[Congressional Record (Bound Edition), Volume 161 (2015), Part 4]
[Senate]
[Pages 4639-4641]
[From the U.S. Government Publishing Office, www.gpo.gov]





                           Amendment No. 919

  The PRESIDING OFFICER. There is now 2 minutes of debate prior to a 
vote on the Reed amendment No. 919.
  The Senator from Rhode Island.
  Mr. REED. Mr. President, this amendment is based on legislation 
Senator Blumenthal and I introduced last Congress to close a major 
loophole in the current corporate tax law by putting an end to 
unlimited tax write-offs for performance-based executive pay. In 1993, 
Congress limited the deductibility of executive pay to $1 million, with 
an exception for performance-based compensation. But over the last two 
decades, corporations have made the exception the rule, and we have 
seen more pay designated as performance based even in some cases where 
the company is not doing very well for the shareholders.
  It has been estimated that between 2007 and 2010, $121.5 billion in 
executive pay was deductible, and roughly 55 percent of that was for 
performance-based compensation. Businesses and shareholders should 
establish the pay of their officers and employees, but the taxpayers 
should not be subsidizing excessive pay at corporations. I urge a 
``yes'' vote. It will save more than $50 billion over 10 years.
  The PRESIDING OFFICER. The Senator from Wyoming.
  Mr. ENZI. Mr. President, again I ask my colleagues to vote ``no.'' 
Tax reform must be handled by the tax committee. Putting it in the 
budget does not help move the process forward. There are a number of 
questions the committee needs to address: What does it mean, corporate 
compensation in excess of $1 million? Does that include or exclude 
health care? Does this include baseball players and actors and 
actresses as well? What are we talking about with limiting 
compensation? Can you limit compensation for people by a Federal law? 
If they have earned more than that, what about people who are operating 
under contract?
  I urge my colleagues to vote ``no'' on this amendment. It will be 
handled in the tax committee when we consider tax reform.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  Mr. REED. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from California (Mrs. 
Feinstein) and the Senator from Maryland (Ms. Mikulski) are necessarily 
absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 44, nays 54, as follows:

                      [Rollcall Vote No. 127 Leg.]

                                YEAS--44

     Baldwin
     Bennet
     Blumenthal
     Booker
     Boxer
     Brown
     Cantwell
     Cardin
     Carper
     Casey
     Coons
     Donnelly
     Durbin
     Franken
     Gillibrand
     Heinrich
     Heitkamp
     Hirono
     Kaine
     King
     Klobuchar
     Leahy
     Manchin
     Markey
     McCaskill
     Menendez
     Merkley
     Murphy
     Murray
     Nelson
     Peters
     Reed
     Reid
     Sanders
     Schatz
     Schumer
     Shaheen
     Stabenow
     Tester
     Udall
     Warner
     Warren
     Whitehouse
     Wyden

                                NAYS--54

     Alexander
     Ayotte
     Barrasso
     Blunt
     Boozman
     Burr
     Capito
     Cassidy
     Coats
     Cochran
     Collins
     Corker
     Cornyn
     Cotton
     Crapo
     Cruz
     Daines
     Enzi
     Ernst
     Fischer
     Flake

[[Page 4640]]


     Gardner
     Graham
     Grassley
     Hatch
     Heller
     Hoeven
     Inhofe
     Isakson
     Johnson
     Kirk
     Lankford
     Lee
     McCain
     McConnell
     Moran
     Murkowski
     Paul
     Perdue
     Portman
     Risch
     Roberts
     Rounds
     Rubio
     Sasse
     Scott
     Sessions
     Shelby
     Sullivan
     Thune
     Tillis
     Toomey
     Vitter
     Wicker

                             NOT VOTING--2

     Feinstein
     Mikulski
       
  The amendment (No. 919) was rejected.
  The PRESIDING OFFICER. There is 2 minutes of debate equally divided 
prior to a vote on Cotton amendment No. 659.
  The minority leader.


                              Quorum Call

  Mr. REID. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll and the following 
Senators entered the Chamber and answered to their names:

                          [Quorum No. 5 Leg.]

     Alexander
     Ayotte
     Baldwin
     Blunt
     Booker
     Boozman
     Boxer
     Brown
     Capito
     Cardin
     Casey
     Cassidy
     Cochran
     Collins
     Corker
     Cornyn
     Cotton
     Crapo
     Daines
     Donnelly
     Durbin
     Enzi
     Ernst
     Gardner
     Hirono
     Inhofe
     Isakson
     King
     Klobuchar
     Lankford
     Leahy
     Manchin
     McConnell
     Menendez
     Moran
     Murkowski
     Murphy
     Murray
     Perdue
     Peters
     Portman
     Reed
     Reid
     Risch
     Roberts
     Rounds
     Rubio
     Schumer
     Sessions
     Shaheen
     Stabenow
     Thune
     Tillis
     Vitter
     Wicker
     Wyden
  The PRESIDING OFFICER. A quorum is present.


                           Amendment No. 659

  There is 2 minutes of debate prior to the vote on the Cotton 
amendment No. 659.
  The Senator from Arkansas.
  Mr. COTTON. Mr. President, this amendment establishes a reserve fund 
to ensure the Fish and Wildlife Service considers the cumulative 
economic impact of a critical habitat designation and not just the 
incremental impact when listing a previously designated critical 
habitat.
  A critical habitat designation provides additional protections for 
endangered species, but States like Arkansas have seen critical habitat 
designations that do not take into account the full economic impact on 
farmers, ranchers, and landowners.
  Previously, the full economic impact of a designation was considered, 
but that has been modified recently so only the marginal impact between 
the endangered species listing and the critical habitat designation is 
considered.
  Any reforms should not change the listing process, and I would not 
suggest we should change the listing process in this measure. I simply 
want to account for the full economic impact of such designations, and 
I urge my colleagues to cast a ``yes'' vote.
  The PRESIDING OFFICER. The Senator from California.
  Mrs. BOXER. Mr. President, there are two ways to repeal landmark 
environmental law. One is through the front door, and the amendment 
would say we abandon the Endangered Species Act. It is gone. And one 
way is through the back door. This is through the back door.
  If radical amendments like this one were in place, we would not have 
saved the great American Bald Eagle, the symbol of our Nation.
  If you believe that God's creations should be preserved, vote no on 
the Cotton amendment.
  I urge a ``no'' vote.
  The PRESIDING OFFICER. The question is on agreeing to the Cotton 
amendment.
  Mrs. BOXER. 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 legislative clerk called the roll.
  Mr. CORNYN. The following Senators are necessarily absent: the 
Senator from Illinois (Mr. Kirk) and the Senator from Alabama (Mr. 
Shelby).
  Mr. DURBIN. I announce that the Senator from California (Mrs. 
Feinstein), the Senator from Maryland (Ms. Mikulski), the Senator from 
Hawaii (Mr. Schatz), and the Senator from New Mexico (Mr. Udall) are 
necessarily absent.
  The result was announced--yeas 52, nays 42, as follows:

                      [Rollcall Vote No. 128 Leg.]

                                YEAS--52

     Alexander
     Barrasso
     Blunt
     Boozman
     Burr
     Capito
     Cassidy
     Coats
     Cochran
     Corker
     Cornyn
     Cotton
     Crapo
     Cruz
     Daines
     Enzi
     Ernst
     Fischer
     Flake
     Gardner
     Graham
     Grassley
     Hatch
     Heitkamp
     Heller
     Hoeven
     Inhofe
     Isakson
     Johnson
     Lankford
     Lee
     Manchin
     McCain
     McConnell
     Moran
     Murkowski
     Paul
     Perdue
     Portman
     Risch
     Roberts
     Rounds
     Rubio
     Sasse
     Scott
     Sessions
     Sullivan
     Thune
     Tillis
     Toomey
     Vitter
     Wicker

                                NAYS--42

     Ayotte
     Baldwin
     Bennet
     Blumenthal
     Booker
     Boxer
     Brown
     Cantwell
     Cardin
     Carper
     Casey
     Collins
     Coons
     Donnelly
     Durbin
     Franken
     Gillibrand
     Heinrich
     Hirono
     Kaine
     King
     Klobuchar
     Leahy
     Markey
     McCaskill
     Menendez
     Merkley
     Murphy
     Murray
     Nelson
     Peters
     Reed
     Reid
     Sanders
     Schumer
     Shaheen
     Stabenow
     Tester
     Warner
     Warren
     Whitehouse
     Wyden

                             NOT VOTING--6

     Feinstein
     Kirk
     Mikulski
     Schatz
     Shelby
     Udall
  The amendment (No. 659) was agreed to.


                           Amendment No. 993

  The PRESIDING OFFICER. There is 2 minutes of debate prior to a vote 
on Menendez amendment No. 993.
  The Senator from New Jersey.
  Mr. MENENDEZ. Mr. President, the Congress came together to create the 
do-not-call list, and it is time for Congress to come together again to 
update this important consumer protection legislation and protect 
Americans as we intended to do. We all know of many of our constituents 
and our families who are bothered by unwanted phone calls at dinner, at 
night when we are home with our families.
  It makes sense, as we decided then when we passed the law, to decide 
whether you want to receive soliciting phone calls, and that right 
should be respected under the law. Unfortunately, a few unscrupulous 
companies have ignored Americans' wishes and continued to pester 
people, and they see the penalties as the cost of doing business. That 
has to stop. We have to stop it, and we can do so by giving the 
appropriate flexibility to the entities that are supposed to enforce 
the law to be able to do so.
  I think this is a noncontroversial amendment. If it is, I am happy to 
accept a voice vote.
  The PRESIDING OFFICER. The Senator from Wyoming.
  Mr. ENZI. Mr. President, there is no objection on our side.
  The PRESIDING OFFICER. The question is on agreeing to the Menendez 
amendment No. 993.
  The amendment (No. 993) was agreed to.


                           Amendment No. 664

  The PRESIDING OFFICER. There is 2 minutes of debate on the Cotton 
amendment No. 664.
  The Senator from Arkansas.
  Mr. COTTON. Mr. President, I know Guantanamo Bay operations are a 
controversial matter in this Chamber. This amendment does not address 
that.
  I took a group of Senators to Guantanamo Bay a couple of weeks ago. 
Soldiers are living in substandard barracks. Communication facilities 
are not adequate. Even if you oppose detention operations at Guantanamo 
Bay, you should know that, in barely 20 years, there have been five 
different humanitarian operations at Guantanamo Bay, to include post-
Haiti earthquake operations.
  This amendment would allow for construction to ensure that Guantanamo 
Bay Naval Base, regardless of detainee operations, treats our troops to 
the highest standards they deserve, and preserves it for humanitarian 
contingency operations in the future.

[[Page 4641]]

  I urge a ``yes'' vote.
  I ask unanimous consent to modify the amendment with the 
modifications at the desk.
  The PRESIDING OFFICER. Is there objection?
  Mr. SANDERS. I object.
  The PRESIDING OFFICER. Objection is heard.
  The Senator from Vermont.
  Mr. SANDERS. Mr. President, I raise a point of order that the pending 
amendment is not germane to the underlying resolution and would violate 
section 305(b)(2) of the Congressional Budget Act of 1974.
  The PRESIDING OFFICER. The Senator from Arkansas.
  Mr. COTTON. Mr. President, I move to waive the applicable provision 
of the Budget Act, and I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  Mr. REED. Mr. President, is there still time?
  The PRESIDING OFFICER. There is no time available.
  The question is on agreeing to the motion.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. CORNYN. The following Senator is necessarily absent: the Senator 
from Illinois (Mr. Kirk).
  Mr. DURBIN. I announce that the Senator from California (Mrs. 
Feinstein) and the Senator from Maryland (Ms. Mikulski) are necessarily 
absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The yeas and nays resulted--yeas 49, nays 48, as follows:

                      [Rollcall Vote No. 129 Leg.]

                                YEAS--49

     Alexander
     Ayotte
     Barrasso
     Blunt
     Boozman
     Burr
     Capito
     Cassidy
     Coats
     Cochran
     Collins
     Corker
     Cotton
     Crapo
     Cruz
     Daines
     Donnelly
     Ernst
     Fischer
     Gardner
     Graham
     Grassley
     Hatch
     Heller
     Hoeven
     Inhofe
     Isakson
     Johnson
     King
     Lankford
     Lee
     McCain
     McConnell
     Moran
     Murkowski
     Paul
     Perdue
     Portman
     Risch
     Roberts
     Rubio
     Sasse
     Scott
     Sessions
     Shelby
     Thune
     Toomey
     Vitter
     Wicker

                                NAYS--48

     Baldwin
     Bennet
     Blumenthal
     Booker
     Boxer
     Brown
     Cantwell
     Cardin
     Carper
     Casey
     Coons
     Cornyn
     Durbin
     Enzi
     Flake
     Franken
     Gillibrand
     Heinrich
     Heitkamp
     Hirono
     Kaine
     Klobuchar
     Leahy
     Manchin
     Markey
     McCaskill
     Menendez
     Merkley
     Murphy
     Murray
     Nelson
     Peters
     Reed
     Reid
     Rounds
     Sanders
     Schatz
     Schumer
     Shaheen
     Stabenow
     Sullivan
     Tester
     Tillis
     Udall
     Warner
     Warren
     Whitehouse
     Wyden

                             NOT VOTING--3

     Feinstein
     Kirk
     Mikulski
  The PRESIDING OFFICER. On this vote, the yeas are 49, the nays are 
48.
  Three-fifths of the Senators duly chosen and sworn not having voted 
in the affirmative, the motion is rejected. The point of order is 
sustained and the amendment falls.
  The majority leader.

                          ____________________