II

Calendar No. 203

106TH CONGRESS

1ST SESSION H. R. 1218

IN THE SENATE OF THE UNITED STATES

JULY 1, 1999

Received and read the first time

JULY 12, 1999

Read the second time and placed on the calendar

AN ACT

To amend title 18, United States Code, to prohibit taking

minors across State lines in circumvention of laws requiring the involvement of parents in abortion decisions.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

HR 1218 PCS

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Child Custody Protec3 tion Act’’.

4 SEC. 2. TRANSPORTATION OF MINORS IN CIRCUMVENTION

5 OF CERTAIN LAWS RELATING TO ABORTION.

6 (a) IN GENERAL.—Title 18, United States Code, is

7 amended by inserting after chapter 117 the following:

8 ‘‘CHAPTER 117A—TRANSPORTATION OF

9 MINORS IN CIRCUMVENTION OF CER10 TAIN LAWS RELATING TO ABORTION

‘‘Sec.

‘‘2431. Transportation of minors in circumvention of certain laws relating to

abortion.

11 ‘‘§ 2431. Transportation of minors in circumvention of

12 certain laws relating to abortion

13 ‘‘(a) OFFENSE.—

14 ‘‘(1) GENERALLY.—Except as provided in sub15 section (b), whoever knowingly transports an indi16 vidual who has not attained the age of 18 years

17 across a State line, with the intent that such indi18 vidual obtain an abortion, and thereby in fact

19 abridges the right of a parent under a law requiring

20 parental involvement in a minor’s abortion decision,

21 in force in the State where the individual resides,

22 shall be fined under this title or imprisoned not

23 more than one year, or both.
3

HR 1218 PCS

1 ‘‘(2) DEFINITION.—For the purposes of this

2 subsection, an abridgement of the right of a parent

3 occurs if an abortion is performed on the individual,

4 in a State other than the State where the individual

5 resides, without the parental consent or notification,

6 or the judicial authorization, that would have been

7 required by that law had the abortion been per8 formed in the State where the individual resides.

9 ‘‘(b) EXCEPTIONS.—(1) The prohibition of subsection

10 (a) does not apply if the abortion was necessary to save

11 the life of the minor because her life was endangered by

12 a physical disorder, physical injury, or physical illness, in13 cluding a life endangering physical condition caused by or

14 arising from the pregnancy itself.

15 ‘‘(2) An individual transported in violation of this sec16 tion, and any parent of that individual, may not be pros17 ecuted or sued for a violation of this section, a conspiracy

18 to violate this section, or an offense under section 2 or

19 3 based on a violation of this section.

20 ‘‘(c) AFFIRMATIVE DEFENSE.—It is an affirmative

21 defense to a prosecution for an offense, or to a civil action,

22 based on a violation of this section that the defendant rea23 sonably believed, based on information the defendant ob24 tained directly from a parent of the individual or other

25 compelling facts, that before the individual obtained the
4

HR 1218 PCS

1 abortion, the parental consent or notification, or judicial

2 authorization took place that would have been required by

3 the law requiring parental involvement in a minor’s abor4 tion decision, had the abortion been performed in the

5 State where the individual resides.

6 ‘‘(d) CIVIL ACTION.—Any parent who suffers legal

7 harm from a violation of subsection (a) may obtain appro8 priate relief in a civil action.

9 ‘‘(e) DEFINITIONS.—For the purposes of this

10 section—

11 ‘‘(1) a law requiring parental involvement in a

12 minor’s abortion decision is a law—

13 ‘‘(A) requiring, before an abortion is per14 formed on a minor, either—

15 ‘‘(i) the notification to, or consent of,

16 a parent of that minor; or

17 ‘‘(ii) proceedings in a State court; and

18 ‘‘(B) that does not provide as an alter19 native to the requirements described in sub20 paragraph (A) notification to or consent of any

21 person or entity who is not described in that

22 subparagraph;

23 ‘‘(2) the term ‘parent’ means—

24 ‘‘(A) a parent or guardian;

25 ‘‘(B) a legal custodian; or
5

HR 1218 PCS

1 ‘‘(C) a person standing in loco parentis

2 who has care and control of the minor, and

3 with whom the minor regularly resides,

4 who is designated by the law requiring parental in5 volvement in the minor’s abortion decision as a per6 son to whom notification, or from whom consent, is

7 required;

8 ‘‘(3) the term ‘minor’ means an individual who

9 is not older than the maximum age requiring paren10 tal notification or consent, or proceedings in a State

11 court, under the law requiring parental involvement

12 in a minor’s abortion decision; and

13 ‘‘(4) the term ‘State’ includes the District of

14 Columbia and any commonwealth, possession, or

15 other territory of the United States.’’.

16 (b) CLERICAL AMENDMENT.—The table of chapters

17 for part I of title 18, United States Code, is amended by

18 inserting after the item relating to chapter 117 the fol19 lowing new item:

‘‘117A. Transportation of minors in circumvention of certain laws

relating to abortion .......................................................................... 2431’’.

Passed the House of Representatives June 30, 1999.

Attest: JEFF TRANDAHL,

Clerk.
Calendar No. 203

106TH CONGRESS

1ST SESSION H. R. 1218

AN ACT

To amend title 18, United States Code, to prohibit

abortion decisions.of laws requiring the involvement of parents intaking minors across State lines in circumvention

JULY 12, 1999

Read the second time and placed on the calendar