I 

114TH CONGRESS 

1ST SESSION H. R. 803 

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 HOUSE OF REPRESENTATIVES 

FEBRUARY 5, 2015 

Ms. ROS-LEHTINEN (for herself, Mr. JOLLY, Mr. DIAZ-BALART, Mr. FRANKS

of Arizona, Mr. DUNCAN of Tennessee, Mr. JONES, Mr. DUNCAN of 

South Carolina, Mr. GOSAR, Mr. POMPEO, Mr. YOHO, Mr. HUIZENGA of 

Michigan, Mr. COLE, Mr. FINCHER, Mr. LAMALFA, Mr. KELLY of Pennsylvania, Mr. GARRETT, Mrs. WAGNER, Mr. ADERHOLT, Mr. WILSON of 

South Carolina, Mr. SMITH of New Jersey, Mr. MURPHY of Pennsylvania, 

Mr. FARENTHOLD, Mr. WALBERG, Mr. JOHNSON of Ohio, Mr. 

BARLETTA, Mr. HUELSKAMP, Mr. MULLIN, Mr. CURBELO of Florida, 

Mr. JORDAN, Mrs. MIMI WALTERS of California, Mr. COLLINS of New 

York, Mr. POE of Texas, Mr. BOUSTANY, Mr. WESTMORELAND, Mrs. 

BLACKBURN, Mr. CHABOT, Mr. LATTA, Mr. MARCHANT, Mr. ROTHFUS, 

Mr. MESSER, Mr. RODNEY DAVIS of Illinois, Mr. AMASH, Mr. MILLER

of Florida, Mr. WESTERMAN, Ms. JENKINS of Kansas, and Mr. ROONEY

of Florida) introduced the following bill; which was 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Child Interstate Abor3 tion Notification Act’’. 

4 SEC. 2. TRANSPORTATION OF MINORS IN CIRCUMVENTION 

5 OF CERTAIN LAWS RELATING TO ABORTION. 

6 Title 18, United States Code, is amended by inserting 

7 after chapter 117 the following: 

8 ‘‘CHAPTER 117A—TRANSPORTATION OF 

9 MINORS IN CIRCUMVENTION OF CER10 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. 

11 ‘‘§ 2431. Transportation of minors in circumvention of 

12 certain laws relating to abortion 

13 ‘‘(a) OFFENSE.— 

14 ‘‘(1) GENERALLY.—Except as provided in sub15 section (b), whoever knowingly transports a minor 

16 across a State line, with the intent that such minor 

17 obtain an abortion, and thereby in fact abridges the 

18 right of a parent under a law requiring parental in19 volvement in a minor’s abortion decision, in force in 

20 the State where the minor resides, shall be fined 

21 under this title or imprisoned not more than one 

22 year, or both. 


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

2 subsection, an abridgement of the right of a parent 

3 occurs if an abortion is performed or induced on the 

4 minor, in a State or a foreign nation other than the 

5 State where the minor resides, without the parental 

6 consent or notification, or the judicial authorization, 

7 that would have been required by that law had the 

8 abortion been performed in the State where the 

9 minor resides. 

10 ‘‘(b) EXCEPTIONS.— 

11 ‘‘(1) The prohibition of subsection (a) does not 

12 apply if the abortion was necessary to save the life 

13 of the minor because her life was endangered by a 

14 physical disorder, physical injury, or physical illness, 

15 including a life endangering physical condition 

16 caused by or arising from the pregnancy itself. 

17 ‘‘(2) A minor transported in violation of this 

18 section, and any parent of that minor, may not be 

19 prosecuted or sued for a violation of this section, a 

20 conspiracy to violate this section, or an offense 

21 under section 2 or 3 of this title based on a violation 

22 of this section. 

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

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

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


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

2 the defendant obtained directly from a parent of the 

3 minor, that before the minor obtained the abortion, 

4 the parental consent or notification took place that 

5 would have been required by the law requiring pa6 rental involvement in a minor’s abortion decision, 

7 had the abortion been performed in the State where 

8 the minor resides; or 

9 ‘‘(2) was presented with documentation showing 

10 with a reasonable degree of certainty that a court in 

11 the minor’s State of residence waived any parental 

12 notification required by the laws of that State, or 

13 otherwise authorized that the minor be allowed to 

14 procure an abortion. 

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

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

17 relief in a civil action unless the parent has committed 

18 an act of incest with the minor subject to subsection (a). 

19 ‘‘(e) DEFINITIONS.—For the purposes of this sec20 tion— 

21 ‘‘(1) the term ‘abortion’ means the use or pre22 scription of any instrument, medicine, drug, or any 

23 other substance or device— 

24 ‘‘(A) to intentionally kill the unborn child 

25 of a woman known to be pregnant; or 


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1 ‘‘(B) to intentionally prematurely termi2 nate the pregnancy of a woman known to be 

3 pregnant, with an intention other than to in4 crease the probability of a live birth or of pre5 serving the life or health of the child after live 

6 birth, or to remove a dead unborn child; 

7 ‘‘(2) the term ‘law requiring parental involve8 ment in a minor’s abortion decision’ means a law— 

9 ‘‘(A) requiring, before an abortion is per10 formed on a minor, either— 

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

12 a parent of that minor; or 

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

14 ‘‘(B) that does not provide as an alter15 native to the requirements described in sub16 paragraph (A) notification to or consent of any 

17 person or entity who is not described in that 

18 subparagraph; 

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

20 is not older than the maximum age requiring paren21 tal notification or consent, or proceedings in a State 

22 court, under the law requiring parental involvement 

23 in a minor’s abortion decision; 

24 ‘‘(4) the term ‘parent’ means— 

25 ‘‘(A) a parent or guardian; 


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1 ‘‘(B) a legal custodian; or 

2 ‘‘(C) a person standing in loco parentis 

3 who has care and control of the minor, and 

4 with whom the minor regularly resides, who is 

5 designated by the law requiring parental in6 volvement in the minor’s abortion decision as a 

7 person to whom notification, or from whom con8 sent, is required; and 

9 ‘‘(5) the term ‘State’ includes the District of 

10 Columbia and any commonwealth, possession, or 

11 other territory of the United States, and any Indian 

12 tribe or reservation. 

13 ‘‘§ 2432. Transportation of minors in circumvention of 

14 certain laws relating to abortion 

15 ‘‘Notwithstanding section 2431(b)(2), whoever has 

16 committed an act of incest with a minor and knowingly 

17 transports the minor across a State line with the intent 

18 that such minor obtain an abortion, shall be fined under 

19 this title or imprisoned not more than one year, or both. 

20 For the purposes of this section, the terms ‘State’, ‘minor’, 

21 and ‘abortion’ have, respectively, the definitions given 

22 those terms in section 2435.’’. 

23 SEC. 3. CHILD INTERSTATE ABORTION NOTIFICATION. 

24 Title 18, United States Code, is amended by inserting 

25 after chapter 117A the following: 


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1 ‘‘CHAPTER 117B—CHILD INTERSTATE 

2 ABORTION NOTIFICATION 

‘‘Sec. 

‘‘2435. Child interstate abortion notification. 

3 ‘‘§ 2435. Child interstate abortion notification 

4 ‘‘(a) OFFENSE.— 

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

6 performs or induces an abortion on a minor in viola7 tion of the requirements of this section shall be fined 

8 under this title or imprisoned not more than one 

9 year, or both. 

10 ‘‘(2) PARENTAL NOTIFICATION.—A physician 

11 who performs or induces an abortion on a minor 

12 who is a resident of a State other than the State in 

13 which the abortion is performed must provide, or 

14 cause his or her agent to provide, at least 24 hours 

15 actual notice to a parent of the minor before per16 forming the abortion. If actual notice to such parent 

17 is not accomplished after a reasonable effort has 

18 been made, at least 24 hours constructive notice 

19 must be given to a parent before the abortion is per20 formed. 

21 ‘‘(b) EXCEPTIONS.—The notification requirement of 

22 subsection (a)(2) does not apply if— 

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

24 State that has, in force, a law requiring parental inVerDate Sep 11 2014 22:07 Feb 13, 2015 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H803.IH H803

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1 volvement in a minor’s abortion decision and the 

2 physician complies with the requirements of that 

3 law; 

4 ‘‘(2) the physician is presented with documenta5 tion showing with a reasonable degree of certainty 

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

7 waived any parental notification required by the laws 

8 of that State, or has otherwise authorized that the 

9 minor be allowed to procure an abortion; 

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

11 statement that she is the victim of sexual abuse, ne12 glect, or physical abuse by a parent, and, before an 

13 abortion is performed on the minor, the physician 

14 notifies the authorities specified to receive reports of 

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

16 which the minor resides of the known or suspected 

17 abuse or neglect; 

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

19 of the minor because her life was endangered by a 

20 physical disorder, physical injury, or physical illness, 

21 including a life endangering physical condition 

22 caused by or arising from the pregnancy itself, but 

23 an exception under this paragraph does not apply 

24 unless the attending physician or an agent of such 

25 physician, within 24 hours after completion of the 


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1 abortion, notifies a parent in writing that an abor2 tion was performed on the minor and of the cir3 cumstances that warranted invocation of this para4 graph; or 

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

6 person who presents the physician or his agent with 

7 documentation showing with a reasonable degree of 

8 certainty that he or she is in fact the parent of that 

9 minor. 

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

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

12 relief in a civil action unless the parent has committed 

13 an act of incest with the minor subject to subsection (a). 

14 ‘‘(d) 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 any 

18 other substance or device— 

19 ‘‘(A) to intentionally kill the unborn child 

20 of a woman known to be pregnant; or 

21 ‘‘(B) to intentionally prematurely termi22 nate the pregnancy of a woman known to be 

23 pregnant, with an intention other than to in24 crease the probability of a live birth or of preVerDate Sep 11 2014 22:07 Feb 13, 2015 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H803.IH H803

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1 serving the life or health of the child after live 

2 birth, or to remove a dead unborn child; 

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

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

5 or any agent of the physician; 

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

7 that is given by certified mail, return receipt re8 quested, restricted delivery to the last known ad9 dress of the person being notified, with delivery 

10 deemed to have occurred 48 hours following noon on 

11 the next day subsequent to mailing on which regular 

12 mail delivery takes place, days on which mail is not 

13 delivered excluded; 

14 ‘‘(4) the term ‘law requiring parental involve15 ment in a minor’s abortion decision’ means a law— 

16 ‘‘(A) requiring, before an abortion is per17 formed on a minor, either— 

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

19 a parent of that minor; or 

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

21 ‘‘(B) that does not provide as an alter22 native to the requirements described in sub23 paragraph (A) notification to or consent of any 

24 person or entity who is not described in that 

25 subparagraph; 


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1 ‘‘(5) the term ‘minor’ means an individual who 

2 has not attained the age of 18 years and who is not 

3 emancipated under the law of the State in which the 

4 minor resides; 

5 ‘‘(6) the term ‘parent’ means— 

6 ‘‘(A) a parent or guardian; 

7 ‘‘(B) a legal custodian; or 

8 ‘‘(C) a person standing in loco parentis 

9 who has care and control of the minor, and 

10 with whom the minor regularly resides, 

11 as determined by State law; 

12 ‘‘(7) the term ‘physician’ means a doctor of 

13 medicine legally authorized to practice medicine by 

14 the State in which such doctor practices medicine, or 

15 any other person legally empowered under State law 

16 to perform an abortion; and 

17 ‘‘(8) the term ‘State’ includes the District of 

18 Columbia and any commonwealth, possession, or 

19 other territory of the United States, and any Indian 

20 tribe or reservation.’’. 

21 SEC. 4. CLERICAL AMENDMENT. 

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

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

24 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’’. 


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1 SEC. 5. SEVERABILITY AND EFFECTIVE DATE. 

2 (a) The provisions of this Act shall be severable. If 

3 any provision of this Act, or any application thereof, is 

4 found unconstitutional, that finding shall not affect any 

5 provision or application of the Act not so adjudicated. 

6 (b) This Act and the amendments made by this Act 

7 shall take effect 45 days after the date of enactment of 

8 this Act. 

Æ 


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