[Congressional Record Volume 152, Number 123 (Wednesday, September 27, 2006)]
[Senate]
[Pages S10345-S10346]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               CHILD INTERSTATE ABORTION NOTIFICATION ACT

  Mr. BENNETT. Mr. President, I ask that the Chair lay before the 
Senate a message from the House of Representatives on 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 PRESIDING OFFICER laid before the Senate the following message 
from the House of Representatives:

                                 S. 403

       Resolved, That the bill from the Senate (S. 403) entitled 
     ``An Act 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'', 
     do pass with the following amendment:
       Strike out all after the enacting clause and insert:

     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--

[[Page S10346]]

       ``(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.


                           Amendment No. 5090

  Mr. BENNETT. Mr. President, on behalf of the majority leader, I move 
to concur in the amendment of the House and send an amendment to the 
desk and ask for its immediate consideration.
  The PRESIDING OFFICER. Without objection, the motion is agreed to.
  The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Utah [Mr. Bennett], for Mr. Frist, 
     proposes an amendment numbered 5090 to the House amendment.

  Mr. BENNETT. I ask that the reading of the amendment be dispensed 
with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       On page 12, line 2, strike ``45 days'' and insert ``46 
     days''

  Mr. BENNETT. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The yeas and nays were ordered.


                amendment no. 5091 to amendment no. 5090

  Mr. BENNETT. Mr. President, on behalf of the majority leader, I send 
a second-degree amendment to the desk.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Utah [Mr. Bennett], for Mr. Frist, 
     proposes an amendment numbered 5091 to amendment No. 5090.

  Mr. BENNETT. Mr. President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       Strike ``46 days'' and insert ``44 days''.


                             cloture motion

  Mr. BENNETT. Mr. President, on behalf of the leader, I send a cloture 
motion to the desk.
  The PRESIDING OFFICER. Without objection, the cloture motion having 
been presented under rule XXII, the Chair directs the clerk to read the 
motion.
  The assistant legislative clerk read as follows:

                             Cloture Motion

  We the undersigned Senators, in accordance with the provisions of 
rule XXII of the Standing Rules of the Senate, do hereby move to bring 
to a close debate on the motion to concur in the House amendment to S. 
403: 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.
         Bill Frist, John Ensign, Tom Coburn, Craig Thomas, Jim 
           DeMint, Wayne Allard, Mitch McConnell, Trent Lott, Jim 
           Bunning, Conrad Burns, Ted Stevens, Johnny Isakson, 
           John Cornyn, Jeff Sessions, Larry Craig, Mike Crapo, 
           John Thune.

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