I 
108TH CONGRESS 
1ST SESSION H. R. 1755
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. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 10, 2003
Ms. ROS-LEHTINEN (for herself, Mr. BUYER, Mr. CHABOT, Mr. POMBO, Mr. 
WALSH, Mr. SOUDER, Mr. CUNNINGHAM, Mr. TIAHRT, Mr. BRADY of 
Texas, Mr. GREEN of Wisconsin, Mr. LIPINSKI, Mr. JANKLOW, Mr. NEY, 
Mr. SMITH of Texas, Mr. LEWIS of Kentucky, Mr. BLUNT, Mrs. EMER-
SON, Mr. COLLINS, Mr. LINDER, Mrs. CUBIN, Mr. WILSON of South 
Carolina, Mr. RENZI, Mr. GOODLATTE, Mr. MCCRERY, Mrs. NORTHUP, 
Mr. PETERSON of Pennsylvania, Mr. FOSSELLA, Mr. KENNEDY of Min-
nesota, Mr. BERRY, Mr. DELAY, Mr. HYDE, Mr. LINCOLN DIAZ-BALART 
of Florida, Mr. MARIO DIAZ-BALART of Florida, Mr. SMITH of New Jer-
sey, Mr. PITTS, Mrs. JO ANN DAVIS of Virginia, Mrs. BLACKBURN, Mrs. 
MILLER of Michigan, Ms. HART, Mrs. MUSGRAVE, Mr. AKIN, Mrs. 
MYRICK, Mr. WELDON of Florida, Mr. BARTON of Texas, Mr. SCHROCK, 
Mr. COSTELLO, Mr. TERRY, Mr. PORTMAN, Mr. KING of New York, Mr. 
GOODE, Mr. PUTNAM, Mr. MCINTYRE, Mr. BAKER, Mr. ADERHOLT, Mr. 
DEAL of Georgia, Mr. LATOURETTE, Mr. CANTOR, Mr. RYUN of Kansas, 
Mr. KING of Iowa, Mr. OBERSTAR, Mr. PENCE, Mr. PICKERING, Mr. 
HAYES, Mr. BARTLETT of Maryland, Mr. ROGERS of Michigan, Mr. 
TOOMEY, Mr. SULLIVAN, and Mr. BURTON of Indiana) introduced the 
following bill; which was referred to the Committee on the Judiciary 
A BILL 
To amend title 18, United States Code, to prohibit taking 
minors across State lines in circumvention of laws requir-
ing 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, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Child Custody Protec-
tion Act’’. 
SEC. 2. TRANSPORTATION OF MINORS IN CIRCUMVENTION 
OF 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 IN CIRCUMVENTION OF CER-
TAIN LAWS RELATING TO ABORTION
‘‘Sec. 
‘‘2431. Transportation of minors in circumvention of certain laws relating to 
abortion.
‘‘§ 2431. Transportation of minors in circumvention of 
certain laws relating to abortion 
‘‘(a) OFFENSE.—
‘‘(1) GENERALLY.—Except as provided in sub-
section (b), whoever knowingly transports a minor 
across a State line, with the intent that such minor 
obtain 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, in force in 
the State where the minor resides, shall be fined 
under this title or imprisoned not more than one 
year, or both.
‘‘(2) DEFINITION.—For the purposes of this 
subsection, an abridgement of the right of a parent 
occurs if an abortion is performed on the minor, in 
a State other than the State where the minor re-
sides, without the parental consent or notification, or 
the judicial authorization, that would have been re-
quired by that law had the abortion been performed 
in the State where the minor 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, 
including a life endangering physical condition 
caused by or arising from the pregnancy itself. 
‘‘(2) A minor transported in violation of this 
section, and any parent of that minor, may not be 
prosecuted 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 sec-
tion. 
‘‘(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 minor or other compel-
ling facts, that before the minor obtained the abortion, the 
parental consent or notification, or judicial authorization 
took place that would have been required by the law re-
quiring parental involvement in a minor’s abortion deci-
sion, had the abortion been performed in the State where 
the minor resides. 
‘‘(d) CIVIL ACTION.—Any parent who suffers harm 
from a violation of subsection (a) may obtain appropriate 
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’ means 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 
‘‘(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 fol-
lowing new item:
‘‘117A. Transportation of minors in circumvention of certain laws 
relating to abortion ..........................................................................
2431’’.
Æ