[Congressional Record Volume 144, Number 126 (Monday, September 21, 1998)]
[Senate]
[Pages S10668-S10669]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

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                      CHILD CUSTODY PROTECTION ACT

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                     TORRICELLI AMENDMENT NO. 3603

  (Ordered to lie on the table.)
  Mr. TORRICELLI submitted an amendment intended to be proposed by him 
to the bill (S. 1645) to amend title 18, United States Code, to 
prohibit taking minors across State lines to avoid laws requiring the 
involvement of parents in abortion decisions; as follows:

       At the appropriate place, insert the following:

     SEC.   . PROHIBITED INTERSTATE FIREARMS TRANSFERS.

       Section 922(a)(3) of title 18, United States Code, is 
     amended--
       (1) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively;
       (2) by striking ``or licensed collector to transport'' and 
     inserting the following: ``or licensed collector--
       ``(A) to transport'';
       (3) by striking ``this paragraph'' and inserting ``this 
     subparagraph'';
       (4) by adding ``and'' after the semicolon at the end; and
       (5) by adding at the end the following:
       ``(B) to--
       ``(i) travel across a State line for the purpose of 
     inducing any other person to transfer a firearm in violation 
     of any applicable Federal or State law; and
       ``(ii) thereby obtain a firearm in violation of any 
     applicable Federal or State law;''.
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                       HARKIN AMENDMENT NO. 3604

  (Ordered to lie on the table.)
  Mr. HARKIN submitted an amendment intended to be proposed by him to 
the bill, S. 1645, supra; as follows:

       On page 5, strike line 17, and insert the following: 
     ``apply if--
       ``(A) the pregnancy was the result of rape by a parent or 
     incest between the minor and a parent; or
       ``(B) the abortion was necessary to save the life of
                                 ______
                                 

                        LEAHY AMENDMENT NO. 3605

  (Ordered to lie on the table.)
  Mr. LEAHY submitted an amendment intended to be proposed by him to 
the bill, S. 1645, supra; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Child Custody Protection 
     Act''.

     SEC. 2. FORCEFUL TRANSPORTATION OF MINORS TO AVOID CERTAIN 
                   LAWS RELATING TO ABORTION.

       (a) In General.--Title 18, United States Code, is amended 
     by inserting after chapter 117 the following:

``CHAPTER 117A--FORCEFUL TRANSPORTATION OF MINORS TO AVOID CERTAIN LAWS 
                         RELATING TO ABORTION.

     ``Sec. 2341. Forceful transportation of minors to avoid 
       certain laws relating to abortion

       ``(a) Offenses.--Whoever knowingly uses force or threats of 
     force to transport an individual who has not attained the age 
     of 18 years across a State line, with the intent to avoid, 
     evade, prevent, or obstruct compliance with the requirements 
     of a law requiring parental involvement in a minor's abortion 
     decision, in the State where the minor resides, if in fact as 
     a result the individual obtains the abortion, shall be fined 
     under this title, imprisoned not more than 10 years, or both.
       ``(b) Restitution.--In addition to any other penalty 
     authorized by law, including consideration of an order of 
     restitution to the victim of the offense pursuant to section 
     3664 of this title, the court, when sentencing a defendant 
     convicted of an offense under subsection (a), may order that 
     the defendant make restitution to the parent or guardian of 
     the indivdual who obtained the abortion as a result of the 
     offense. An order of restitution under this subsection shall 
     be based upon--
       ``(1) the amount of damages resulting from or attributable 
     to the offense;
       ``(2) the cost of necessary medical and related 
     professional service; and
       ``(3) any lost income or other expenses related to 
     participation in the investigation or prosecution of the 
     offense or attendance at proceedings related to the offense.
       ``(c) Definitions.--In this section--
       ``(1) the term `law requiring parental involvement in a 
     minor's abortion decision' is a law that requires, before an 
     abortion is performed on a minor, the notification to, or 
     consent of, any person or entity other than the minor, 
     including the parent or guardian of the minor, or a judicial 
     officer, and that--
       ``(A) is not enjoined or otherwise held invalid by a court 
     of competent jurisdiction; or
       ``(B) the enforcement authorities of the State where the 
     individual who obtains the abortion resides have not declined 
     to enforce;
       ``(2) 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
       ``(3) 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:

``117A. Forceful transportation of minors to avoid certain laws 
    relating to abortion....................................2431''.....

     SEC. 3. ASSISTANCE TO THE STATES TO ENFORCE PARENTAL 
                   INVOLVEMENT LAWS.

       Part E of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3750 et seq.) is amended by 
     inserting after subpart 3 the following:

    ``Subpart 4--Grants to States To Assist Enforcement of Parental 
                            Involvement Laws

     ``SEC. 520A. PURPOSE.

       ``The purpose of this subpart is to supplement the 
     provisions of subparts 1 and 2, in order to assist eligible 
     States in enforcing State laws requiring parental involvement 
     in a minor's abortion decision, and related procedures, 
     including judicial bypass procedures.

     ``SEC. 520B. DEFINITIONS.

       ``In this subpart--
       ``(1) the term `Director' means the Director of the Bureau 
     of Justice Assistance of the Department of Justice;
       ``(2) the term `eligible State' means a State that has 
     enacted a law requiring parental involvement in a minor's 
     abortion decision; and
       ``(3) the term `law requiring parental involvement in a 
     minor's abortion decision' has the meaning given that term in 
     section 2431(c) of title 18, United States Code.

     ``SEC. 520C. GRANTS.

       ``(a) In General.--The Director shall make grants to 
     eligible States in accordance with this section.
       ``(b) Applications.--In order for an eligible State to 
     receive a grant under this subpart for a fiscal year, the 
     chief executive of the eligible State shall submit to the 
     Director an application, which shall include--
       ``(1) a statement that the applicant is the chief 
     executive, or a designee of the chief executive, of a State 
     that is an eligible State;
       ``(2) an assurance that Federal funds received under this 
     subpart will be used to supplement, and not supplant, non-
     Federal funds that would otherwise be available for 
     activities funded with amounts made available to the eligible 
     State under this subpart;
       ``(3) a statement that amounts received by the eligible 
     State under this subpart will be devoted entirely to 
     enforcing the law requiring parental consent in a minor's 
     abortion decision of the eligible State, and related 
     procedures, including judicial bypass procedures; and
       ``(4) a description of the budget of the eligible State for 
     the activities to be funded with amounts made available under 
     this subpart for the fiscal year for which the grant is 
     sought.
       ``(c) Grant Amount.--Of the total amount made available to 
     carry out this subpart in each fiscal year, the Director 
     shall allocate to each eligible State that meets the 
     requirements of this section an amount equal to the pro rata 
     share of that eligible State, based on the percentage of the 
     population of the eligible State that is less than 18 years 
     of age, based on the most recent calendar year for which such 
     data is available.
       ``(d) Renewal of Grants.--Subject to the availability of 
     appropriations, a grant to an eligible State for a fiscal 
     year under this subpart may be renewed for not more than 2 
     additional fiscal years, if the Director determines that the 
     amount made available to the eligible State under this 
     subpart for the preceding fiscal year was used in accordance 
     with the application submitted by the eligible State under 
     subsection (b).

[[Page S10669]]

     ``SEC. 520D. AUTHORIZATION OF APPROPRIATIONS.

       ``There is authorized to be appropriated to carry out this 
     subpart $5,000,000 for each fiscal years 1999, 2000, and 
     2001.''.
       Amend the title to read as follows: ``A bill to prohibit 
     the forceful taking of minors across State lines to avoid 
     laws requiring the involvement of parents in abortion 
     decisions, and to assist States in enforcing parental 
     involvement laws.''.
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                      FEINSTEIN AMENDMENT NO. 3606

  (Ordered to lie on the table.)
  Mrs. FEINSTEIN submitted an amendment intended to be proposed by her 
to the bill, S. 1645, supra; as follows:

       On page 5, strike line 17, and insert the following: 
     ``apply--
       ``(A) to any individual who is an adult member of the 
     family of the minor who obtained the abortion, as the term 
     `adult' is defined for purposes of the State law requiring 
     parental involvement in a minor's abortion decision; or
       ``(B) if the abortion was necessary to save the life of * * 
     *.
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                        BOXER AMENDMENT NO. 3607

  (Ordered to lie on the table.)
  Mrs. BOXER submitted an amendment intended to be proposed by her to 
the bill, S. 1645, supra; as follows:

       On page 6, between lines 2 and 3, insert the following:
       ``(3) No prosecution shall be commenced or continued under 
     subsection (a) if a parent of the individual upon whom the 
     abortion is performed consents to the abortion after the 
     abortion is performed.
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                       KENNEDY AMENDMENT NO. 3608

  (Ordered to lie on the table.)
  Mr. KENNEDY submitted an amendment intended to be proposed by him to 
the bill, S. 1645, supra; as follows:

       On page 6, strike line 17, and insert the following:
       ``(e) Difference to State Authorities.--
       ``(1) In general.--No prosecution of any offense described 
     in subsection (a) shall be commenced by the United States 
     except upon the written notification of the Attorney General 
     to the Federal prosecutor certifying that--
       ``(A) the appropriate court of the State does not have 
     jurisdiction or refuses to assume jurisdiction with respect 
     to the acts allegedly committed in violation of subsection 
     (a); and
       ``(B) it is in the public interest and necessary to secure 
     substantial justice for the United States to commence the 
     prosecution.
       ``(2) Surrender to state authorities.--If the Attorney 
     General does not make the certifications described in 
     paragraph (1), the defendant shall be surrendered to the 
     appropriate legal authorities of the State.
       ``(f) Definitions.--For purposes of this section--
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                       KENNEDY AMENDMENT NO. 3609

  (Ordered to lie on the table.)
  Mr. KENNEDY submitted an amendment intended to be proposed by him to 
the bill, S. 1645, supra; as follows:

       On page 5, strike lines 16 and 17, and insert the 
     following:
       ``(2) The prohibition of subsection (a) does not apply if--
       ``(A) the law requiring parental involvement in a minor's 
     abortion decision in the State where the individual who 
     obtains the abortion resides has been enjoined or held 
     unconstitutional by a court of competent jurisdiction;
       ``(B) the enforcement authorities of the State where the 
     individual who obtains the abortion resides have declined to 
     enforce the law described in paragraph (1); or
       ``(C) the abortion was necessary to save the life of

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