‘‘(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 in-
volvement in the minor’s abortion decision as a 
person to whom notification, or from whom con-
sent, 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. 
‘‘§ 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: 
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‘‘CHAPTER 117B—CHILD INTERSTATE 
ABORTION NOTIFICATION 
‘‘Sec. 
‘‘2435. Child interstate abortion notification. 
‘‘§ 2435. Child interstate abortion notification 
‘‘(a) OFFENSE.— 
‘‘(1) GENERALLY.—A physician who knowingly 
performs or induces an abortion on a minor in viola-
tion 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 per-
forming the abortion. If actual notice to such parent 
is not accomplished after a reasonable effort has 
been made, at least 24 hours constructive notice 
must be given to a parent before the abortion is per-
formed. 
‘‘(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 in-
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volvement in a minor’s abortion decision and the 
physician complies with the requirements of that 
law; 
‘‘(2) the physician is presented with documenta-
tion 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, ne-
glect, 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, 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 
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abortion, notifies a parent in writing that an abor-
tion was performed on the minor and of the cir-
cumstances that warranted invocation of this para-
graph; 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 sec-
tion— 
‘‘(1) the term ‘abortion’ means the use or pre-
scription of any instrument, medicine, drug, or any 
other substance or device— 
‘‘(A) to intentionally kill the unborn child 
of a woman known to be pregnant; or 
‘‘(B) to intentionally prematurely termi-
nate the pregnancy of a woman known to be 
pregnant, with an intention other than to in-
crease the probability of a live birth or of pre-
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serving the life or health of the child after live 
birth, or to remove a dead 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 re-
quested, restricted delivery to the last known ad-
dress 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 ‘law requiring parental involve-
ment in a minor’s abortion decision’ means a law— 
‘‘(A) requiring, before an abortion is per-
formed 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 alter-
native to the requirements described in sub-
paragraph (A) notification to or consent of any 
person or entity who is not described in that 
subparagraph; 
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