Mr. Speaker, it is very difficult to keep my temper when I listen to the sophistry of the distinguished, and I use that word advisedly because of protocol only, Chairman.
First of all, it is not true that the minority had a chance to see these comments. The distinguished chairman is very well aware that we do not see the majority views of the committee until after we hand in the minority views of the committee, the dissenting views, until in fact they are published. The majority sees the dissenting views. We never see the majority views. We have no opportunity to reply, number one.
Number two. The distinguished chairman says, and the other gentleman said that the question is intent versus effect; that it may have been my intent to deal with grandparents and clergy members, but in fact it might have led to a sexual predator being able to take advantage of the amendment. That would be fair comment in a debate. That would be fair comment in the body of the views, if they said in the majority views we oppose this amendment because under certain circumstances it might be used to the advantage of a sexual predator. And to that we could reply and say, no, they are wrong because, in the minority views. But that is not what we are discussing. We are not discussing an exchange of views. We are discussing how the amendment is reported in a one-sentence summary of the amendment without any views.
The amendment, and here the report simply lies about all five Democratic amendments. In reporting the amendment, the first amendment, which reads in its entirety, the actual text of the amendment offered by me was: ``The prohibition of subsection 8 does not apply with respect to conduct by a grandparent or adult sibling of the minor.''
In the 107th Congress House Judiciary Report on the same amendment it was reported as follows: ``An amendment was offered by Mr. Nadler prohibiting H.R. 476 from applying with respect to conduct by a grandparent or adult sibling of the minor.'' That is exactly right. In fact, that is how the amendment, which was made in order for the floor, was reported by the Committee on Rules.
What does this dishonest committee report say? ``Mr. Nadler offered an amendment that would have exempted sexual predators from prosecution under the bill if they were grandparents or adult siblings of a minor.'' I find it strange in the entire debate, and I give the chairman credit for including the transcript of the debate in the committee report, but if you actually turn to the debate and look at the transcript, no one raised the question of the application of this amendment to sexual predators. No member of the majority, no member of the minority. It did not occur to anybody.
Now, maybe it should have occurred to somebody. Maybe the views are valid that this amendment could be used that way. Maybe not. That is a matter of opinion. But that is not what this amendment says. What this amendment says is that these prohibitions shall not apply with respect to conduct by a grandparent or an adult sibling of the minor, period. That is the only honest way to report this amendment.
Second amendment. The second amendment which I offered said that where there is reason to believe that the judicial bypass system in a State is not real, that the local judges are bypassed or whatever, the person can go to Federal court and ask for a Federal judicial bypass. Now, you can agree or disagree with the implications of that amendment, but the proper description of that amendment is to provide a Federal judicial bypass where there is evidence that the local judicial bypass is not available.
It is described on page 45 of the committee report as: ``Mr. Nadler offered an amendment that would have created an additional layer of Federal court review that could be used by sexual predators to escape conviction under the bill.'' Now, it is a judicial bypass of getting an abortion. It has nothing to do with conviction, number one. Number two, this does not even mention judicial bypass. It is entirely dishonest. And, again, in the entire debate in the committee over this amendment, nobody mentioned the word sexual predators. The first we hear of sexual predators in connection with these amendments is when we are told, when we see the committee report in print that I offered an amendment to protect sexual predators. How dishonest. How disingenuous of an argument that we hear on this floor and in the Committee on Rules last night that these are matters of opinion; that the amendments might be used.
You know, this bill, never mind the amendment, this bill has a provision in it that says that the parents of a minor transported across State lines to get an abortion can sue the person who transported them, can sue the doctor who performs an abortion. Okay, you can debate that provision on the merits, pro and con. But did you stop to think what if the father raped the daughter, committing incest in doing so? Two crimes, rape and incest, and caused the pregnancy that she is now trying to abort. Under this bill, he profits from his wrongdoing. He now, because he raped the daughter and caused the pregnancy, he can now because of this bill go and sue the doctor or the boyfriend or the clergyman or the grandmother who transported her to get the abortion.
Well, that is a defect in the bill. It was not drafted properly. I doubt that that was the intent. And maybe it was the intent, maybe it was not. We can debate that. Would it be fair for a news report or an official report of this Congress to call this entire bill the Rapists and Sexual Predators Right to Sue Act? That is what this bill is, it is the Sexual Predators Right to Sue Act. And if the Democrats were in the majority and the Committee on Rules reported a rule saying we will now consider the Sexual Predators Right to Sue Act, I think the gentleman from Wisconsin (Mr. Sensenbrenner) would say that is a disgusting misuse of power.
This was a disgusting misuse of power. It is a rape of the rules of this House and it must be corrected.