[Congressional Record Volume 152, Number 79 (Monday, June 19, 2006)]
[Senate]
[Pages S6051-S6052]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2007
The PRESIDING OFFICER. The clerk will please report the pending
business.
The legislative clerk read as follows:
A bill (S. 2766) to authorize preparations for fiscal year
2007 for military activities of the Department of Defense,
for military construction, and for defense activities of the
Department of Energy, to prescribe personnel strengths for
such fiscal year for the Armed Forces, and for other
purposes.
Pending:
McCain amendment No. 4241, to name the act after John
Warner, a Senator from Virginia.
Nelson (FL)/Menendez amendment No. 4265, to express the
sense of Congress that the Government of Iraq should not
grant amnesty to persons known to have attacked, killed, or
wounded members of the Armed Forces of the United States.
McConnell amendment No. 4272, to commend the Iraqi
Government for affirming its positions of no amnesty for
terrorists who have attacked U.S. forces.
Dorgan amendment No. 4292, to establish a special committee
of the Senate to investigate the awarding and carrying out of
contracts to conduct activities in Afghanistan and Iraq and
to fight the war on terrorism.
Mr. KENNEDY. Mr. President, I ask unanimous consent to lay aside the
pending amendments.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendment No. 4322
Mr. KENNEDY. I call up my amendment at the desk.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from Massachusetts [Mr. Kennedy] proposes an
amendment numbered 4322.
Mr. KENNEDY. I ask unanimous consent the reading of the amendment be
dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To amend the Fair Labor Standards Act of 1938 to provide for
an increase in the Federal minimum wage)
At the appropriate place, insert the following:
SEC. __. INCREASE IN THE MINIMUM WAGE.
(a) Federal Minimum Wage.--
(1) In general.--Section 6(a)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended to
read as follows:
``(1) except as otherwise provided in this section, not
less than--
``(A) $5.85 an hour, beginning on the 60th day after the
date of enactment of the National Defense Authorization Act
for Fiscal Year 2007;
``(B) $6.55 an hour, beginning 12 months after that 60th
day; and
``(C) $7.25 an hour, beginning 24 months after that 60th
day;''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect 60 days after the date of enactment of this
Act.
(b) Applicability of Minimum Wage to the Commonwealth of
the Northern Mariana Islands.--
(1) In general.--Section 6 of the Fair Labor Standards Act
of 1938 (29 U.S.C. 206) shall apply to the Commonwealth of
the Northern Mariana Islands.
(2) Transition.--Notwithstanding paragraph (1), the minimum
wage applicable to the Commonwealth of the Northern Mariana
Islands under section 6(a)(1) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 206(a)(1)) shall be--
(A) $3.55 an hour, beginning on the 60th day after the date
of enactment of this Act; and
(B) increased by $0.50 an hour (or such lesser amount as
may be necessary to equal the minimum wage under section
6(a)(1) of such Act), beginning 6 months after the date of
enactment of this Act and every 6 months thereafter until the
minimum wage applicable to the Commonwealth of the Northern
Mariana Islands under this subsection is equal to the minimum
wage set forth in such section.
Amendment No. 4323 to Amendment No. 4322
Mr. FRIST. I send a second-degree amendment to the desk.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from Tennessee [Mr. Frist] proposes an
amendment numbered 4323 to amendment No. 4322.
Mr. FRIST. I ask unanimous consent the reading of the amendment be
dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To amend title 18, United States Code, to prohibit taking
minors across State lines in circumvention of laws requiring the
involvement of parents in abortion decisions)
At the end of the amendment add the following:
SEC. __. TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN
LAWS RELATING TO ABORTION.
(a) In General.--Title 18, United States Code, is amended
by inserting after chapter 117 the following:
``CHAPTER 117A--TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN
LAWS RELATING TO ABORTION
``Sec.
``2431. Transportation of minors in circumvention of certain laws
relating to abortion.
``Sec. 2431. Transportation of minors in circumvention of
certain laws relating to abortion
``(a) Offense.--
``(1) Generally.--Except as provided in subsection (b),
whoever knowingly transports a minor across a State line,
with the intent that such minor obtain an abortion, and
thereby in fact abridges the right of a parent under a law
requiring parental involvement in a minor's abortion
decision, in force in the State where the minor resides,
shall be fined under this title or imprisoned not more than
one year, or both.
``(2) Definition.--For the purposes of this subsection, an
abridgement of the right of a parent occurs if an abortion is
performed on the minor, in a State other than the State where
the minor resides, without the parental consent or
notification, or the judicial authorization, that would have
been required by that law had the abortion been performed in
the State where the minor resides.
``(b) Exceptions.--
``(1) The prohibition of subsection (a) does not apply if
the abortion was necessary to save the life of the minor
because her life was endangered by a physical disorder,
physical injury, or physical illness, including a life
endangering physical condition caused by or arising from the
pregnancy itself.
``(2) A minor transported in violation of this section, and
any parent of that minor, may not be prosecuted or sued for a
violation of this section, a conspiracy to violate this
section, or an offense under section 2 or 3 based on a
violation of this section.
``(c) Affirmative Defense.--It is an affirmative defense to
a prosecution for an offense, or to a civil action, based on
a violation of this section that the defendant reasonably
believed, based on information the defendant obtained
directly from a parent of the minor or other compelling
facts, that before the minor obtained the abortion, the
parental consent or notification, or judicial authorization
took place that would have been required by the law requiring
parental involvement in a minor's abortion decision, had the
abortion been performed in the State where the minor resides.
``(d) Civil Action.--Any parent who suffers harm from a
violation of subsection (a) may obtain appropriate relief in
a civil action.
``(e) Definitions.--For the purposes of this section--
``(1) a `law requiring parental involvement in a minor's
abortion decision' means a law--
``(A) requiring, before an abortion is performed on a
minor, either--
``(i) the notification to, or consent of, a parent of that
minor; or
``(ii) proceedings in a State court; and
``(B) that does not provide as an alternative to the
requirements described in subparagraph (A) notification to or
consent of any person or entity who is not described in that
subparagraph;
``(2) the term `parent' means--
``(A) a parent or guardian;
``(B) a legal custodian; or
``(C) a person standing in loco parentis who has care and
control of the minor, and with whom the minor regularly
resides, who is designated by the law requiring parental
involvement in the minor's abortion decision as a person to
whom notification, or from whom consent, is required;
``(3) the term `minor' means an individual who is not older
than the maximum age requiring parental notification or
consent, or proceedings in a State court, under the law
requiring parental involvement in a minor's abortion
decision; and
``(4) the term `State' includes the District of Columbia
and any commonwealth, possession, or other territory of the
United States.''.
(b) Clerical Amendment.--The table of chapters for part I
of title 18, United States Code, is amended by inserting
after the item relating to chapter 117 the following new
item:
``117A. Transportation of minors in circumvention of certain laws
relating to abortion..........................................2431''.
Mr. FRIST. Mr. President, a lot of discussion has been going on in
the Senate with regard to a shift that we are making that I don't
entirely agree with. That is a shift off of the underlying bill--not
literally off the bill but in terms of substance--addressing the issue
of minimum wage that my colleague from Massachusetts has addressed.
[[Page S6052]]
Personally, as I have explained to my colleagues, I don't believe
this is the appropriate bill on which to be addressing the minimum
wage. We should be debating the war on terror and the progress that has
been achieved in Iraq and the way we can further that success in the
future.
We have agreed to set aside amendments so that the Senator from
Massachusetts can offer an amendment on the minimum wage, and I second-
degreed that amendment with a child custody protection amendment.
Our discussions have led to the understanding that after we figure
out how we are going to address both the minimum wage and child custody
protection over the course of this afternoon or tonight or tomorrow, we
will get around to having a vote on the minimum wage issue.
There has been some discussion whether we had to file cloture on the
minimum wage or on child custody protection, but we agree that, after
further discussion, we will figure out the most appropriate manner to
bring to the floor and address these issues over the next--I am not
sure how long it will take, but figure out exactly how long that is. I
do encourage our Members to come to the floor and to continue debating
the underlying bill as well, the Department of Defense authorization
bill.
Again, I wish that neither one of these issues that we just offered
were going to be debated on this particular bill, but I understand it
is the right of each Senator to come forward and offer those two bills.
Again, I will turn to my colleague from Massachusetts to make a
statement as to whether that is the general understanding of where we
are.
The PRESIDING OFFICER. The Senator from Massachusetts.
Mr. KENNEDY. Mr. President, I thank the leader for his cooperation.
As I understand what he is basically saying is that he will work out, I
imagine with the Democratic leader, an appropriate time so at least the
Senate will have an opportunity, before final passage of this
legislation, that we will get a vote on my amendment or action on it
related thereto. Am I right?
Mr. FRIST. That is correct.
Mr. KENNEDY. I thank the leader. Earlier in the day, I listened to
the concerns of the leader about the appropriateness of my amendment on
this legislation. I pointed out earlier, when I addressed the Senate,
that I believe that our fighting men and women in Iraq, Afghanistan,
and around the world are fighting for American values, and part of
American values is economic fairness and economic justice, and part of
economic fairness and economic justice is making sure we are going to
treat American workers decently and fairly.
So I want to indicate both to the leader and, most particularly, to
the chairman of the Armed Services Committee, we will work with him in
every possible way to work out the appropriate timing on it so that
other serious work of the committee can move ahead in a timely way.
I thank both leaders.
The PRESIDING OFFICER. The majority leader.
Mr. FRIST. The challenge with the Department of Defense authorization
bill is really just this, what is playing out; that is, for us to
address what is the issue, I believe, that is most important to the
United States today. That is supporting our men and women who are
fighting so bravely and gallantly for us right now in this war on
terror.
Thus, I believe that a minimum wage amendment should not be debated
on this particular bill, but it looks like it will be debated on this
particular bill. In the colloquy that was just entertained, it is clear
we will be debating it on the bill.
It was clear last week the other side did not really want to stay on
this issue of debating Iraq, surrounding Iraq. And by offering this
amendment, they made it clear they do want to shift debate off to an
entirely different issue, an issue that does have a time and a place
that is more appropriate for it to be addressed. At that time, we
should be debating the overall economy and the impact that it would
have on small business and on jobs in this country.
We need to also have that debate on how to maintain, to continue the
strong economic growth that we are seeing in this country today because
of President Bush's strong progrowth economic policies which have
created 5.3 million jobs in the last 3 years. We have unemployment that
is down to 4.7 percent, which is lower than the average of the 1990s
and 1980s and 1970s.
In order to keep the economy growing, we need to continue to debate
how to open new markets, how to reduce the burden on our economy of
taxation and regulation, how we make education more affordable, how we
tackle health care costs--all of which are very important issues.
Again, I prefer not to debate all those issues on this important
bill, the Department of Defense authorization bill. We need to look, at
some point, at the issues surrounding our overall economy, a progrowth
package, and look at the issues surrounding the minimum wage, but to do
it in isolation on a totally unrelated bill I don't think is the way to
go.
On this bill, I do believe America can do better.
Mr. President, I yield the floor.
Mr. REID. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will please call the roll.
The bill clerk proceeded to call the roll.
Mr. REID. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. REID. Mr. President, what is the matter before the Senate at this
time?
The PRESIDING OFFICER. The second-degree amendment of the Senator
from Tennessee, Mr. Frist, to the amendment from the Senator from
Massachusetts.
Mr. REID. We are on the Defense bill, then?
The PRESIDING OFFICER. That is correct, until 4 o'clock.
Mr. REID. Mr. President, at an appropriate time I will lay down an
amendment. Right now I will just speak on it for a few minutes.
(The remarks of Mr. Reid pertaining to the introduction of S. 3536
are printed in today's Record under ``Statements on Introduced Bills
and Joint Resolutions.'')
Mr. President, the hour of 4 o'clock will be here in a couple
minutes, and I have a few more minutes to speak. I ask unanimous
consent that I be allowed to finish my statement using leader time, and
that the 4 o'clock time for consideration of the judicial nomination be
extended for probably less than 5 minutes.
The PRESIDING OFFICER. Is there objection?
Mr. WARNER. No objection.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. REID. Mr. President, I extend my appreciation to the
distinguished Senator from Virginia, Mr. Warner.
The PRESIDING OFFICER. The Senator from Virginia.
Mr. WARNER. Mr. President, I had stepped off the floor for a minute.
You are going to introduce your legislation as an amendment to the
authorization bill.
Mr. REID. Yes, but I will do it at a subsequent time.
Mr. WARNER. I appreciate that cooperation.
Mr. REID. I want to talk to Senator Levin and the chairman before
offering it.
Mr. WARNER. I thank my colleague.
I believe we should proceed under the standing order.
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