Child Custody Protection Act of 2021
Bill: S.16 | Sponsor: Sen. Portman, Rob (R-OH)
Policy area: Crime and Law Enforcement

Summary:
Child Custody Protection Act of 2021
This bill establishes new criminal offenses related to the transportation of a minor across state lines for an abortion.
Specifically, the bill makes it a crime to knowingly transport a minor across a state line to obtain an abortion without satisfying a parental involvement law in the minor's resident state. A parental involvement law requires parental consent or notification, or judicial authorization, for a minor to obtain an abortion.
A violator is subject to criminal penalties—a fine, up to one year in prison, or both. The bill provides an exception for an abortion that is necessary to save the life of a minor whose life is endangered by a physical disorder, illness, or condition.
Additionally, the bill imposes criminal penalties on an individual who commits incest with a minor and knowingly transports the minor across a state line to receive an abortion.

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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Custody Protection Act of 
2021''.

SEC. 2. TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS 
              RELATING TO ABORTION.

    (a) In General.--Part I of title 18, United States Code, is amended 
by inserting after chapter 117 the following:

 ``CHAPTER 117A--TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN 
                       LAWS RELATING TO ABORTION

``Sec.
``2431. Transportation of minors in circumvention of certain laws 
                            relating to abortion.
``2432. Transportation of minors in circumvention of certain laws 
                            relating to incest.
``Sec. 2431. Transportation of minors in circumvention of certain laws 
              relating to abortion
    ``(a) Definitions.--In this section--
            ``(1) the term `law requiring parental involvement in a 
        minor's abortion decision' means a law in force in the State in 
        which a minor resides that--
                    ``(A) requires, before an abortion is performed on 
                the minor--
                            ``(i) notification to, or consent of, a 
                        parent of the minor; or
                            ``(ii) judicial authorization from a State 
                        court; and
                    ``(B) does not provide as an alternative to the 
                requirements described in subparagraph (A)--
                            ``(i) notification to, or consent of, an 
                        individual who is not a parent of the minor; or
                            ``(ii) authorization from an entity that is 
                        not a State court;
            ``(2) the term `minor' means an individual who is not older 
        than the maximum age requiring parental notification or 
        consent, or judicial authorization from a State court, under a 
        law requiring parental involvement in a minor's abortion 
        decision;
            ``(3) the term `parent', with respect to a minor, means--
                    ``(A) a parent or guardian of the minor;
                    ``(B) a legal custodian of the minor; or
                    ``(C) an individual standing in loco parentis--
                            ``(i) who has care and control of the 
                        minor;
                            ``(ii) with whom the minor regularly 
                        resides; and
                            ``(iii) who is designated by a law 
                        requiring parental involvement in a minor's 
                        abortion decision as an individual to whom 
                        notification, or from whom consent, is 
                        required; and
            ``(4) the term `State' includes the District of Columbia 
        and any commonwealth, possession, or other territory of the 
        United States.
    ``(b) Offense.--
            ``(1) Generally.--Except as provided in subsection (c), 
        whoever knowingly transports a minor across a State line, with 
        the intent that the minor obtain an abortion, and thereby in 
        fact abridges the right of a parent of the minor under a law 
        requiring parental involvement in a minor's abortion decision, 
        shall be fined under this title or imprisoned not more than 1 
        year, or both.
            ``(2) Definition.--For purposes of this subsection, an 
        abridgement of the right of a parent of a minor occurs if an 
        abortion is performed on the minor, in a State other than the 
        State in which the minor resides, without the parental consent 
        or notification, or the judicial authorization, that would have 
        been required under a law requiring parental involvement in a 
        minor's abortion decision, had the abortion been performed in 
        the State in which the minor resides.
    ``(c) Exceptions.--
            ``(1) Life-endangering conditions.--The prohibition under 
        subsection (b) shall not apply in the case of an abortion that 
        is necessary to save the life of a minor because her life is 
        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) Minors and parents.--A minor transported in violation 
        of this section, and any parent of the 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 section.
    ``(d) 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 reasonably believed, based on 
information the defendant obtained directly from a parent of the minor 
or other compelling facts, that before the minor obtained the abortion, 
the parental consent or notification, or judicial authorization, that 
would have been required under the law requiring parental involvement 
in a minor's abortion decision, had the abortion been performed in the 
State in which the minor resides, took place.
    ``(e) Civil Action.--Any parent who suffers harm from a violation 
of subsection (b) may obtain appropriate relief in a civil action, 
unless the parent has committed an act of incest with the minor who was 
transported in violation of subsection (b).
``Sec. 2432. Transportation of minors in circumvention of certain laws 
              relating to incest
    ``Notwithstanding section 2431(c)(2), whoever has committed an act 
of incest with a minor and knowingly transports the minor across a 
State line with the intent that the minor obtain an abortion, shall be 
fined under this title or imprisoned not more than 1 year, or both.''.
    (b) Technical and Conforming 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 following:

``117A. Transportation of minors in circumvention of certain    2431''.
                            laws relating to abortion.
                                 <all>