The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“AMENDMENTS SUBMITTED” mentioning the U.S. Dept. of Justice was published in the Senate section on pages S10668-S10669 on Sept. 21, 1998.
The publication is reproduced in full below:
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
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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).
``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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