[Congressional Record Volume 144, Number 120 (Friday, September 11, 1998)]
[Senate]
[Pages S10235-S10236]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            CHILD CUSTODY PROTECTION ACT--MOTION TO PROCEED

  The Senate continued with the consideration of the motion.
  Mr. BROWNBACK. What is the pending business?
  The PRESIDING OFFICER. The pending business is the motion to proceed 
to the Child Custody Protection Act, S. 1645.
  Mr. BROWNBACK. Mr. President, I am a proud sponsor of the Child 
Custody Protection Act, which makes it a Federal offense to transport a 
minor across State lines to obtain an abortion in circumvention of 
State parental notification laws. Good laws, constitutionally-tested 
laws, have been enacted in over 20 States which require parental 
participation, or judicial involvement, in a minor's abortion decision. 
Yet, these same laws are flagrantly breached by nonfamily adults who 
secretly transport young, pregnant girls in complete disregard of her 
parents' knowledge or participation. I think this is wrong, and I 
believe most parents would agree with me.
  The Child Custody Protection Act is really a family values bill which 
preserves the parental right to oversee their child's medical treatment 
of the most intrusive kind--namely, that of abortion. This bill is 
about choosing to support parents, rather than unrelated strangers, in 
their State-recognized right to care for a vulnerable, at-risk 
daughter. Is this too much to ask? Even ear-piercing for minors 
requires parental authorization, let alone this most disturbing 
surgical procedure.
  Abortion, I believe, is in a class by itself and is unlike any other 
medical procedure, for both strikingly emotional and physical reasons. 
There is no other surgery like it, where the object is to terminate a 
developing human life, and the emotional repercussions can be 
devastating. Women who have experienced abortion are haunted by the 
unspeakably weighty consequences of lost life and the deep emotional 
conflicts this produces. Add to this terrible mix the factor of 
youthful vulnerability and you invite extreme emotional trauma.
  Also, abortion can have unique physical consequences--rendering a 
young girl physically traumatized and even infertile from a bungled 
operation. Most alarmingly, some ``absconding'' adults can exhibit the 
extremes of irresponsibility and disregard for the physical well-being 
of their ``charges.'' There are tragic examples of young women who have 
been plied with alcohol, raped, impregnated, and then taken across 
State lines for secret abortions. Some of these cases are just so 
horrific that one can't even really repeat them.
  We simply don't want strangers interfering with this important 
parental responsibility, which is already protected by several States. 
We must honor the fact that parents have a unique legal status of in 
loco parentis, which is a historic common law charge to protect their 
child's well-being. Don't let this right be eroded by unfettered 
abortion activists with baseless constitutional law claims. To do 
otherwise is an assault against the precious institution of ``family,'' 
which we prize and which has been harmed and is a fundamental 
foundation for our culture and this society.
  Let's help, and not hinder, parents in their difficult and crucial 
job in an otherwise potentially disastrous situation. Let's not allow 
parental rights and family ties to be further eroded. Let's support the 
wisdom of these 20-plus States which have already done the hard work of 
safeguarding unwed, pregnant children by requiring parental 
notification. In short, let's support family values by passing this 
Child Custody Protection Act.
  Mr. President, this is a commonsense act. If you are going to allow--
and we have--parents to have the responsibility over a child in getting 
their ears pierced, my goodness, shouldn't we have the responsibility 
for a parent, or a court, to get involved if an abortion is going to 
take place across State lines? Shouldn't we honor these States for 
their efforts in the devolution of power? Shouldn't we honor those 20 
States that have decided to go differently on this and require the 
parental notification to take place? This just makes sense throughout 
our constitutional system, throughout our Federal system, and 
throughout our family system. The foundational unit of this Government 
is the family. We should not further erode that responsibility. For all 
those reasons, I urge my colleagues to help and support in the passage 
of this Child Custody Protection Act.
  I yield the floor, and I suggest absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.

[[Page S10236]]

  Mr. BYRD. 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. BYRD. Mr. President, is the Senate in a period for morning 
business at this time?
  The PRESIDING OFFICER. The Senate is on a motion to proceed on which 
cloture has been invoked.
  Mr. BYRD. Mr. President, I ask unanimous consent that I may be 
permitted to speak out of order no longer than 15 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BYRD. Mr. President, I thank the Chair.
  The PRESIDING OFFICER. The Senator from West Virginia is recognized.
  Mr. BYRD. I thank the Chair.
  Mr. President, let me say at this point that if the distinguished 
majority leader wishes to interrupt me at any point to offer a 
unanimous consent request, I will certainly be happy to accommodate 
him.
  Mr. President, I ask unanimous consent that I may yield to the 
distinguished majority leader for whatever time he may desire, and that 
I may then be recognized with my present rights to the floor.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LOTT. Mr. President, I thank the distinguished Senator from West 
Virginia for yielding.

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