9:02 AM 25 Jun 1999
| from: |
Robert J. |
| to: |
Adrienne C., Barry T., Broderick, Christopher C. Jennings, Daniel N. Mendelson, David J., Devorah R., Elena Kagan, Jennifer M., John E. Thompson, Mark E., Nicole R. Rabner, Sarah, Sylvia M. Mathews, Thomas |
| cc: |
James J. Jukes, Janet R. Forsgren, Lisa, Sandra |
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 HEX DUMP:
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Hex-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\'
