House Approves Amended Version Of Bill That Would Criminalize Assisting Minors To Circumvent State Parental Notification Laws

The House on Tuesday voted 264-153 to approve an amended version of a measure (S 403) that would allow federal charges to be filed against any individual who transports a minor across state lines for the purpose of evading state abortion parental notification or consent laws, the Los Angeles Times reports (Levey, Los Angeles Times, 9/27). The measure, sponsored by Sen. John Ensign (R-Nev.), includes an exception if an abortion is necessary to save the life of a pregnant minor. In addition, the bill would bar a father who rapes his daughter from suing anyone who assists in her abortion, as well as bars anyone committing incest on a minor from transporting her to another state to obtain an abortion. The Senate in July voted 65-34 to approve the legislation, which says people who violate the measure would be subject to a fine or up to one year in prison (Kaiser Daily Women's Health Policy Report, 7/26). The House added a provision to the Senate-approved bill that would require out-of-state physicians to provide 24 hours' notice to a minor's parents when performing an abortion or they will be subject to criminal prosecution. The House version also would authorize fines of up to $100,000 or up to one year in prison, or both, for people who violate the legislation. According to the AP/Houston Chronicle, there is a "slim" chance that the House and Senate will approve compromise legislation before the end of the current congressional session (Abrams, AP/Houston Chronicle, 9/26). Senate Majority Leader Bill Frist (R-Tenn.) is "under pressure" to approve other legislation this week, and consideration of the House-approved version of Ensign's measure is unlikely to occur before Congress recesses for the November elections at the end of this week, the Times reports. On Tuesday, 215 Republicans and 49 Democrats voted for the amended measure, while 143 Democrats, nine Republicans and one independent voted against it (Los Angeles Times, 9/27).

Reaction
Rep. James Sensenbrenner (R-Wis.), chair of the House Judiciary Committee, said the Senate-approved bill has "loopholes wide enough to drive a 16-wheeler through," noting that the House added provisions similar to measures the chamber had previously approved "in the hopes that the Senate will look at this modified bill in prayerful reflection and send it on to the president." Rep. Jerrold Nadler (D-N.Y.), who opposed the legislation, said, "Not since the enactment of the Fugitive Slave Act in 1850 have we used the powers of the federal government to enforce the laws of one state on the territory of another" (AP/Houston Chronicle, 9/26). Rep. Barbara Lee (D-Calif.) said the measure would "turn back the clock not only on choice, but for privacy of young women." However, Rep. Ileana Ros-Lehtinen (R-Fla.) said the bill protects minors from "exploitation" by abortion clinics and "fosters strong family ties" (Kenen, Reuters, 9/26). Family Research Council President Tony Perkins in a statement said, "This is the only pro-life legislation considered by Congress this session, and the Senate must get it done." NARAL Pro-Choice America President Nancy Keenan said, "It's clear that anti-choice congressional leaders are using this controversial legislation to rally their far-right base only a few weeks before the midterm election" (Los Angeles Times, 9/27).

NPR's "Morning Edition" on Wednesday reported on health issues pending action before the congressional recess, including transporting minors across state lines to evade state abortion parental notification or consent laws. The segment includes comments from Reps. JoAnn Emerson (R-Mo.), Nadler and Sensenbrenner (Rovner, "Morning Edition," NPR, 9/27). The complete segment is available online in RealPlayer.

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