[Congressional Record Volume 165, Number 119 (Tuesday, July 16, 2019)]
[Senate]
[Pages S4849-S4850]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
Amendment No. 921
Mr. PAUL. I call up my amendment No. 921.
The PRESIDING OFFICER. The clerk will report the amendment.
The bill clerk read as follows:
The Senator from Kentucky [Mr. Paul] proposes an amendment
numbered 921 to the resolution of ratification for treaty
document No. 113-4.
The amendment (No. 921) is as follows:
=========================== NOTE ===========================
On page S4849, July 16, 2019, third column, the following
appears: The PRESIDING OFFICER. The clerk will report the
amendment. The bill clerk read as follows: The Senator from
Kentucky [Mr. Paul] proposes an amendment numbered 921 to the
resolution of ratification for treaty document No. 130-4. The
amendment (No. 921) is as follows:
The online Record has been corrected to read: The PRESIDING
OFFICER. The clerk will report the amendment. The bill clerk read
as follows: The Senator from Kentucky [Mr. Paul] proposes an
amendment numbered 921 to the resolution of ratification for
treaty document No. 113-4. The amendment (No. 921) is as follows:
========================= END NOTE =========================
[[Page S4850]]
(Purpose: To provide a reservation to the Protocol)
In section 1, in the section heading, strike ``declaration
and conditions'' and insert ``declaration, conditions, and a
reservation''.
In section 1, strike ``declaration of section 2 and the
conditions in section 3'' and insert ``declaration of section
2, the conditions in section 3, and the reservation in
section 4''.
At the end, add the following:
SEC. 4. RESERVATION.
The advice and consent of the Senate under section 1 is
subject to the following reservation: In the case of the
United States, the provisions of paragraph 2 of Article XV
shall apply as if the Protocol had entered into force on
January 1, 2019.
Mr. PAUL. I ask unanimous consent that the reading of the amendment
be waived.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. PAUL. Madam President, I am offering a reservation to these
treaties that would maximize the benefit for individuals and businesses
that are impacted by these tax provisions.
My proposed reservation would establish only for the United States--
and only for our tax purposes--an effective date of January 1, 2019. By
entering into these treaties, the United States and our partners are
committing to the same set of tax rules and solving the problems of
double taxation that plague businesses that operate in several
countries.
Senate debate on the merits of these treaties has taken many years,
and there is no reason to punish American companies that paid their
foreign taxes but then were double-taxed by the IRS due to the lack of
a ratified treaty.
As I have said many times, I support the benefit of these treaties. I
wish we added privacy protections, but I do support the benefits of
avoiding double taxation.
I also support making whole those who have been double-taxed, and I
think it is the right thing to do to backdate these to the beginning of
the year. My proposed reservation would grant these companies and the
IRS the additional benefit of having a uniform tax for 2019.
To give an example of a company in my State that would benefit, North
American Stainless cannot pay dividends without being subject to double
taxation. If we were to make this retroactive, we would not punish this
company in my State. It is disappointing to me that the senior Senator
from Kentucky led the opposition to this amendment because it would
stand to greatly benefit a Kentucky company. It also would stand to
greatly benefit many companies around the country if we were simply to
make this retroactive.
We talked to the countries involved, and there is not one country
that expressed any reservation about this. It is with great
disappointment that I have to oppose the senior Senator from Kentucky,
who is opposing this amendment and rallying those in the body to
prevent this from being retroactive. This would in no way slow down the
treaties, and it is inappropriately said by some that it would. These
treaties would go through with flying colors, and the reservation would
apply only to our country.
I hope those who are thinking about how to vote on this will consider
voting to make these treaties start in January 1 of this year.
The PRESIDING OFFICER. The question is on agreeing to amendment No.
921.
Mr. CRAPO. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll.
The senior assistant bill clerk called the roll.
Mr. DURBIN. I announce that the Senator from Colorado (Mr. Bennet),
the Senator from New York (Mrs. Gillibrand), the Senator from
California (Ms. Harris), and the Senator from Vermont (Mr. Sanders) are
necessarily absent.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 4, nays 92, as follows:
[Rollcall Vote No. 208 Ex.]
YEAS--4
Cruz
Lee
Paul
Sullivan
NAYS--92
Alexander
Baldwin
Barrasso
Blackburn
Blumenthal
Blunt
Booker
Boozman
Braun
Brown
Burr
Cantwell
Capito
Cardin
Carper
Casey
Cassidy
Collins
Coons
Cornyn
Cortez Masto
Cotton
Cramer
Crapo
Daines
Duckworth
Durbin
Enzi
Ernst
Feinstein
Fischer
Gardner
Graham
Grassley
Hassan
Hawley
Heinrich
Hirono
Hoeven
Hyde-Smith
Inhofe
Isakson
Johnson
Jones
Kaine
Kennedy
King
Klobuchar
Lankford
Leahy
Manchin
Markey
McConnell
McSally
Menendez
Merkley
Moran
Murkowski
Murphy
Murray
Perdue
Peters
Portman
Reed
Risch
Roberts
Romney
Rosen
Rounds
Rubio
Sasse
Schatz
Schumer
Scott (FL)
Scott (SC)
Shaheen
Shelby
Sinema
Smith
Stabenow
Tester
Thune
Tillis
Toomey
Udall
Van Hollen
Warner
Warren
Whitehouse
Wicker
Wyden
Young
NOT VOTING--4
Bennet
Gillibrand
Harris
Sanders
The amendment (No. 921) was rejected.
The PRESIDING OFFICER. The question is on agreeing to the resolution
of ratification.
Mr. CORNYN. Madam President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll.
The senior assistant legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from Colorado (Mr. Bennet),
the Senator from New York (Mrs. Gillibrand), the Senator from
California (Ms. Harris), and the Senator from Vermont (Mr. Sanders) are
necessarily absent.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The yeas and nays resulted--yeas 94, nays 2, as follows:
[Rollcall Vote No. 209 Ex.]
YEAS--94
Alexander
Baldwin
Barrasso
Blackburn
Blumenthal
Blunt
Booker
Boozman
Braun
Brown
Burr
Cantwell
Capito
Cardin
Carper
Casey
Cassidy
Collins
Coons
Cornyn
Cortez Masto
Cotton
Cramer
Crapo
Cruz
Daines
Duckworth
Durbin
Enzi
Ernst
Feinstein
Fischer
Gardner
Graham
Grassley
Hassan
Hawley
Heinrich
Hirono
Hoeven
Hyde-Smith
Inhofe
Isakson
Johnson
Jones
Kaine
Kennedy
King
Klobuchar
Lankford
Leahy
Manchin
Markey
McConnell
McSally
Menendez
Merkley
Moran
Murkowski
Murphy
Murray
Perdue
Peters
Portman
Reed
Risch
Roberts
Romney
Rosen
Rounds
Rubio
Sasse
Schatz
Schumer
Scott (FL)
Scott (SC)
Shaheen
Shelby
Sinema
Smith
Stabenow
Sullivan
Tester
Thune
Tillis
Toomey
Udall
Van Hollen
Warner
Warren
Whitehouse
Wicker
Wyden
Young
NAYS--2
Lee
Paul
NOT VOTING--4
Bennet
Gillibrand
Harris
Sanders
The PRESIDING OFFICER. On this vote, the yeas are 94, the nays are 2.
Two-thirds of the Senators voting, having voted in the affirmative,
the resolution of ratification is agreed to.
The resolution of ratification was agreed to as follows:
____________________