the Zika takes of others as there is not time I yield the floor. virus, including Guillain-Barre syn- enough to make them all yourself. This The PRESIDING OFFICER. The Sen- drome. That is a nervous condition, a regulation has been tried before. We ator from Maryland. nerve damage condition that can lead have precedent to look to when exam- Mr. CARDIN. Madam President, I ask to death. ining the impact this rule will have on unanimous consent to speak as in What is the answer? In this round- our economy. A very similar change morning business. table discussion, we had the public was made in the United Kingdom just a The PRESIDING OFFICER. Is there health officers from Baltimore City, few years ago, but this March the objection? Anne Arundel County, Howard Coun- United Kingdom released a study which Without objection, it is so ordered. try, and Frederick County. We had ex- confirmed that there is a very dis- ZIKA VIRUS perts dealing with mosquito control. turbing retirement advice gap for low- Mr. CARDIN. Madam President, on We had experts who were dealing with and middle-income individuals, the Monday I hosted a roundtable discus- the development of vaccines and treat- very ones I am talking about that will sion at the Johns Hopkins School of ments. We had a robust discussion as be affected here in America. Medicine in Baltimore to review, with to what can be done. I have read how this administra- experts from my community, the strat- First and foremost, there was strong tion—as well as some of my friends on egy we need to employ with regard to understanding that public awareness is the other side of the aisle—has said the Zika virus. going to be critically important to that rule is different than that issued I pointed out at the beginning of that dealing with the Zika virus. The public by the United Kingdom. Here is the roundtable discussion that the World needs to know. If you are pregnant or thing: it is not all that different. The Health Organization has labeled the intend to start a family, you need to impact will be the same, and this is Zika virus as a public health urgency know the risk factors. what has happened: Wealthy individ- of international concern. The World It would be nice if you could have a uals are getting access to retirement Health Organization has estimated test done to know whether you have advice while middle- and lower income that as many as 4 million will be af- the Zika virus, but the problem is the individuals are not. I have not under- fected in the Americas. We know the current state of development for the stood, nor will I understand, why this current numbers of reported cases in tests has produced two tests that the regulation was put forward and final- the United States. As of last week, we FDA has made available upon an emer- ized. had over 1,300 cases in the United gency basis. One looks at the person’s The Department of Labor itself ad- States and our territories. Almost all immune system that shows certain mitted on February 29 that relatively of those that we have in the United signs that person has the Zika virus. little is known about how people make States, in the Continental United As I said before, it is not clear whether planning and financial decisions before States, are travel related. you will have any symptoms, even and during retirement, but that didn’t We have 17 confirmed cases in Mary- though you may have the virus. This stop them. The Department of Labor, land. Those cases are going to go up one test looks at your immune system which is the proponent of this rule, dramatically. We know that. As the and is not 100 percent reliable by any does not know how people make finan- summer months and the warm, wet stretch of the imagination, but it at cial and planning decisions before and weather occurs, with the mosquito pop- least gives some indication. In many during retirement. Why would they go ulation occurring, we know the number cases, you have to take the test more ahead with such a disastrous regula- of people affected by the Zika virus is than once. tion? Why should such a seemingly dis- going to go up dramatically. There is another test that can be astrous regulation be put forward when This is the challenge. We know it is given that if you actually have the it is unknown how many people it will transmitted primarily through mos- virus in your system, it will show that, affect? Perhaps they should start by quito bites, through mosquitoes. For but there is a problem. The virus does finding out how average people make example, we know that in Puerto Rico, not stay long in your system, but you investment and retirement savings de- it is going to be very active. We also still have the impact of the virus. So cisions. know in the United States the mos- that could come back negative, but you The regulation we are debating today quito population could very well act as still have the effects of the Zika virus. has been lauded as one that will help a major transmitter of the Zika virus, Also, we are not sure as to how long low- and middle-income individuals but the Zika virus is also transmitted the Zika virus can be transmitted save for retirement. I refute that claim through sexual intercourse. Therefore, through sexual contact. That issue is with two main points. First, an anal- people who have the Zika virus and still being studied. So it is very pos- ysis of a very similar change to a re- who may not know they have the Zika sible that a person may have been in- tirement system has proven that the virus—because many individuals who fected by the Zika virus, does not real- opposite has occurred. Second, the au- are infected don’t know they have the ize they have been infected, and several thors of this regulation know little or virus—this could become a major prob- months later, through sexual inter- nothing about how many people this lem in the United States. course, transmits the Zika virus to his will impact or even in what ways. Peo- What is at stake? We do know the or her partner. ple who give investment advice give it Zika virus is directly linked to the So these are all areas we want the just fine right now, but they can see birth defect microcephaly. That is a public to know more about, and we are what is coming. That is why they have tragic circumstance affecting fetuses developing more and more scientific in- been to my office and visited with me that could present a lifetime challenge formation on tests that can help us about what they are going to have to for the child who is born with identify those who have the Zika virus, do with the people who come to them microcephaly. We know it from the and hopefully we will develop some

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So we tant this summer. by our local health departments to need to make certain we fund our local Lastly, we want to develop a vaccine. reach out and deal with the vulnerable health departments. We certainly can’t I must tell you that I was very encour- populations, to make sure they under- cut the funds being made available. aged by the individuals involved in ac- stand the risk factors and do what they We are also proud of the work done tual vaccine development who were at can to prevent the risk factors. at NIH and the Centers for Disease the roundtable discussion I had—I was I must also tell you that I was talk- Control. We have to make sure they encouraged about the fact that later ing to our representative from Mary- have the funds they need so they can this summer they will start clinical land at the Department of Agriculture, develop the ways we can test to make trials on vaccines that they hope will which does mosquito control. Several sure we know who has the Zika virus produce a way to immunize a popu- people talked to me about mosquito and hopefully develop protocols for lation from being subject to the Zika control. One of the things you want to people who have the virus and develop virus. do is have a comprehensive plan to a vaccine as quickly as possible that is That is very exciting, but before we eradicate mosquitoes during the sea- efficient and can be widely used to pre- get too excited, I was sobered by the son. That is very effective. The prob- vent the Zika virus from moving for- discussion in which I was told that the lem is that these budgets are capped. ward. first rounds of these vaccines are going They do not have the resources to do All that is possible. I left the discus- to be rather difficult, that you may what they need to do. And they were sion in Baltimore with hope. There is a have to take it several times, that it telling me that we were better pre- way of dealing with it, but we have to may be of a very short duration, and pared a couple of years ago than we are express the urgency this crisis de- that it will take more time before we today in dealing with mosquito con- mands. And, yes, we need to be an can develop the types of vaccines that trol. So we need to coordinate that ef- international leader. Part of this is are efficient and where it will be per- fort and do a better job on mosquito U.S. leadership globally. This is not haps once in a lifetime that you would control. We can’t take money away the last crisis we are going to have. need to take them to protect you from from these programs. U.S. leadership helped avoid a worse the Zika virus indefinitely. Mr. President, they made this point international crisis than we saw with And this is also the challenge: The very clearly: The crisis is now. It is Ebola. As a result, we have now devel- experts who were there on Monday said here. It is here in America today, and oped health capacities in many coun- this is not just a one-time-only situa- it is going to get worse every month. tries around the world to deal with the tion; we can expect that the Zika virus We know that. We need to act now on next pandemic. We know there will be will be with us in the future. the funding in an emergency supple- another episode in the future. We need So let me give you some of the mental appropriations bill that can get to prepare today for this. takeaways from this discussion that to the President’s desk today, not in an There is no more fundamental re- took place at Johns Hopkins Hospital, appropriations bill that has to go and Dr. Wen, who is the health com- sponsibility of the government than to through the process, and that usually keep our people safe. We have the op- missioner for Baltimore City, made takes until the fall before we can make this point when we were talking about portunity to respond in the right way those funds available. to the Zika virus, but it requires Con- the money. I went through the $1.9 bil- I want to just go over a point that gress to provide the tools so that the lion the administration has requested. was made to me by one of the individ- experts in this area can do their work I went through the different agencies, uals who was at this roundtable and and develop the medical protocols that both domestic and international, that who is an expert on cost issues. He was deal with this, get the information out would benefit from that $1.9 billion. I explaining the mathematics to me. Dr. to the public so they can protect them- then compared it to the $1.1 billion Bruce Lee, a Johns Hopkins University selves in the best way possible using which has been acted on by the Senate associate professor of international pesticides, using insect repellants, and showed the differences. health, modeled the cost issues. He using common sense, and not traveling For example, if my math is correct, used the most conservative estimates to areas that are high-risk areas, par- NIH would receive $77 million less and said that our delay in dealing with ticularly if they are pregnant or in- under the $1.1 billion than the $1.9 bil- the Zika virus will add an additional $2 tending to start a family. They can lion. We had people from NIH at that billion in cost. As I said, for every child take the right precautions, and we can roundtable talking about the research born with a birth defect, we estimate develop a vaccine that will protect peo- being done right now to develop medi- the cost to be about $10 million. If we ple not only in this country but glob- cines and treatments that we hope will can avoid 100 of these children born ally from this health care crisis. I am minimize the risk of a birth defect for with a birth defect, that is $1 billion. convinced we can get it done. Let’s those who have been affected. No, we The first issue, of course, is the human start today by passing the funding nec- don’t know how to cure it. We don’t cost of the Zika virus and the impact it essary so our agencies can do the work. have a treatment that can cure the has on families and on those who are Zika virus, but we are hopeful that we directly affected. With that, Mr. President, I yield the will be able to develop the medical pro- This, as Dr. Lee said, is an invest- floor. tocols to minimize for those who are ment. The money we are making avail- The PRESIDING OFFICER. The Sen- infected the risk of having a child with able is an investment. What do we need ator from Nebraska. a birth defect or developing the neuro- to do? We need to make sure money is Mrs. FISCHER. Mr. President, I rise logical damage. We certainly don’t available for mosquito control. That is today to discuss the Department of La- want to slow that down, and so what I one way we can stop the spread of the bor’s fiduciary rule. take away from that discussion is that Zika virus. We have to make sure Over the past year Nebraska’s small we want to make sure they have all the money is available for our local health business owners, retirees, insurance tools they need in order to deal with departments because they are reaching and financial professionals, and indi- this crisis. out to pregnant women. viduals in a wide range of other indus- Dr. Wen pointed out that if you take Dr. Wen made a very important point tries have expressed their concerns re- a look at some of the action in the to me: In many cases, we are dealing garding this fiduciary rule. Unfortu- House of Representatives where they with low-income families. They do not nately, the negative feedback I hear are taking additional monies away have air-conditioners. In some cases, has only grown since the final version from the funds that go to our local they do not even have screens. And of this rule was published last month.

VerDate Sep 11 2014 02:00 May 25, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G24MY6.034 S24MYPT1 emcdonald on DSK9F6TC42PROD with SENATE May 24, 2016 CONGRESSIONAL RECORD — SENATE S3083 This dense and complicated rule ZIKA VIRUS I am proud of the work done here in would change the definition of a fidu- Mr. RUBIO. Mr. President, a poll last the Senate to pass a funding measure. ciary and what constitutes investment month found that 4 in 10 Americans It may not have been as much as we advice. In short, the rule could make it had heard little or nothing about the may ultimately need, but at least at more difficult for many individuals to Zika virus, and many others were un- $1.1 billion, a significant amount of open and to maintain IRAs. It could aware that it was a risk to the United money is going to go toward fighting also lead to fewer companies offering States. The likely reason for this is this threat. 401(k) plans for their employees. that the virus isn’t yet being trans- To date, in the House, the story is If the rule is implemented, lower in- mitted locally here in the United different. Last week, the House passed come savers may face a disadvantage States. a $622 million package. This is about a compared to wealthier consumers with But for all of us in Congress, this is third of what was originally requested. higher account balances. It is often not an excuse for inaction. Our job is The funds were secured by redirecting convenient for regulators in Wash- to anticipate threats, not just to re- money approved to respond to the ington to claim they are protecting the spond to them. We have all the infor- Ebola outbreak in 2014. I want to be middle class, but that is the very seg- mation we need to know that the Zika wrong about this, but I fear that $622 ment which stands to lose the most virus is bad and is potentially about to million is simply not going to be from this new rule. Wealthier con- get worse. enough to deal with this problem if it sumers and larger businesses often In fact, I believe it won’t be long be- heads in the direction that the doctors have the resources to comply with fore virtually all of our people have and the experts are telling us it is costly regulations, but small busi- heard of this virus, are concerned headed. nesses are already struggling to stay about it, and want to know why their So I come here on the floor of the afloat. This rule could further hamper leaders aren’t doing more to fight it. Senate today to urge our colleagues in their operations by pricing them out of They want to know what we are doing the House and its leadership to realize the market. now. Sadly, the answer is not enough. that this threat is knocking on our Because of these and other concerns, Even though the problem has been door and the opportunity to get out I joined my colleagues to cosponsor the steadily getting worse, Congress has ahead of this problem is quickly slip- Senate version of the joint resolution refused to treat it with the urgency I ping away. Within a month, we are of disapproval of this rule. An identical believe it deserves. likely to have a very different situa- resolution passed the House on April 28 There was a time when Zika was con- tion on our hands with regards to Zika. by a wide margin, and later today the sidered a foreign virus, but that is no Not only have we delayed action for far Senate will vote to pass the House res- longer the case. As of today, there are too long already, but we are not ex- olution and send it to President now 544 cases in the mainland United pecting any action this week before Obama’s desk. States, with more being confirmed al- Congress goes into recess next week. In Congress has already offered respon- most daily. All of those so far are trav- other words, it is likely Congress will sible solutions to the problems this el related, but there are also 832 cases let at least—at least—another 2 weeks rule is trying to address. For example, locally transmitted in American terri- go by on this issue without any action. So I urge the American people to I am a cosponsor of legislation intro- tories, mostly in Puerto Rico. If the make next week a tough one on those duced by Senator MARK KIRK, the problem is there, it won’t be long be- who are home from Congress who have Strengthening Access to Valuable Edu- fore it is here on the mainland. refused to take meaningful action to cation and Retirement Support—or Just this week, the National Insti- confront Zika because they need to SAVERS—Act, as well as legislation tute of Allergy and Infectious Diseases, which is the government’s top author- hear from you. introduced by Senator ISAKSON, the Af- To any Members of Congress who fordable Retirement Advice Protection ity on these issues, warned that mos- quitoes carrying Zika will begin infect- don’t receive pressure at home next Act. Both of these bills would protect week, you should know that you soon Americans who are saving for retire- ing Americans in the next ‘‘month or so.’’ Once those mosquitoes are here, enough will. While only a portion of ment without forcing them into the our constituents are currently con- fixed-fee arrangements the fiduciary they are going to reproduce. As soon as we have one case of Zika transmitted cerned about Zika, that will change the rule would, in many circumstances, moment the first case locally trans- mandate. These arrangements could locally by a mosquito, there will be others that will follow shortly there- mitted by a mosquito is confirmed in create new roadblocks, making it hard- the mainland United States. Then we er—it will make it harder for con- after. Just a few days ago, the Centers for are going to have to answer to those sumers to receive financial advice. who want to know why we didn’t act, Nebraskans depend on this financial Disease Control announced that 157 pregnant women in the United States and, quite frankly, we are not going to guidance to plan their futures and also have a satisfying answer. Waiting to to provide for their families. Wash- and another 122 in U.S. territories have shown signs of infection from the Zika act until we have a panic on our hands ington bureaucrats should not be dic- is not leadership. tating whom you can hire and what in- virus. This should be another wake-up call for the Congress. Knowing that So I encourage the House to act on vestments you can make. It is time to the scale the American people need it draw the line and to stop this injection there are at least 279 pregnant women in the United States with likely Zika to act, and I urge Congress to send a of government into the free market. bill to the President as soon as possible I am proud to fight on behalf of Ne- virus infections means we also poten- tially have at least 279 unborn children regarding this matter. I hope we will braskans and their families for their properly fund this fight so we can win freedom to make the best financial de- at risk of microcephaly, and we should be doing all we can to save these it. cisions for their own future, and I urge Mr. President, I yield the floor. my colleagues to vote with me in sup- human beings. I suggest the absence of a quorum. port of this resolution of disapproval. So we have a limited amount of time The PRESIDING OFFICER. The Mr. President, I yield the floor. to brace ourselves and get a headstart clerk will call the roll. I suggest the absence of a quorum. on confronting this threat. Keep in The bill clerk proceeded to call the The PRESIDING OFFICER. The mind that there is not yet a vaccine for roll. clerk will call the roll. Zika. There is no cure for the condi- Mr. MCCONNELL. Mr. President, I The bill clerk proceeded to call the tions and for the birth defects it ask unanimous consent that the order roll. causes. So for all of us as Americans for the quorum call be rescinded. Mr. RUBIO. Mr. President, I ask but especially for all of us as elected The PRESIDING OFFICER. Without unanimous consent that the order for leaders, it is long past due to take this objection, it is so ordered. the quorum call be rescinded. virus seriously, because the virus is not Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER (Mr. just serious; this virus is deadly seri- ask unanimous consent that at 4:45 LANKFORD). Without objection, it is so ous, and so far the Congress is failing p.m., all time be expired on H.J. Res. ordered. this test. 88.

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The result was announced—yeas 56, The result was announced—yeas 57, I suggest the absence of a quorum. nays 41, as follows: nays 40, as follows: The PRESIDING OFFICER. The [Rollcall Vote No. 84 Leg.] [Rollcall Vote No. 85 Leg.] clerk will call the roll. YEAS—56 YEAS—57 The senior assistant legislative clerk Alexander Fischer Paul Alexander Flake Menendez proceeded to call the roll. Ayotte Flake Perdue Ayotte Franken Murray Mrs. MURRAY. Madam President, I Barrasso Gardner Portman Baldwin Gardner Nelson ask unanimous consent that the order Blunt Graham Risch Bennet Grassley Peters Boozman Grassley Roberts Blumenthal Hatch Reed for the quorum call be rescinded. Burr Hatch Rounds Booker Heinrich Reid Burr Heller The PRESIDING OFFICER (Ms. Capito Heitkamp Rubio Risch Cantwell Hirono Rubio AYOTTE). Without objection, it is so or- Cassidy Heller Sasse Coats Hoeven Cardin Isakson Sasse Scott dered. Cochran Inhofe Casey Johnson Schumer Sessions Mrs. MURRAY. Madam President, Collins Isakson Coats Kaine Shaheen Shelby today Americans have enough to worry Corker Johnson Coons King Sullivan Sullivan about. Questioning the advice they get Cornyn Kirk Corker Kirk Tillis Cotton Lankford Tester Cornyn Klobuchar Toomey for their retirement savings accounts Crapo Lee Thune Crapo Lankford Udall should not have to be one of them. Daines McCain Tillis Daines Lee Warner We finally have a new protection on Donnelly McConnell Toomey Enzi Markey Warren the books that would help protect sen- Enzi Moran Vitter Ernst McCain Whitehouse Ernst Murkowski Wicker Feinstein McCaskill Wyden iors’ retirement savings from biased re- tirement advice. It is called the fidu- NAYS—41 NAYS—40 ciary rule, and it is pretty simple. It Baldwin Heinrich Nelson Barrasso Graham Portman says if financial advisers are giving Bennet Hirono Peters Blunt Heitkamp Roberts Blumenthal Kaine Reed Boozman Hoeven Rounds people advice on their retirement ac- Booker King Reid Boxer Inhofe Schatz counts, they should put their clients’ Boxer Klobuchar Schatz Brown Leahy Scott best interests ahead of their own. But Brown Leahy Schumer Capito Manchin Sessions Cassidy McConnell Cantwell Manchin Shaheen Shelby with the resolution that is before us, Cochran Merkley Cardin Markey Stabenow Stabenow Republicans want to prevent that rule Casey McCaskill Collins Mikulski Udall Tester Coons Menendez Cotton Moran from ever helping people to save up for Warner Thune Durbin Merkley Donnelly Murkowski Warren Vitter retirement. Instead, they are dead set Feinstein Mikulski Durbin Murphy Wicker on saving the status quo that has al- Franken Murphy Whitehouse Fischer Paul lowed financial advisers to line their Gillibrand Murray Wyden Gillibrand Perdue own pockets at the expense of people NOT VOTING—3 NOT VOTING—3 trying to save for their retirement. Carper Cruz Sanders Carper Cruz Sanders After a lifetime of hard work, all sen- The joint resolution (H.J. Res. 88) The motion was agreed to. iors should have the chance to live out was passed. f their golden years on firm financial The PRESIDING OFFICER. The Sen- PROVIDING FOR CONGRESSIONAL footing and with peace of mind. ator from Arizona. Once again, I urge my colleagues to DISAPPROVAL OF A RULE SUB- vote no. f MITTED BY THE SECRETARY OF I yield the floor. PROVIDING FOR CONGRESSIONAL AGRICULTURE I suggest the absence of a quorum. DISAPPROVAL OF A RULE SUB- The PRESIDING OFFICER. The The PRESIDING OFFICER. The MITTED BY THE SECRETARY OF clerk will report the joint resolution. clerk will call the roll. AGRICULTURE—MOTION TO PRO- The senior assistant legislative clerk The senior assistant legislative clerk CEED read as follows: proceeded to call the roll. Mr. MCCAIN. Madam President, I A joint resolution (S.J. Res. 28) providing Mr. RUBIO. Madam President, I ask move to proceed to S.J. Res. 28. for congressional disapproval under chapter 8 unanimous consent that the order for The PRESIDING OFFICER. The of title 5, United States Code, of the rule the quorum call be rescinded. clerk will report the motion. submitted by the Secretary of Agriculture The PRESIDING OFFICER. Without The senior assistant legislative clerk relating to inspection of fish of the order Siluriformes. objection, it is so ordered. read as follows: Under the previous order, all time The PRESIDING OFFICER (Mr. Motion to proceed to Calendar No. 479, S.J. has expired on H.J. Res. 88. Res. 28, providing for congressional dis- GARDNER). Pursuant to the provisions The joint resolution was ordered to a approval under chapter 8 of title 5, United of the Congressional Review Act, 5 USC third reading and was read the third States Code, of the rule submitted by the 801, and following, there will be up to time. Secretary of Agriculture relating to inspec- 10 hours of debate, equally divided be- The PRESIDING OFFICER. The joint tion of fish of the order Siluriformes. tween those favoring and opposing the resolution having been read the third The PRESIDING OFFICER. The resolution. time, the question is, Shall the joint question is on agreeing to the motion The Senator from Arizona. resolution pass? to proceed. Mr. MCCAIN. Mr. President, I thank Mr. RUBIO. Madam President, I ask Mr. MCCAIN. Madam President, I ask my colleagues for their vote to move to for the yeas and nays. for the yeas and nays. this resolution. I think we can count The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. Is there a this, frankly, as a victory for the sufficient second? sufficient second? American taxpayer rather than certain There appears to be a sufficient sec- There appears to be a sufficient sec- special interests. ond. ond. I would like to begin by making clear The clerk will call the roll. The clerk will call the roll. in the RECORD the groups that are sup- The senior assistant legislative clerk The senior assistant legislative clerk porting this resolution: the National called the roll. called the roll. Retail Federation, the Food Marketing Mr. CORNYN. The following Senator Mr. CORNYN. The following Senator Institute, Taxpayers for Protection Al- is necessarily absent: the Senator from is necessarily absent: the Senator from liance, National Taxpayers Union, Tax- Texas (Mr. CRUZ). Texas (Mr. CRUZ). payers for Common Sense, the Heritage

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