[Congressional Record (Bound Edition), Volume 152 (2006), Part 12]
[Senate]
[Pages 16629-16630]
[From the U.S. Government Publishing Office, www.gpo.gov]




                                SCHEDULE

  Mr. FRIST. Mr. President, this morning we will immediately return to 
debate on S. 3711, the Gulf of Mexico Energy Security bill.
  Yesterday, the Senate by a bipartisan vote of 72 to 23 invoked 
cloture on the bill. Under last night's order, we will proceed to vote 
on passage of the bill at 5 o'clock today. Senators will be able to 
deliver their comments on the bill throughout the day, and the time 
will be equally divided until 5 p.m.
  As I stated yesterday, we have other important issues to consider 
this week before leaving. With respect to that, a lot of colleagues on 
both sides of the aisle have come up and asked about how I plan to 
proceed this week on the pensions bill and the so-called trifecta bill, 
both of which came over from the House Friday night.
  I talked to the distinguished minority leader about the best way to 
proceed over the next few days, given everyone's curiosity. I will have 
more to say about that schedule later today. As we talk more about 
these bills in our various caucuses, when it comes to these two items, 
I should take a couple of minutes to lay out a few things.
  As I have said consistently since Saturday morning, my priorities are 
simple. We are going to complete action on a very important retirement 
security bill which protects the pensions of literally millions of 
Americans before we leave.
  Second, to test the Senate's views on the so-called trifecta bill, a 
package which includes a final resolution of the death tax issue, as 
well as extension of various tax policies critical to Americans who are 
trying to create businesses, to start a business, to raise a family, to 
get that first job, and to invest and save for the future; this package 
also addresses the minimum wage increase. It is what we are calling--
the press started calling and now we are referring to it as the 
trifecta package.
  I want to be crystal clear--and my colleagues know this because a lot 
of them are making plans for the recess--that this week will be the 
time and the floor will be the place for the Senate to decide once and 
for all whether to act on this trifecta bill or to kill it.
  First things first. The pensions bill itself is an important bill 
which, as I mentioned, affects the lives of millions of Americans. It 
is a must-pass bill. It must pass this week. If we fail to act, 
billions of dollars of new debt will be thrown onto the Federal 
Treasury, and that would be irresponsible. I think everyone recognizes 
that.
  I know there are those in the minority who argue that the best thing 
to do is stop the pensions bill and then to try to put the tax 
extenders on it. But that would put the retirement future of millions 
at risk, and that is unacceptable. Others in the minority are arguing 
that they can return to conference on pensions to haggle further on 
pensions and change this or that or to talk about the taxes. I didn't 
know exactly what we would do if we went back to conference with that; 
arguments such as where is the best place to have a clam bake. For the 
record, I would like to have my clam bakes in New Hampshire. Going back 
to the conference means waiting until at least September, and that type 
of ``kick the can down the road'' mentality won't work. It is what 
happens too much around here--another hearing, another negotiation, 
another delay. That is going to have to stop, and the Senate must clear 
the pensions bill clean so the President can sign it this month. We 
will act on pensions. We will get it done without amendment.
  Senators are elected to debate, yes, but also to decide and to vote 
and to act. So we will also vote this week on whether to stop a 
filibuster on what I referred to as the trifecta bill. I don't want 
anybody to be mistaken. If the Senate kills the trifecta bill, we will 
not return to it this year. That means we would have no permanent death 
tax reform, no tax policy extenders, and no minimum wage increase. It 
is now or never. It is this week. Members need to understand that, 
especially Members who think we can delay and put off and try to 
divide. We will be addressing it this week. That is why it will be a 
very important vote on Friday. There are not going to be second 
chances. There are not going to be last-minute side deals or new 
unanimous consent agreements or other motions to proceed--nothing. This 
is going to be it.
  The House has acted on a bipartisan basis to pass this bill, and now 
we have to decide as a body on whether to act as well. We will make 
that decision this week. It will be decided in that vote on Friday.
  In the Senate, we have a bipartisan majority that supports fixing the 
death tax--a permanent solution for the death tax, fixing it forever.
  We have a bipartisan majority that supports the tax policy extenders. 
We have a bipartisan majority that supports handling the minimum wage. 
Now let us see that bipartisan majority stand up, express themselves, 
and act this week. It is our time to choose.
  Let's pass pensions without amendment, but stop the filibuster on the 
trifecta bill. Nothing more and nothing less will honor the heritage of 
the Senate which has been handed to us by

[[Page 16630]]

those before us and those who will one day hold our seats. More 
importantly, acting now will resolve retirement security for millions 
of Americans. It will help those take that first step on the lowest 
rung of the economic ladder. It will keep tax policy focused on growing 
our economy and creating new jobs. And it will finally bring fairness 
to that wrongful tax on death.
  It is going to be a very important week with the vote we will have 
this afternoon. It started with the vote yesterday. I believe it will 
be a very productive week for all of us on the Senate floor addressing 
concerns, both economic concerns as well as other concerns, that the 
American people feel in their everyday lives.
  Before closing, there is an issue that we finished with last week on 
the floor of the Senate but which we have not fully addressed until we 
get this bill to conference, so that we can join the child custody bill 
we passed last week, so that we have expressed the will of the floor of 
the Senate, and so we can address in conference marrying our bill to 
the House bill so this important bill will become the law of the land.
  We attempted to go to conference last week. There was objection on 
the other side of the aisle.


                  Unanimous-Consent Request--H.R. 748

  At this point, I once again ask unanimous consent that the Senate 
immediately proceed to consideration of H.R. 748; provided that all 
after the enacting clause be stricken and the text of S. 403, as 
amended, be inserted in lieu thereof; the bill then be read a third 
time and passed, and the Senate then insist on its amendment, request a 
conference with the House and the Chair be authorized to appoint 
conferees with the ratio of 7 to 5.
  Mr. DURBIN. Mr. President, reserving the right to object, on behalf 
of several Senators on this side of the aisle, I might say the bill 
that was brought to the floor is a bill which is fatally flawed. It is 
a bill which would have allowed a parent who was guilty of a crime 
against his child, a parent guilty of incest, would have been allowed 
to file a lawsuit against someone trying to help the victim of his 
crimes. Fortunately, an amendment was considered and unanimously passed 
here which addressed this fatal flaw in this bill. There are several on 
this side of the aisle who are working to receive an assurance from the 
Republican leader that this matter will not go forward in conference 
until this fatal flaw is removed in the bill. And until that agreement 
is reached, I believe--and others do, too--that it would be a terrible 
injustice for us to consider a bill which would allow this circumstance 
to continue. And until that agreement is reached, I object.
  The ACTING PRESIDENT pro tempore. Objection is heard.
  Mr. FRIST. Mr. President, let me point out on this objection we heard 
that this bill did pass this body last week by a vote of 65 to 34. It 
has the overwhelming support of the American people. Over 80 percent of 
Americans clearly support this bill. It passed with strong bipartisan 
support in the House of Representatives in I guess April of last year. 
So now is the time with the House having expressed its will for the 
Senate to express its will to go to conference, and then we can work 
out the disagreements that have been expressed between the two. Now is 
not the time to go back. It is a modest piece of legislation, very 
balanced, and it simply prohibits transporting a minor child across 
State lines for an abortion to get around a State law requiring 
parental notification or consent of that child for that child's 
abortion. It does not change any State law or policy but helps ensure 
that those State laws are honored.
  I am deeply disappointed that the Democrats are objecting to what 
would be the normal course of events in taking this bill to conference.

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