I 

111TH CONGRESS 

1ST SESSION H. R. 634 

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 

JANUARY 22, 2009 

Ms. ROS-LEHTINEN (for herself, Mr. ADERHOLT, Mr. AKIN, Mr. ALEXANDER, 

Mrs. BACHMANN, Mr. BACHUS, Mr. BARTLETT, Mr. BILIRAKIS, Mrs. 

BLACKBURN, Mr. BLUNT, Mr. BONNER, Mr. BOOZMAN, Mr. BOUSTANY, 

Mr. BRADY of Texas, Mr. BROUN of Georgia, Mr. BROWN of South Carolina, Mr. BUCHANAN, Mr. BURTON of Indiana, Mr. CAMPBELL, Mr. CAO, 

Mr. CHAFFETZ, Mr. COLE, Mr. COBLE, Mr. CONAWAY, Mr. CRENSHAW, 

Mr. CULBERSON, Mr. DAVIS of Kentucky, Mr. DAVIS of Tennessee, Mr. 

MARIO DIAZ-BALART of Florida, Mr. EHLERS, Mr. ELLSWORTH, Mr. 

FLEMING, Mr. FORBES, Mr. FORTENBERRY, Ms. FOXX, Mr. FRANKS of 

Arizona, Mr. GALLEGLY, Mr. GARRETT of New Jersey, Mr. GINGREY of 

Georgia, Mr. GOHMERT, Mr. GOODLATTE, Mr. GRAVES, Mr. GUTHRIE, 

Mr. HALL of Texas, Mr. HARPER, Mr. HENSARLING, Mr. HERGER, Mr. 

HOEKSTRA, Mr. INGLIS, Mr. JORDAN of Ohio, Mr. KING of New York, 

Mr. KLINE of Minnesota, Mr. LAMBORN, Mr. LATOURETTE, Mr. LATTA, 

Mr. LINDER, Mr. LUETKEMEYER, Mr. MANZULLO, Mr. MARCHANT, Mr. 

MARSHALL, Mr. MCCAUL, Mr. MCCLINTOCK, Mr. MCCOTTER, Mr. 

MCHENRY, Mr. MCHUGH, Mrs. MCMORRIS RODGERS, Mr. MICA, Mrs. 

MILLER of Michigan, Mr. MILLER of Florida, Mr. MORAN of Kansas, 

Mrs. MYRICK, Mr. NEUGEBAUER, Mr. OBERSTAR, Mr. OLSON, Mr. 

PENCE, Mr. PITTS, Mr. PLATTS, Mr. PUTNAM, Mr. RADANOVICH, Mr. 

ROE of Tennessee, Mr. ROGERS of Michigan, Mr. ROSKAM, Mr. RYAN of 

Wisconsin, Mr. SENSENBRENNER, Mr. SCALISE, Mrs. SCHMIDT, Mr. SESSIONS, Mr. SHADEGG, Mr. SHIMKUS, Mr. SHUSTER, Mr. SIMPSON, Mr. 

SKELTON, Mr. SMITH of New Jersey, Mr. SMITH of Texas, Mr. TERRY, 

Mr. TIAHRT, Mr. TIBERI, Mr. THOMPSON of Pennsylvania, Mr. WESTMORELAND, Mr. WILSON of South Carolina, Mr. WOLF, and Mr. 

WITTMAN) introduced the following bill; which was referred to the Committee on the Judiciary 


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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 Title 18, United States Code, is amended by inserting 

9 after chapter 117 the following: 

10 ‘‘CHAPTER 117A—TRANSPORTATION OF 

11 MINORS IN CIRCUMVENTION OF CER12 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. 

13 ‘‘§ 2431. Transportation of minors in circumvention of 

14 certain laws relating to abortion 

15 ‘‘(a) OFFENSE.— 

16 ‘‘(1) GENERALLY.—Except as provided in sub17 section (b), whoever knowingly transports a minor 

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

19 obtain an abortion, and thereby in fact abridges the 


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1 right of a parent under a law requiring parental in2 volvement in a minor’s abortion decision, in force in 

3 the State where the minor resides, shall be fined 

4 under this title or imprisoned not more than one 

5 year, or both. 

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

7 subsection, an abridgement of the right of a parent 

8 occurs if an abortion is performed or induced on the 

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

10 State where the minor resides, without the parental 

11 consent or notification, or the judicial authorization, 

12 that would have been required by that law had the 

13 abortion been performed in the State where the 

14 minor resides. 

15 ‘‘(b) EXCEPTIONS.— 

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

17 apply if the abortion was necessary to save the life 

18 of the minor because her life was endangered by a 

19 physical disorder, physical injury, or physical illness, 

20 including a life endangering physical condition 

21 caused by or arising from the pregnancy itself. 

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

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

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

25 conspiracy to violate this section, or an offense 


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1 under section 2 or 3 based on a violation of this sec2 tion. 

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

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

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

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

7 the defendant obtained directly from a parent of the 

8 minor, that before the minor obtained the abortion, 

9 the parental consent or notification took place that 

10 would have been required by the law requiring pa11 rental involvement in a minor’s abortion decision, 

12 had the abortion been performed in the State where 

13 the minor resides; or 

14 ‘‘(2) was presented with documentation showing 

15 with a reasonable degree of certainty that a court in 

16 the minor’s State of residence waived any parental 

17 notification required by the laws of that State, or 

18 otherwise authorized that the minor be allowed to 

19 procure an abortion. 

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

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

22 relief in a civil action unless the parent has committed 

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

24 ‘‘(e) DEFINITIONS.—For the purposes of this sec25 tion— 


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1 ‘‘(1) the term ‘abortion’ means the use or pre2 scription of any instrument, medicine, drug, or any 

3 other substance or device intentionally to terminate 

4 the pregnancy of a female known to be pregnant, 

5 with an intention other than to increase the prob6 ability of a live birth, to preserve the life or health 

7 of the child after live birth, to terminate an ectopic 

8 pregnancy, or to remove a dead unborn child who 

9 died as the result of a spontaneous abortion, acci10 dental trauma or a criminal assault on the pregnant 

11 female or her unborn child; 

12 ‘‘(2) the term a ‘law requiring parental involve13 ment in a minor’s abortion decision’ means a law— 

14 ‘‘(A) requiring, before an abortion is per15 formed on a minor, either— 

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

17 a parent of that minor; or 

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

19 ‘‘(B) that does not provide as an alter20 native to the requirements described in sub21 paragraph (A) notification to or consent of any 

22 person or entity who is not described in that 

23 subparagraph; 

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

25 is not older than the maximum age requiring parenVerDate Nov 24 2008 01:31 Jan 23, 2009 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H634.IH H634

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1 tal notification or consent, or proceedings in a State 

2 court, under the law requiring parental involvement 

3 in a minor’s abortion decision; 

4 ‘‘(4) the term ‘parent’ means— 

5 ‘‘(A) a parent or guardian; 

6 ‘‘(B) a legal custodian; or 

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

8 who has care and control of the minor, and 

9 with whom the minor regularly resides, who is 

10 designated by the law requiring parental in11 volvement in the minor’s abortion decision as a 

12 person to whom notification, or from whom con13 sent, is required; and 

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

15 Columbia and any commonwealth, possession, or 

16 other territory of the United States, and any Indian 

17 tribe or reservation. 

18 ‘‘§ 2432. Transportation of minors in circumvention of 

19 certain laws relating to abortion 

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

21 committed an act of incest with a minor and knowingly 

22 transports the minor across a State line with the intent 

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

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

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


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

2 those terms in section 2435.’’. 

3 SEC. 3. CHILD INTERSTATE ABORTION NOTIFICATION. 

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

5 after chapter 117A the following: 

6 ‘‘CHAPTER 117B—CHILD INTERSTATE 

7 ABORTION NOTIFICATION 

‘‘Sec. 

‘‘2435. Child interstate abortion notification. 

8 ‘‘§ 2435. Child interstate abortion notification 

9 ‘‘(a) OFFENSE.— 

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

11 performs or induces an abortion on a minor in viola12 tion of the requirements of this section shall be fined 

13 under this title or imprisoned not more than one 

14 year, or both. 

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

16 who performs or induces an abortion on a minor 

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

18 which the abortion is performed must provide, or 

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

20 actual notice to a parent of the minor before per21 forming the abortion. If actual notice to such parent 

22 is not possible after a reasonable effort has been 

23 made, 24 hours constructive notice must be given to 

24 a parent. 


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

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

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

4 State that has, in force, a law requiring parental in5 volvement in a minor’s abortion decision and the 

6 physician complies with the requirements of that 

7 law; 

8 ‘‘(2) the physician is presented with documenta9 tion showing with a reasonable degree of certainty 

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

11 waived any parental notification required by the laws 

12 of that State, or has otherwise authorized that the 

13 minor be allowed to procure an abortion; 

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

15 statement that she is the victim of sexual abuse, ne16 glect, or physical abuse by a parent, and, before an 

17 abortion is performed on the minor, the physician 

18 notifies the authorities specified to receive reports of 

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

20 which the minor resides of the known or suspected 

21 abuse or neglect; 

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

23 of the minor because her life was endangered by a 

24 physical disorder, physical injury, or physical illness, 

25 including a life endangering physical condition 


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1 caused by or arising from the pregnancy itself, but 

2 an exception under this paragraph does not apply 

3 unless the attending physician or an agent of such 

4 physician, within 24 hours after completion of the 

5 abortion, notifies a parent in writing that an abor6 tion was performed on the minor and of the cir7 cumstances that warranted invocation of this para8 graph; or 

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

10 person who presents the physician or his agent with 

11 documentation showing with a reasonable degree of 

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

13 minor. 

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

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

16 relief in a civil action unless the parent has committed 

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

18 ‘‘(d) DEFINITIONS.—For the purposes of this sec19 tion— 

20 ‘‘(1) the term ‘abortion’ means the use or pre21 scription of any instrument, medicine, drug, or any 

22 other substance or device intentionally to terminate 

23 the pregnancy of a female known to be pregnant, 

24 with an intention other than to increase the prob25 ability of a live birth, to preserve the life or health 


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1 of the child after live birth, to terminate an ectopic 

2 pregnancy, or to remove a dead unborn child who 

3 died as the result of a spontaneous abortion, acci4 dental trauma, or a criminal assault on the pregnant 

5 female or her unborn child; 

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

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

8 or any agent of the physician; 

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

10 that is given by certified mail, return receipt re11 quested, restricted delivery to the last known ad12 dress of the person being notified, with delivery 

13 deemed to have occurred 48 hours following noon on 

14 the next day subsequent to mailing on which regular 

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

16 delivered excluded; 

17 ‘‘(4) the term a ‘law requiring parental involve18 ment in a minor’s abortion decision’ means a law— 

19 ‘‘(A) requiring, before an abortion is per20 formed on a minor, either— 

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

22 a parent of that minor; or 

23 ‘‘(ii) proceedings in a State court; 

24 ‘‘(B) that does not provide as an alter25 native to the requirements described in subVerDate Nov 24 2008 01:31 Jan 23, 2009 Jkt 079200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H634.IH H634

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1 paragraph (A) notification to or consent of any 

2 person or entity who is not described in that 

3 subparagraph; 

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

5 is not older than 18 years and who is not emanci6 pated under State law; 

7 ‘‘(6) the term ‘parent’ means— 

8 ‘‘(A) a parent or guardian; 

9 ‘‘(B) a legal custodian; or 

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

11 who has care and control of the minor, and 

12 with whom the minor regularly resides; 

13 as determined by State law; 

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

15 medicine legally authorized to practice medicine by 

16 the State in which such doctor practices medicine, or 

17 any other person legally empowered under State law 

18 to perform an abortion; and 

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

20 Columbia and any commonwealth, possession, or 

21 other territory of the United States, and any Indian 

22 tribe or reservation.’’. 


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1 SEC. 4. CLERICAL AMENDMENT. 

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

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

4 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’’. 

5 SEC. 5. SEVERABILITY AND EFFECTIVE DATE. 

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

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

8 found unconstitutional, that finding shall not affect any 

9 provision or application of the Act not so adjudicated. 

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

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

12 this Act. 

Æ 


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