[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3682 Engrossed in House (EH)]


  2d Session

                               H. R. 3682

_______________________________________________________________________

                                 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.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
105th CONGRESS
  2d Session
                                H. R. 3682

_______________________________________________________________________

                                 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 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''.

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 RELATING 
                              TO ABORTION

``Sec.
``2401. Transportation of minors to avoid certain laws relating to 
                            abortion.
``Sec. 2401. Transportation of minors to avoid certain laws relating to 
              abortion
    ``(a) Offense.--
            ``(1) Generally.--Except as provided in subsection (b), 
        whoever knowingly transports an individual who has not attained 
        the age of 18 years across a State line, with the intent that 
        such individual obtain an abortion, and thereby in fact 
        abridges the right of a parent under a law, requiring parental 
        involvement 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.
            ``(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 performed 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, including a life endangering physical 
condition caused by or arising from the pregnancy itself.
    ``(2) An individual transported in violation of this section, and 
any parent of that individual, 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.
    ``(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 reasonably believed, based on 
information the defendant obtained directly from a parent of the 
individual or other compelling facts, that before the individual 
obtained the 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 abortion 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 appropriate relief in a civil 
action.
    ``(e) Definitions.--For the purposes of this section--
            ``(1) a law requiring parental involvement in a minor's 
        abortion decision is a law--
                    ``(A) requiring, before an abortion is performed 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 alternative to 
                the requirements described in subparagraph (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 involvement in 
        the minor's abortion decision as a person 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 parental 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 following new item:

``117A. Transportation of minors to avoid certain laws         2401.''.
relating to abortion.

            Passed the House of Representatives July 15, 1998.

            Attest:

                                                                 Clerk.