[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 748 Received in Senate (RDS)]

  1st Session
                                H. R. 748


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 28, 2005

                                Received

                              July 1, 2005

                          Read the first time

_______________________________________________________________________

                                 AN ACT


 
To amend title 18, United States Code, to prevent the transportation of 
 minors in circumvention of certain laws relating to abortion, and for 
                            other purposes.

    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 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.
``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 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.
    ``(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, 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.''.

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.
``2432. Child interstate abortion notification.
``Sec. 2432. 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 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 a law in force 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; or
            ``(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.
    ``(c) Civil Action.--Any parent who suffers harm from a violation 
of subsection (a) may obtain appropriate relief in a civil action.
    ``(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, 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;
            ``(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.''.

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      2431 
                            laws relating to abortion.
``117B. Child interstate abortion notification..............    2432''.

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) The provisions of this Act shall take effect upon enactment.

            Passed the House of Representatives April 27, 2005.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.