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.’’.
SEC. 3. CHILD INTERSTATE ABORTION NOTIFICATION.
Title 18, United States Code, is amended by inserting
after chapter 117A the following:
‘‘CHAPTER 117B—CHILD INTERSTATE
ABORTION NOTIFICATION
‘‘Sec.
‘‘2432. Child interstate abortion notification.
‘‘§ 2432. 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 at
least 24 hours actual notice to a parent of the minor
before performing the abortion. If actual notice to
such parent is not possible after a reasonable effort
has been made, 24 hours constructive notice must be
given to a parent.
‘‘(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 a law in force requiring parental in-
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; or
‘‘(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.
‘‘(c) CIVIL ACTION.—Any parent who suffers harm
from a violation of subsection (a) may obtain appropriate
relief in a civil action.
‘‘(d) DEFINITIONS.—For the purposes of this
section—
‘‘(1) the term ‘abortion’ means the use or pre-
scription of any instrument, medicine, drug, or any
other substance or device intentionally to terminate
the pregnancy of a female known to be pregnant
with an intention other than to increase the prob-
ability of a live birth, to preserve the life or health
of the child after live birth, or to remove a dead un-
born child who died as the result of a spontaneous
abortion, accidental trauma, or a criminal assault on
the pregnant female or her unborn child;
‘‘(2) the term ‘actual notice’ means the giving
of written notice directly, in person;
‘‘(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 a ‘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;
‘‘(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;
‘‘(5) the term ‘minor’ means an individual who
is not older than 18 years and who is not emanci-
pated under State law;
‘‘(6) the term ‘parent’ means—
‘‘(A) a parent or guardian;
‘‘(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;
as determined by State law;
‘‘(7) the term ‘physician’ means a doctor of
medicine legally authorized to practice medicine by
the State in which such doctor practices medicine, or
any other person legally empowered under State law
to perform an abortion; and
‘‘(8) the term ‘State’ includes the District of
Columbia and any commonwealth, possession, or
other territory of the United States.’’.
SEC. 4. CLERICAL AMENDMENT.
The table of chapters at the beginning of part I of
title 18, United States Code, is amended by inserting after
the item relating to chapter 117 the following new items:
‘‘117A. Transportation of minors in circumvention of cer-
tain laws relating to abortion ........................... 2431
‘‘117B. Child interstate abortion notification ......................... 2432’’.
SEC. 5. SEVERABILITY AND EFFECTIVE DATE.
(a) The provisions of this Act shall be severable. If
any provision of this Act, or any application thereof, is
found unconstitutional, that finding shall not affect any
provision or application of the Act not so adjudicated.
(b) The provisions of this Act shall take effect upon
enactment.
Passed the House of Representatives April 27, 2005.
Attest:
Clerk.