To amend title 18, United States Code, to prohibit taking minors across States lines in circumvention of laws requiring the involvement of parents in abortion decisions.

SA 4323. Mr. FRIST proposed an amendment to amendment SA 4322
proposed by Mr. Kennedy to the bill S. 2766, to authorize
appropriations for fiscal year 2007 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Forces, and for other
purposes; as follows:

At the end of the amendment add the following:

SEC. __. 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 CERTAIN
LAWS RELATING TO ABORTION

``Sec.
``2431.  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.--

[[Page S6092]]

``(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 on the minor, in a State 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 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
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.
``(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 section--
``(1) 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;
``(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 in circumvention of certain laws
relating to abortion..........................................2431''.
______