National Defense Authorization Act for Fiscal Year 2007
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2007 -- (Senate - June 19, 2006)
BREAK IN TRANSCRIPT
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. ``§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.
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.
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