[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 78 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                 S. 78

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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 25, 2023

 Mr. Rubio (for himself, Mrs. Hyde-Smith, Mr. Risch, Mr. Lankford, Mr. 
 Thune, Mr. Cruz, Mr. Scott of South Carolina, Mr. Cramer, Mr. Braun, 
 Mr. Hawley, Mr. Kennedy, Mrs. Fischer, Mr. Cassidy, and Mr. Marshall) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
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 Interstate Abortion 
Notification Act of 2023''.

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

    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 abortion and incest.
``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 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, 
        in force in the State in which the minor resides, shall be 
        fined under this title or imprisoned not more than 1 year, or 
        both.
            ``(2) Definition.--For the purposes of this subsection, an 
        abridgement of the right of a parent of a minor occurs if an 
        abortion is performed or induced on the minor, in a State other 
        than the State in which the minor resides or in a foreign 
        country, 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.
    ``(b) Exceptions.--
            ``(1) Life-endangering conditions.--The prohibition under 
        subsection (a) shall not apply if the abortion is necessary to 
        save the life of the 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 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 of this title 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 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; 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 
described in 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 other substance or device to 
        intentionally--
                    ``(A) kill the unborn child of a woman known to be 
                pregnant; or
                    ``(B) prematurely terminate the pregnancy of a 
                woman known to be pregnant, with an intention other 
                than to--
                            ``(i) increase the probability of a live 
                        birth or of preserving the life or health of 
                        the child after live birth; or
                            ``(ii) remove a dead unborn child;
            ``(2) the term `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 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 a 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) 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 the law 
                        requiring parental involvement in the minor's 
                        abortion decision as an individual to whom 
                        notification, or from whom consent, is 
                        required; and
            ``(5) the term `State' includes--
                    ``(A) the District of Columbia;
                    ``(B) any commonwealth, possession, or other 
                territory of the United States; and
                    ``(C) any Indian Tribe or reservation.
``Sec. 2432. Transportation of minors in circumvention of certain laws 
              relating to abortion and incest
    ``(a) Offense.--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 the minor obtain an 
abortion, shall be fined under this title or imprisoned not more than 1 
year, or both.
    ``(b) Definitions.--For the purposes of this section, the terms 
`abortion', `minor', and `State' have the meanings given those terms in 
section 2435.''.

SEC. 3. CHILD INTERSTATE ABORTION NOTIFICATION.

    Part I of title 18, United States Code, is amended by inserting 
after chapter 117A (as added by section 2) 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 1 year, or both.
            ``(2) Parental notification.--
                    ``(A) Actual notice.--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 or induced shall provide, or cause his or her 
                agent to provide, not less than 24 hours actual notice 
                to a parent of the minor before performing or inducing 
                the abortion.
                    ``(B) Constructive notice.--If actual notice to a 
                parent under subparagraph (A) is not accomplished after 
                a reasonable effort has been made, not less than 24 
                hours constructive notice shall be given to a parent of 
                the minor before the abortion is performed or induced.
    ``(b) Exceptions.--The notification requirement under subsection 
(a)(2) shall 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, except that an exception under this paragraph 
        shall not apply unless the attending physician or an agent of 
        such physician, not later than 24 hours after completion of the 
        abortion, notifies a parent of the minor 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 or her 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 
described in 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 other substance or device to 
        intentionally--
                    ``(A) kill the unborn child of a woman known to be 
                pregnant; or
                    ``(B) prematurely terminate the pregnancy of a 
                woman known to be pregnant, with an intention other 
                than to--
                            ``(i) increase the probability of a live 
                        birth or of preserving the life or health of 
                        the child after live birth; or
                            ``(ii) remove a dead 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, excluding days on which mail 
        is not delivered;
            ``(4) the term `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 not 
                described in that subparagraph;
            ``(5) the term `minor' means an individual who--
                    ``(A) has not attained the age of 18 years; and
                    ``(B) is not emancipated under the law of the State 
                in which the individual resides;
            ``(6) the term `parent' means--
                    ``(A) a parent or guardian;
                    ``(B) a legal custodian; or
                    ``(C) an individual standing in loco parentis--
                            ``(i) who has care and control of the 
                        minor; and
                            ``(ii) with whom the minor regularly 
                        resides,
        as determined by State law;
            ``(7) the term `physician' means--
                    ``(A) a doctor of medicine legally authorized to 
                practice medicine by the State in which the doctor 
                practices medicine; or
                    ``(B) any other person legally empowered under 
                State law to perform an abortion; and
            ``(8) the term `State' includes--
                    ``(A) the District of Columbia;
                    ``(B) any commonwealth, possession, or other 
                territory of the United States; and
                    ``(C) 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      2431 
                            laws relating to abortion.
``117B. Child interstate abortion notification..............    2435''.

SEC. 5. SEVERABILITY AND EFFECTIVE DATE.

    (a) Severability.--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) Effective Date.--This Act and the amendments made by this Act 
shall take effect 45 days after the date of enactment of this Act.
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