[House Report 109-679]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     109-679

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  PROVIDING FOR CONSIDERATION OF S. 403, CHILD CUSTODY PROTECTION ACT

                                _______
                                

 September 25, 2006.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

   Mr. Gingrey, from the Committee on Rules, submitted the following

                              R E P O R T

                      [To accompany H. Res. 1039]

    The Committee on Rules, having had under consideration 
House Resolution 1039, by a nonrecord vote, reports the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for the consideration of S. 403, 
the Child Custody Protection Act, under a closed rule. The rule 
provides one hour of debate in the House equally divided and 
controlled by the Chairman and Ranking Minority Member of the 
Committee on the Judiciary. The rule waives all points of order 
against consideration of the bill.
    The rule provides that the amendment in the nature of a 
substitute printed in this report shall be considered as 
adopted. Finally, the rule provides one motion to recommit with 
or without instructions.

                         EXPLANATION OF WAIVERS

    The Committee on Rules is not aware of any points of order 
against consideration of the Senate bill. The waiver of all 
points of order against consideration is prophylactic in 
nature.

                            COMMITTEE VOTES

    Pursuant to clause 3(b) of House rule XIII the results of 
each record vote on an amendment or motion to report, together 
with the names of those voting for and against, are printed 
below:

Rules Committee record vote No. 244

    Date: September 25, 2006.
    Measure: S. 403, Child Custody Protection Act.
    Motion by: Mrs. Slaughter.
    Summary of motion: To report an open rule.
    Results: Defeated 4 to 8.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Bishop--Nay; Gingrey--
Nay; Slaughter--Yea; McGovern--Yea; Hastings (FL)--Yea; 
Matsui--Yea; Dreier--Nay.

   SUMMARY OF AMENDMENT IN THE NATURE OF A SUBSTITUTE CONSIDERED AS 
                                ADOPTED 

    Sensenbrenner (WI): Amendment in the nature of a 
substitute. Substantially similar to H.R. 748 (passed House 
270-157 in April, 2005) with the following changes: (1) 
contains Senate clarifying provisions, which prevent a parent 
who has committed incest from being able to obtain money 
damages under the bill's provisions. (2) makes an exception to 
the notification requirement if a parent is physically present 
when the minor shows up to get the abortion, and makes clear 
that the parental notification may be provided by an agent of 
the abortionist. Also makes a technical change to the 
definition of ``abortion'' to exclude treatment for potentially 
dangerous ``ectopic'' pregnancies and creates a new ``medical 
emergency exception.'' Also makes clear that the bill applies 
when state lines are crossed to enter any foreign nation or 
Native American land. 

 TEXT OF AMENDMENT IN THE NATURE OF A SUBSTITUTE CONSIDERED AS ADOPTED

  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Child Interstate Abortion 
Notification Act''.

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

  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 abortion.

``Sec. 2431. Transportation of minors in circumvention of certain laws 
                    relating to abortion

  ``(a) Offense.--
          ``(1) Generally.--Except as provided in subsection 
        (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 involvement 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 or induced on the 
        minor, in a State or a foreign nation other than the 
        State where the minor 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 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 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--
          ``(1) reasonably believed, based on information the 
        defendant obtained directly from a parent of the minor, 
        that before the minor obtained the abortion, the 
        parental consent or notification 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 minor 
        resides; or
          ``(2) was presented with documentation showing with a 
        reasonable degree of certainty that a court in the 
        minor's State of residence waived any parental 
        notification required by the laws of that State, or 
        otherwise authorized that the minor be allowed to 
        procure an abortion.
  ``(d) Civil Action.--Any parent who suffers harm from a 
violation of subsection (a) may obtain appropriate relief in a 
civil action unless the parent has committed an act of incest 
with the minor subject to subsection (a).
  ``(e) Definitions.--For the purposes of this section--
          ``(1) the term `abortion' means the use or 
        prescription of any instrument, medicine, drug, or any 
        other substance or device intentionally to terminate 
        the pregnancy of a female known to be pregnant, with an 
        intention other than to increase the probability of a 
        live birth, to preserve the life or health of the child 
        after live birth, to terminate an ectopic pregnancy, or 
        to remove a dead unborn child who died as the result of 
        a spontaneous abortion, accidental trauma or a criminal 
        assault on the pregnant female or her unborn child;
          ``(2) the term a `law requiring parental involvement 
        in a minor's abortion decision' means 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;
          ``(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;
          ``(4) 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; and
          ``(5) the term `State' includes the District of 
        Columbia and any commonwealth, possession, or other 
        territory of the United States, and any Indian tribe or 
        reservation.

``Sec. 2432. Transportation of minors in circumvention of certain laws 
                    relating to abortion

  ``Notwithstanding section 2431(b)(2), whoever has committed 
an act of incest with a minor and knowingly transports the 
minor across a State line with the intent that such minor 
obtain an abortion, shall be fined under this title or 
imprisoned not more than one year, or both. For the purposes of 
this section, the terms `State', `minor', and `abortion' have, 
respectively, the definitions given those terms in section 
2435.''.

SEC. 3. CHILD INTERSTATE ABORTION NOTIFICATION.

  Title 18, United States Code, is amended by inserting after 
chapter 117A the following:

         ``CHAPTER 117B--CHILD INTERSTATE ABORTION NOTIFICATION

``Sec
``2435. Child interstate abortion notification

``Sec. 2435. Child interstate abortion notification

  ``(a) Offense.--
          ``(1) Generally.--A physician who knowingly performs 
        or induces an abortion on a minor in violation of the 
        requirements of this section shall be fined under this 
        title or imprisoned not more than one year, or both.
          ``(2) Parental notification.--A physician who 
        performs or induces an abortion on a minor who is a 
        resident of a State other than the State in which the 
        abortion is performed must provide, or cause his or her 
        agent to provide, at least 24 hours actual notice to a 
        parent of the minor before performing the abortion. If 
        actual notice to such parent is not possible after a 
        reasonable effort has been made, 24 hours constructive 
        notice must be given to a parent.
  ``(b) Exceptions.--The notification requirement of subsection 
(a)(2) does not apply if--
          ``(1) the abortion is performed or induced in a State 
        that has, in force, a law requiring parental 
        involvement in a minor's abortion decision and the 
        physician complies with the requirements of that law;
          ``(2) the physician is presented with documentation 
        showing with a reasonable degree of certainty that a 
        court in the minor's State of residence has waived any 
        parental notification required by the laws of that 
        State, or has otherwise authorized that the minor be 
        allowed to procure an abortion;
          ``(3) the minor declares in a signed written 
        statement that she is the victim of sexual abuse, 
        neglect, or physical abuse by a parent, and, before an 
        abortion is performed on the minor, the physician 
        notifies the authorities specified to receive reports 
        of child abuse or neglect by the law of the State in 
        which the minor resides of the known or suspected abuse 
        or neglect;
          ``(4) the abortion is 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, or because in 
        the reasonable medical judgment of the minor's 
        attending physician, the delay in performing an 
        abortion occasioned by fulfilling the prior 
        notification requirement of subsection (a)(2) would 
        cause a substantial and irreversible impairment of a 
        major bodily function of the minor arising from 
        continued pregnancy, not including psychological or 
        emotional conditions, but an exception under this 
        paragraph does not apply unless the attending  
        physician or an agent of such physician, within 24 
        hours after completion of the abortion, notifies a 
        parent in writing that an abortion was performed on the 
        minor and of the circumstances that warranted 
        invocation of this paragraph; or
          ``(5) the minor is physically accompanied by a person 
        who presents the physician or his agent with 
        documentation showing with a reasonable degree of 
        certainty that he or she is in fact the parent of that 
        minor.
  ``(c) Civil Action.--Any parent who suffers harm from a 
violation of subsection (a) may obtain appropriate relief in a 
civil action unless the parent has committed an act of incest 
with the minor subject to subsection (a).
  ``(d) Definitions.--For the purposes of this section--
          ``(1) the term `abortion' means the use or 
        prescription of any instrument, medicine, drug, or any 
        other substance or device intentionally to terminate 
        the pregnancy of a female known to be pregnant, with an 
        intention other than to increase the probability of a 
        live birth, to preserve the life or health of the child 
        after live birth, to terminate an ectopic pregnancy, or 
        to remove a dead unborn child who died as the result of 
        a spontaneous abortion, accidental trauma, or a 
        criminal assault on the pregnant female or her unborn 
        child;
          ``(2) the term `actual notice' means the giving of 
        written notice directly, in person, by the physician or 
        any agent of the physician;
          ``(3) the term `constructive notice' means notice 
        that is given by certified mail, return receipt 
        requested, restricted delivery to the last known 
        address of the person being notified, with delivery 
        deemed to have occurred 48 hours following noon on the 
        next day subsequent to mailing on which regular mail 
        delivery takes place, days on which mail is not 
        delivered excluded;
          ``(4) the term a `law requiring parental involvement 
        in a minor's abortion decision' means 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;
                  ``(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;
          ``(5) the term `minor' means an individual who is not 
        older than 18 years and who is not emancipated under 
        State law;
          ``(6) 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;
        as determined by State law;
          ``(7) the term `physician' means a doctor of medicine 
        legally authorized to practice medicine by the State in 
        which such doctor practices medicine, or any other 
        person legally empowered under State law to perform an 
        abortion; and
          ``(8) the term `State' includes the District of 
        Columbia and any commonwealth, possession, or other 
        territory of the United States, and any Indian tribe or 
        reservation.''.

SEC. 4. CLERICAL AMENDMENT.

  The table of chapters at the beginning of part I of title 18, 
United States Code, is amended by inserting after the item 
relating to chapter 117 the following new items:

``117A. Transportation of minors in circumvention of certain laws 
              relating to abortion................................ 2431 
``117B. Child interstate abortion notification...................2435''.

SEC. 5. SEVERABILITY AND EFFECTIVE DATE.

  (a) The provisions of this Act shall be severable. If any 
provision of this Act, or any application thereof, is found 
unconstitutional, that finding shall not affect any provision 
or application of the Act not so adjudicated.
  (b) This Act and the amendments made by this Act shall take 
effect 45 days after the date of enactment of this Act.

                               Resolution

    Resolved, That upon the adoption of this resolution it 
shall be in order without intervention of any point of order to 
consider in the House the bill (S. 403) 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. The amendment in the nature of a 
substitute printed in the report of the Committee on Rules 
accompanying this resolution shall be considered as adopted. 
The bill, as amended, shall be considered as read. The previous 
question shall be considered as ordered on the bill, as 
amended, to final passage without intervening motion except: 
(1) one hour of debate equally divided and controlled by the 
chairman and ranking minority member of the Committee on the 
Judiciary; and (2) one motion to commit with or without 
instructions.

                                  
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