II 

114TH CONGRESS 

1ST SESSION S. 404 

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 

FEBRUARY 5, 2015 

Mr. RUBIO (for himself, Mr. HATCH, Mr. MCCONNELL, Mr. BLUNT, Mr. 

INHOFE, Mr. CRUZ, Mr. VITTER, Mr. RISCH, Mr. COATS, Mr. COCHRAN, 

Mr. MCCAIN, Mr. TILLIS, Mr. ENZI, Mr. MORAN, Mr. GRAHAM, Mr. 

PAUL, Mrs. FISCHER, Mr. GRASSLEY, 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’’. 


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1 SEC. 2. TRANSPORTATION OF MINORS IN CIRCUMVENTION 

2 OF CERTAIN LAWS RELATING TO ABORTION. 

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

4 after chapter 117 the following: 

5 ‘‘CHAPTER 117A—TRANSPORTATION OF 

6 MINORS IN CIRCUMVENTION OF CER7 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. 

8 ‘‘§ 2431. Transportation of minors in circumvention of 

9 certain laws relating to abortion 

10 ‘‘(a) OFFENSE.— 

11 ‘‘(1) GENERALLY.—Except as provided in sub12 section (b), whoever knowingly transports a minor 

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

14 obtain an abortion, and thereby in fact abridges the 

15 right of a parent under a law requiring parental in16 volvement in a minor’s abortion decision, in force in 

17 the State where the minor resides, shall be fined 

18 under this title or imprisoned not more than one 

19 year, or both. 

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

21 subsection, an abridgement of the right of a parent 

22 occurs if an abortion is performed or induced on the 

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


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1 State where the minor resides, without the parental 

2 consent or notification, or the judicial authorization, 

3 that would have been required by that law had the 

4 abortion been performed in the State where the 

5 minor resides. 

6 ‘‘(b) EXCEPTIONS.— 

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

8 apply if the abortion was necessary to save the life 

9 of the minor because her life was endangered by a 

10 physical disorder, physical injury, or physical illness, 

11 including a life endangering physical condition 

12 caused by or arising from the pregnancy itself. 

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

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

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

16 conspiracy to violate this section, or an offense 

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

18 of this section. 

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

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

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

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

23 the defendant obtained directly from a parent of the 

24 minor, that before the minor obtained the abortion, 

25 the parental consent or notification took place that 


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1 would have been required by the law requiring pa2 rental involvement in a minor’s abortion decision, 

3 had the abortion been performed in the State where 

4 the minor resides; or 

5 ‘‘(2) was presented with documentation showing 

6 with a reasonable degree of certainty that a court in 

7 the minor’s State of residence waived any parental 

8 notification required by the laws of that State, or 

9 otherwise authorized that the minor be allowed to 

10 procure an abortion. 

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

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

13 relief in a civil action unless the parent has committed 

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

15 ‘‘(e) DEFINITIONS.—For the purposes of this sec16 tion— 

17 ‘‘(1) the term ‘abortion’ means the use or pre18 scription of any instrument, medicine, drug, or any 

19 other substance or device— 

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

21 of a woman known to be pregnant; or 

22 ‘‘(B) to intentionally prematurely termi23 nate the pregnancy of a woman known to be 

24 pregnant, with an intention other than to in25 crease the probability of a live birth or of preVerDate Sep 11 2014 02:38 Feb 14, 2015 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S404.IS S404

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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 ‘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 who is not described in that 

14 subparagraph; 

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

16 is not older than the maximum age requiring paren17 tal notification or consent, or proceedings in a State 

18 court, under the law requiring parental involvement 

19 in a minor’s abortion decision; 

20 ‘‘(4) the term ‘parent’ means— 

21 ‘‘(A) a parent or guardian; 

22 ‘‘(B) a legal custodian; or 

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

24 who has care and control of the minor, and 

25 with whom the minor regularly resides, who is 


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1 designated by the law requiring parental in2 volvement in the minor’s abortion decision as a 

3 person to whom notification, or from whom con4 sent, is required; and 

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

6 Columbia and any commonwealth, possession, or 

7 other territory of the United States, and any Indian 

8 tribe or reservation. 

9 ‘‘§ 2432. Transportation of minors in circumvention of 

10 certain laws relating to abortion 

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

12 committed an act of incest with a minor and knowingly 

13 transports the minor across a State line with the intent 

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

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

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

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

18 those terms in section 2435.’’. 

19 SEC. 3. CHILD INTERSTATE ABORTION NOTIFICATION. 

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

21 after chapter 117A the following: 

22 ‘‘CHAPTER 117B—CHILD INTERSTATE 

23 ABORTION NOTIFICATION 

‘‘Sec. 

‘‘2435. Child interstate abortion notification. 


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1 ‘‘§ 2435. Child interstate abortion notification 

2 ‘‘(a) OFFENSE.— 

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

4 performs or induces an abortion on a minor in viola5 tion of the requirements of this section shall be fined 

6 under this title or imprisoned not more than one 

7 year, or both. 

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

9 who performs or induces an abortion on a minor 

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

11 which the abortion is performed must provide, or 

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

13 actual notice to a parent of the minor before per14 forming the abortion. If actual notice to such parent 

15 is not accomplished after a reasonable effort has 

16 been made, at least 24 hours constructive notice 

17 must be given to a parent before the abortion is per18 formed. 

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

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

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

22 State that has, in force, a law requiring parental in23 volvement in a minor’s abortion decision and the 

24 physician complies with the requirements of that 

25 law; 


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1 ‘‘(2) the physician is presented with documenta2 tion showing with a reasonable degree of certainty 

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

4 waived any parental notification required by the laws 

5 of that State, or has otherwise authorized that the 

6 minor be allowed to procure an abortion; 

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

8 statement that she is the victim of sexual abuse, ne9 glect, or physical abuse by a parent, and, before an 

10 abortion is performed on the minor, the physician 

11 notifies the authorities specified to receive reports of 

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

13 which the minor resides of the known or suspected 

14 abuse or neglect; 

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

16 of the minor because her life was endangered by a 

17 physical disorder, physical injury, or physical illness, 

18 including a life endangering physical condition 

19 caused by or arising from the pregnancy itself, but 

20 an exception under this paragraph does not apply 

21 unless the attending physician or an agent of such 

22 physician, within 24 hours after completion of the 

23 abortion, notifies a parent in writing that an abor24 tion was performed on the minor and of the cirVerDate Sep 11 2014 02:38 Feb 14, 2015 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S404.IS S404

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1 cumstances that warranted invocation of this para2 graph; or 

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

4 person who presents the physician or his agent with 

5 documentation showing with a reasonable degree of 

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

7 minor. 

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

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

10 relief in a civil action unless the parent has committed 

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

12 ‘‘(d) DEFINITIONS.—For the purposes of this sec13 tion— 

14 ‘‘(1) the term ‘abortion’ means the use or pre15 scription of any instrument, medicine, drug, or any 

16 other substance or device— 

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

18 of a woman known to be pregnant; or 

19 ‘‘(B) to intentionally prematurely termi20 nate the pregnancy of a woman known to be 

21 pregnant, with an intention other than to in22 crease the probability of a live birth or of pre23 serving the life or health of the child after live 

24 birth, or to remove a dead unborn child; 


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

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

3 or any agent of the physician; 

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

5 that is given by certified mail, return receipt re6 quested, restricted delivery to the last known ad7 dress of the person being notified, with delivery 

8 deemed to have occurred 48 hours following noon on 

9 the next day subsequent to mailing on which regular 

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

11 delivered excluded; 

12 ‘‘(4) the term ‘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; 

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

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


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1 emancipated under the law of the State in which the 

2 minor resides; 

3 ‘‘(6) the term ‘parent’ means— 

4 ‘‘(A) a parent or guardian; 

5 ‘‘(B) a legal custodian; or 

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

7 who has care and control of the minor, and 

8 with whom the minor regularly resides; 

9 as determined by State law; 

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

11 medicine legally authorized to practice medicine by 

12 the State in which such doctor practices medicine, or 

13 any other person legally empowered under State law 

14 to perform an abortion; and 

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

16 Columbia and any commonwealth, possession, or 

17 other territory of the United States, and any Indian 

18 tribe or reservation.’’. 

19 SEC. 4. CLERICAL AMENDMENT. 

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

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

22 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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