9:02 AM 25 Jun 1999
NOTE: DRAFT SAP CONTAINS SENIOR ADVISERS VETO THREAT - HOUSE ACTION EXPECTED NEXT WEEK. COMMENTS ARE DUE AT 2:00 P.M. TODAY. DRAFT SAP FOLLOWS-- ---------------------- Forwarded by Robert J. Pellicci/OMB/EOP on 06/25/99 08:58 AM --------------------------- LRM ID: RJP108 EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET Washington, D.C. 20503-0001 Friday, June 25, 1999 LEGISLATIVE REFERRAL MEMORANDUM TO: Legislative Liaison Officer - See Distribution below FROM: Janet R. Forsgren (for) Assistant Director for Legislative Reference OMB CONTACT: Robert J. Pellicci PHONE: (202}395-4871 FAX: (202}395-6148 SUBJECT: Executive Office of the President Statement of Administration Policy on HR1218 Child Custody Protection Act DEADLINE: 2:00 p.m. Friday, June 25, 1999 In accordance with OMB Circular A-19, OMB requests the views of your agency on the above subject before advising on its relationship to the program of the President. Please advise us if this item will affect direct spending or receipts for purposes of the "Pay-As-You-Go" provisions of Title XIII of the Omnibus Budget Reconciliation Act of 1990. COMMENTS: House floor action is expected next week. DISTRIBUTION LIST AGENCIES: 52-HEALTH & HUMAN SERVICES - Sondra S. Wallace - (202) 690-7760 61-JUSTICE - Jon P. Jennings - (202) 514-2141 EOP: Daniel N. Mendelson KAGAN E JENNINGS C Devorah R. Adler Sylvia M. Mathews Adrienne C. Erbach Jennifer M. Luray Sarah Wilson Nicole R. Rabner Barry T. Clendenin Thomas Reilly Mark E. Miller David J. Haun John E. Thompson Broderick Johnson Janet R. Forsgren James J. Jukes Sandra Yamin Lisa Zweig LRM ID: RJP108 SUBJECT: Executive Office of the President Statement of Administration Policy on HR1218 Child Custody Protection Act RESPONSE TO LEGISLATIVE REFERRAL MEMORANDUM If your response to this request for views is short (e.g., concur/no comment), we prefer that you respond bye-mail or by faxing us this response sheet .. If the response is short and you prefer to call, please call the branch-wide line shown below (NOT the analyst's line) to leave a message with a legislative assistant. You may also respond by: (1) calling the analyst/attorney's direct line (you will be connected to voice mail if the analyst does not answer); or (2) sending us a memo or letter Please include the LRM number shown above, and the subject shown below. TO: Robert J. Pellicci Phone: 395-4871 Fax: 395-6148 Office of Management and Budget Branch-Wide Line (to reach legislative assistant) : 395-7362 FROM: (Date) (Name) (Agency) (Telephone) The following is the response of our agency to your request for views on the above-captioned subject: Concur No Objection No Comment See proposed edits on pages Other: FAX RETURN of pages, attached to this response sheet=========== ATT CREATION TIME/DATE: 0 00:00:00.00 Unable to convert ARMS_EXT: [ATTACH.D15]ARMS27394838B.136 to ASCII, The following is a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ex-Dump Conversion June 25, 1999 (House) n.R. 1218 - Child Custody Protection Act (Rep. Ros-Lehtinen (R) FL and 129 cosponsors) The Administration strongly opposes enactment ofH.R. 1218 in its current form. If a bill is presented to the President that fails to address the concerns that are described below, the President's senior advisers would recommend that he veto it. During Congressional consideration of almost identical bills during the 105 th Congress, the Administration, in Statements of Administration Policy and in letters from former White House Chief-of-StaffErskine Bowles to the House and Senate Committees on the Judiciary, stated that it would support properly crafted legislation that would make it illegal to transport minors across state lines for the purpose of avoiding parental involvement requirements. Unfortunately, H.R. 1218, as reported by the House Committee on the Judiciary, also fails to address a number of the critical concerns raised by the Administration. Specifically, the bill must be amended to: Exclude close family members from criminal and civil liability. Under the legislation, grandmothers, aunts, and minor and adult siblings could face criminal prosecution for coming to the aid of a relative in distress. Ensure that persons who only provide information, counseling, referral, or medical services to the minor cannot be subject to liability. Address constitutional and other legal infirmities that the Department of Justice has identified in particular provisions of the legislation. These concerns were transmitted to the House Committee on the judiciary on June 24, 1998, and again on June 15, 1999. The Administration continues to be concerned that H.R. 1218 raises important federalism issues, including the rights of States to regulate matters within their own boundaries. The Administration believes, however, that legislation that addresses the concerns noted above, and that is carefully targeted at punishing non-relatives who transport minors across State lines for the purpose of avoiding parental involvement requirements, would mitigate the federalism and the Administration's other concerns. Pay-As-You-Go Scoring H.R. 1218 could affect both direct spending and receipts; therefore, it is subject to the pay-as-you-go requirement of the Omnibus Budget Reconciliation Act of 1990. OMB's preliminary scoring estimate of this bill is that it would have a net effect ofless than $500,000. ********** (Do Not Distribute Outside Executive Office of the President) Hex-Dump Conversion This Statement of Administration Policy was developed by the Legislative Reference Division (Pellicci) in consultation with HD ( ), TCJS ( ), EIML ( ), BASD ( ), and the White House Offices of Policy Development ( ), Legislative Affairs ( ), and the General Counsel ( ) . The Department of Justice ( ) and Health and Human Services ( ) OMB/LA Clearance: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ The proposed position is consistent with that taken on June 15, 1999, in a letter from the Justice Department to the House Committee on the JUdiciary. It also is consistent with SAPs and letters from former Chief-of-StaffBowles to the House and Senate Committees on the Judiciary on almost identical bills in the 10Sth Congress. Last year's bill (H.R. 3682) passed the House by a vote of 276-150, but the Senate was unable to invoke cloture on its version of the measure (S. 1645), and no further action was taken. H.R. 1218 was ordered reported by the House Committee on the Judiciary by a vote of 16-13 along party lines on June 23, 1999. Summary ofH.R. 1218 As ordered reported, H.R. 1218 would make it illegal for anyone -- other than the girl's parent or guardian -- to knowingly transport a minor across a State line to obtain an abortion in cases in which the minor has not satisfied her home State's laws regarding "parental involvement" (i.e., laws requiring parental consent or notification). H.R. 1218 would subject individuals violating the bill's provisions to civil and criminal penalties, including the possibility of imprisonment for up to.one year. The bill would allow an out-of-State abortion without parental notification if the abortion was necessary to save the minor's life. H.R. 1218 would make it an affirmative defense to prosecution under the bill that the defendant reasonably believed that before the individual obtained the abortion, parental consent or notification or judicial authorization that would have been required had the abortion been performed in the State where the individual resides, took place. In addition, under the bill any parent or guardian who is effected from the violation of a parental notification law would be allowed to seek civil action for damages. Currently, 22 States require parental consent for a minor to terminate her pregnancy while 17 States have opted for the lesser requirement of parent.al notification. Eleven States have no parental involvement requirements. Pay-As-You-Go Scoring According to BASD ( ), H.R. 1218 could affect direct spending and receipts; therefore, the bill is subject to the pay-as-you-go requirement of the Omnibus Budget Reconciliation Act of 1990. Hex-Dump Conversion Individuals prosecuted and convicted under H.R. 1218 could be subj ect to criminal fines. Collections of such fines are governmental receipts, which are deposited in the Crime Victims Fund and spent in the following year. OMB estimates that the scoring estimate of this bill is that it would have a net effect of less than $500,000. LEGISLATIVE REFERENCE DIVISION DRAFT 06/25/99 - 9:00 a.m. ,II 1- . 1\'