[Congressional Record (Bound Edition), Volume 152 (2006), Part 9]
[Senate]
[Pages 11687-11689]
[From the U.S. 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.

[[Page 11688]]

  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.
  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.

[[Page 11689]]

  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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