II 

115TH CONGRESS 

1ST SESSION S. 224 

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 24, 2017 

Mr. RUBIO (for himself, Mr. HATCH, Mr. CRUZ, Mr. BLUNT, and Mr. 

DAINES) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Child Interstate Abor5 tion Notification Act’’. 

6 SEC. 2. TRANSPORTATION OF MINORS IN CIRCUMVENTION 

7 OF CERTAIN LAWS RELATING TO ABORTION. 

8 Part I of title 18, United States Code, is amended 

9 by inserting after chapter 117 the following: 


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1 ‘‘CHAPTER 117A—TRANSPORTATION OF 

2 MINORS IN CIRCUMVENTION OF CER3 TAIN 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. 

4 ‘‘§ 2431. Transportation of minors in circumvention of 

5 certain laws relating to abortion 

6 ‘‘(a) OFFENSE.— 

7 ‘‘(1) GENERALLY.—Except as provided in sub8 section (b), whoever knowingly transports a minor 

9 across a State line, with the intent that the minor 

10 obtain an abortion, and thereby in fact abridges the 

11 right of a parent of the minor under a law requiring 

12 parental involvement in a minor’s abortion decision, 

13 in force in the State in which the minor resides, 

14 shall be fined under this title or imprisoned not 

15 more than 1 year, or both. 

16 ‘‘(2) DEFINITION.—For the purposes of this 

17 subsection, an abridgement of the right of a parent 

18 of a minor occurs if an abortion is performed or in19 duced on the minor, in a State other than the State 

20 in which the minor resides or in a foreign country, 

21 without the parental consent or notification, or the 

22 judicial authorization, that would have been required 

23 under a law requiring parental involvement in a miVerDate Sep 11 2014 00:17 Feb 02, 2017 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S224.IS S224

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1 nor’s abortion decision had the abortion been per2 formed in the State in which the minor resides. 

3 ‘‘(b) EXCEPTIONS.— 

4 ‘‘(1) LIFE-ENDANGERING CONDITIONS.—The 

5 prohibition under subsection (a) shall not apply if 

6 the abortion is necessary to save the life of the 

7 minor because her life is endangered by a physical 

8 disorder, physical injury, or physical illness, includ9 ing a life endangering physical condition caused by 

10 or arising from the pregnancy itself. 

11 ‘‘(2) MINORS AND PARENTS.—A minor trans12 ported in violation of this section, and any parent of 

13 that minor, may not be prosecuted or sued for a vio14 lation of this section, a conspiracy to violate this sec15 tion, or an offense under section 2 or 3 of this title 

16 based on a violation of this section. 

17 ‘‘(c) AFFIRMATIVE DEFENSE.—It is an affirmative 

18 defense to a prosecution for an offense, or to a civil action, 

19 based on a violation of this section that the defendant— 

20 ‘‘(1) reasonably believed, based on information 

21 the defendant obtained directly from a parent of the 

22 minor, that before the minor obtained the abortion, 

23 the parental consent or notification took place that 

24 would have been required under the law requiring 

25 parental involvement in a minor’s abortion decision, 


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1 had the abortion been performed in the State in 

2 which the minor resides; or 

3 ‘‘(2) was presented with documentation showing 

4 with a reasonable degree of certainty that a court in 

5 the minor’s State of residence waived any parental 

6 notification required by the laws of that State, or 

7 otherwise authorized that the minor be allowed to 

8 procure an abortion. 

9 ‘‘(d) CIVIL ACTION.—Any parent who suffers harm 

10 from a violation of subsection (a) may obtain appropriate 

11 relief in a civil action unless the parent has committed 

12 an act of incest with the minor described in subsection 

13 (a). 

14 ‘‘(e) DEFINITIONS.—For the purposes of this sec15 tion— 

16 ‘‘(1) the term ‘abortion’ means the use or pre17 scription of any instrument, medicine, drug, or other 

18 substance or device to intentionally— 

19 ‘‘(A) kill the unborn child of a woman 

20 known to be pregnant; or 

21 ‘‘(B) prematurely terminate the pregnancy 

22 of a woman known to be pregnant, with an in23 tention other than to— 


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1 ‘‘(i) increase the probability of a live 

2 birth or of preserving the life or health of 

3 the child after live birth; or 

4 ‘‘(ii) remove a dead unborn child; 

5 ‘‘(2) the term ‘law requiring parental involve6 ment in a minor’s abortion decision’ means a law— 

7 ‘‘(A) requiring, before an abortion is per8 formed on a minor, either— 

9 ‘‘(i) the notification to, or consent of, 

10 a parent of that minor; or 

11 ‘‘(ii) proceedings in a State court; and 

12 ‘‘(B) that does not provide as an alter13 native to the requirements described in sub14 paragraph (A) notification to or consent of any 

15 person or entity not described in that subpara16 graph; 

17 ‘‘(3) the term ‘minor’ means an individual who 

18 is not older than the maximum age requiring paren19 tal notification or consent, or proceedings in a State 

20 court, under a law requiring parental involvement in 

21 a minor’s abortion decision; 

22 ‘‘(4) the term ‘parent’ means— 

23 ‘‘(A) a parent or guardian; 

24 ‘‘(B) a legal custodian; or 


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1 ‘‘(C) an individual standing in loco 

2 parentis— 

3 ‘‘(i) who has care and control of the 

4 minor; 

5 ‘‘(ii) with whom the minor regularly 

6 resides; and 

7 ‘‘(iii) who is designated by the law re8 quiring parental involvement in the minor’s 

9 abortion decision as an individual to whom 

10 notification, or from whom consent, is re11 quired; and 

12 ‘‘(5) the term ‘State’ includes— 

13 ‘‘(A) the District of Columbia; 

14 ‘‘(B) any commonwealth, possession, or 

15 other territory of the United States; and 

16 ‘‘(C) any Indian tribe or reservation. 

17 ‘‘§ 2432. Transportation of minors in circumvention of 

18 certain laws relating to abortion and in19 cest 

20 ‘‘(a) OFFENSE.—Notwithstanding section 

21 2431(b)(2), whoever has committed an act of incest with 

22 a minor and knowingly transports the minor across a 

23 State line with the intent that the minor obtain an abor24 tion, shall be fined under this title or imprisoned not more 

25 than 1 year, or both. 


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1 ‘‘(b) DEFINITIONS.—For the purposes of this section, 

2 the terms ‘abortion’, ‘minor’, and ‘State’ have the mean3 ings given those terms in section 2435.’’. 

4 SEC. 3. CHILD INTERSTATE ABORTION NOTIFICATION. 

5 Part I of title 18, United States Code, is amended 

6 by inserting after chapter 117A (as added by section 2) 

7 the following: 

8 ‘‘CHAPTER 117B—CHILD INTERSTATE 

9 ABORTION NOTIFICATION 

‘‘Sec. 

‘‘2435. Child interstate abortion notification. 

10 ‘‘§ 2435. Child interstate abortion notification 

11 ‘‘(a) OFFENSE.— 

12 ‘‘(1) GENERALLY.—A physician who knowingly 

13 performs or induces an abortion on a minor in viola14 tion of the requirements of this section shall be fined 

15 under this title or imprisoned not more than 1 year, 

16 or both. 

17 ‘‘(2) PARENTAL NOTIFICATION.— 

18 ‘‘(A) ACTUAL NOTICE.—A physician who 

19 performs or induces an abortion on a minor 

20 who is a resident of a State other than the 

21 State in which the abortion is performed or in22 duced shall provide, or cause his or her agent 

23 to provide, not less than 24 hours actual notice 


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1 to a parent of the minor before performing or 

2 inducing the abortion. 

3 ‘‘(B) CONSTRUCTIVE NOTICE.—If actual 

4 notice to a parent under subparagraph (A) is 

5 not accomplished after a reasonable effort has 

6 been made, not less than 24 hours constructive 

7 notice shall be given to a parent of the minor 

8 before the abortion is performed or induced. 

9 ‘‘(b) EXCEPTIONS.—The notification requirement 

10 under subsection (a)(2) shall not apply if— 

11 ‘‘(1) the abortion is performed or induced in a 

12 State that has in force a law requiring parental in13 volvement in a minor’s abortion decision and the 

14 physician complies with the requirements of that 

15 law; 

16 ‘‘(2) the physician is presented with documenta17 tion showing with a reasonable degree of certainty 

18 that a court in the minor’s State of residence has 

19 waived any parental notification required by the laws 

20 of that State, or has otherwise authorized that the 

21 minor be allowed to procure an abortion; 

22 ‘‘(3) the minor declares in a signed written 

23 statement that she is the victim of sexual abuse, ne24 glect, or physical abuse by a parent, and, before an 

25 abortion is performed on the minor, the physician 


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1 notifies the authorities specified to receive reports of 

2 child abuse or neglect by the law of the State in 

3 which the minor resides of the known or suspected 

4 abuse or neglect; 

5 ‘‘(4) the abortion is necessary to save the life 

6 of the minor because her life was endangered by a 

7 physical disorder, physical injury, or physical illness, 

8 including a life endangering physical condition 

9 caused by or arising from the pregnancy itself, ex10 cept that an exception under this paragraph shall 

11 not apply unless the attending physician or an agent 

12 of such physician, not later than 24 hours after com13 pletion of the abortion, notifies a parent of the 

14 minor in writing that an abortion was performed on 

15 the minor and of the circumstances that warranted 

16 invocation of this paragraph; or 

17 ‘‘(5) the minor is physically accompanied by a 

18 person who presents the physician or his or her 

19 agent with documentation showing with a reasonable 

20 degree of certainty that he or she is in fact the par21 ent of that minor. 

22 ‘‘(c) CIVIL ACTION.—Any parent who suffers harm 

23 from a violation of subsection (a) may obtain appropriate 

24 relief in a civil action unless the parent has committed 


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1 an act of incest with the minor described in subsection 

2 (a). 

3 ‘‘(d) DEFINITIONS.—For the purposes of this sec4 tion— 

5 ‘‘(1) the term ‘abortion’ means the use or pre6 scription of any instrument, medicine, drug, or other 

7 substance or device to intentionally— 

8 ‘‘(A) kill the unborn child of a woman 

9 known to be pregnant; or 

10 ‘‘(B) prematurely terminate the pregnancy 

11 of a woman known to be pregnant, with an in12 tention other than to— 

13 ‘‘(i) increase the probability of a live 

14 birth or of preserving the life or health of 

15 the child after live birth; or 

16 ‘‘(ii) remove a dead unborn child; 

17 ‘‘(2) the term ‘actual notice’ means the giving 

18 of written notice directly, in person, by the physician 

19 or any agent of the physician; 

20 ‘‘(3) the term ‘constructive notice’ means notice 

21 that is given by certified mail, return receipt re22 quested, restricted delivery to the last known ad23 dress of the person being notified, with delivery 

24 deemed to have occurred 48 hours following noon on 

25 the next day subsequent to mailing on which regular 


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1 mail delivery takes place, excluding days on which 

2 mail is not delivered; 

3 ‘‘(4) the term ‘law requiring parental involve4 ment in a minor’s abortion decision’ means a law— 

5 ‘‘(A) requiring, before an abortion is per6 formed on a minor, either— 

7 ‘‘(i) the notification to, or consent of, 

8 a parent of that minor; or 

9 ‘‘(ii) proceedings in a State court; and 

10 ‘‘(B) that does not provide as an alter11 native to the requirements described in sub12 paragraph (A) notification to or consent of any 

13 person or entity not described in that subpara14 graph; 

15 ‘‘(5) the term ‘minor’ means an individual 

16 who— 

17 ‘‘(A) has not attained the age of 18 years; 

18 and 

19 ‘‘(B) is not emancipated under the law of 

20 the State in which the minor resides; 

21 ‘‘(6) the term ‘parent’ means— 

22 ‘‘(A) a parent or guardian; 

23 ‘‘(B) a legal custodian; or 

24 ‘‘(C) an individual standing in loco 

25 parentis— 


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1 ‘‘(i) who has care and control of the 

2 minor; and 

3 ‘‘(ii) with whom the minor regularly 

4 resides, 

5 as determined by State law; 

6 ‘‘(7) the term ‘physician’ means— 

7 ‘‘(A) a doctor of medicine legally author8 ized to practice medicine by the State in which 

9 the doctor practices medicine; or 

10 ‘‘(B) any other person legally empowered 

11 under State law to perform an abortion; and 

12 ‘‘(8) the term ‘State’ includes— 

13 ‘‘(A) the District of Columbia; 

14 ‘‘(B) any commonwealth, possession, or 

15 other territory of the United States; and 

16 ‘‘(C) any Indian tribe or reservation.’’. 

17 SEC. 4. CLERICAL AMENDMENT. 

18 The table of chapters at the beginning of part I of 

19 title 18, United States Code, is amended by inserting after 

20 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’’. 

21 SEC. 5. SEVERABILITY AND EFFECTIVE DATE. 

22 (a) SEVERABILITY.—The provisions of this Act shall 

23 be severable. If any provision of this Act, or any applica24 tion thereof, is found unconstitutional, that finding shall 


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1 not affect any provision or application of the Act not so 

2 adjudicated. 

3 (b) EFFECTIVE DATE.—This Act and the amend4 ments made by this Act shall take effect 45 days after 

5 the date of enactment of this Act. 

Æ 


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