II
Calendar No. 559
105TH CONGRESS
2D SESSION
H. R. 3682
IN THE SENATE OF THE UNITED STATES
JULY 17, 1998
Received
SEPTEMBER 8 (legislative day, AUGUST 31), 1998
Read the first time
SEPTEMBER 9, 1998
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 to avoid laws requiring the
involvement of parents in abortion decisions.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Child Custody Protec-
tion Act’’.
SEC. 2. TRANSPORTATION OF MINORS TO AVOID CERTAIN
LAWS RELATING TO ABORTION.
(a) IN GENERAL.—Title 18, United States Code, is
amended by inserting after chapter 117 the following:
‘‘CHAPTER 
117A—TRANSPORTATION 
OF
MINORS TO AVOID CERTAIN LAWS RE-
LATING TO ABORTION
‘‘Sec.
‘‘2401. Transportation of minors to avoid certain laws relating to abortion.
‘‘§ 2401. Transportation of minors to avoid certain
laws relating to abortion
‘‘(a) OFFENSE.—
‘‘(1) GENERALLY.—Except as provided in sub-
section (b), whoever knowingly transports an individ-
ual who has not attained the age of 18 years across
a State line, with the intent that such individual ob-
tain an abortion, and thereby in fact abridges the
right of a parent under a law, requiring parental in-
volvement in a minor’s abortion decision, of the
State where the individual resides, shall be fined
under this title or imprisoned not more than one
year, or both.
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‘‘(2) DEFINITION.—For the purposes of this
subsection, an abridgement of the right of a parent
occurs if an abortion is performed on the individual,
in a State other than the State where the individual
resides, without the parental consent or notification,
or the judicial authorization, that would have been
required by that law had the abortion been per-
formed in the State where the individual resides.
‘‘(b) EXCEPTIONS.—(1) The prohibition of subsection
(a) does not apply if the abortion was necessary to save
the life of the minor because her life was endangered by
a physical disorder, physical injury, or physical illness, in-
cluding a life endangering physical condition caused by or
arising from the pregnancy itself.
‘‘(2) An individual transported in violation of this sec-
tion, and any parent of that individual, may not be pros-
ecuted or sued for a violation of this section, a conspiracy
to violate this section, or an offense under section 2 or
3 based on a violation of this section.
‘‘(c) AFFIRMATIVE DEFENSE.—It is an affirmative
defense to a prosecution for an offense, or to a civil action,
based on a violation of this section that the defendant rea-
sonably believed, based on information the defendant ob-
tained directly from a parent of the individual or other
compelling facts, that before the individual obtained the
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abortion, the parental consent or notification, or judicial
authorization took place that would have been required by
the law requiring parental involvement in a minor’s abor-
tion decision, had the abortion been performed in the
State where the individual resides.
‘‘(d) CIVIL ACTION.—Any parent who suffers legal
harm from a violation of subsection (a) may obtain appro-
priate relief in a civil action.
‘‘(e) DEFINITIONS.—For the purposes of this sec-
tion—
‘‘(1) a law requiring parental involvement in a
minor’s abortion decision is a law—
‘‘(A) requiring, before an abortion is per-
formed on a minor, either—
‘‘(i) the notification to, or consent of,
a parent of that minor; or
‘‘(ii) proceedings in a State court; and
‘‘(B) that does not provide as an alter-
native to the requirements described in sub-
paragraph (A) notification to or consent of any
person or entity who is not described in that
subparagraph;
‘‘(2) the term ‘parent’ means—
‘‘(A) a parent or guardian;
‘‘(B) a legal custodian; or
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‘‘(C) a person standing in loco parentis
who has care and control of the minor, and
with whom the minor regularly resides;
who is designated by the law requiring parental in-
volvement in the minor’s abortion decision as a per-
son to whom notification, or from whom consent, is
required;
‘‘(3) the term ‘minor’ means an individual who
is not older than the maximum age requiring paren-
tal notification or consent, or proceedings in a State
court, under the law requiring parental involvement
in a minor’s abortion decision; and
‘‘(4) the term ‘State’ includes the District of
Columbia and any commonwealth, possession, or
other territory of the United States.’’.
(b) CLERICAL AMENDMENT.—The table of chapters
for part I of title 18, United States Code, is amended by
inserting after the item relating to chapter 117 the follow-
ing new item:
‘‘117A. Transportation of minors to avoid certain laws relating to
abortion ............................................................................................
2401.’’.
Passed the House of Representatives July 15, 1998.
Attest:
ROBIN H. CARLE,
Clerk.