IIB 
109TH CONGRESS 
1ST SESSION 
H. R. 748 
IN THE SENATE OF THE UNITED STATES 
APRIL 28, 2005 
Received 
JULY 1, 2005 
Read the first time 
AN ACT 
To amend title 18, United States Code, to prevent the trans-
portation of minors in circumvention of certain laws re-
lating to abortion, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Child Interstate Abor-
tion Notification Act’’. 
SEC. 2. TRANSPORTATION OF MINORS IN CIRCUMVENTION 
OF CERTAIN LAWS RELATING TO ABORTION. 
Title 18, United States Code, is amended by inserting 
after chapter 117 the following: 
‘‘CHAPTER 
117A—TRANSPORTATION 
OF 
MINORS IN CIRCUMVENTION OF CER-
TAIN LAWS RELATING TO ABORTION 
‘‘Sec. 
‘‘2431. Transportation of minors in circumvention of certain laws relating to 
abortion. 
‘‘§ 2431. Transportation of minors in circumvention of 
certain laws relating to abortion 
‘‘(a) OFFENSE.— 
‘‘(1) GENERALLY.—Except as provided in sub-
section (b), whoever knowingly transports a minor 
across a State line, with the intent that such minor 
obtain an abortion, and thereby in fact abridges the 
right of a parent under a law requiring parental in-
volvement in a minor’s abortion decision, in force in 
the State where the minor resides, shall be fined 
under this title or imprisoned not more than one 
year, or both. 
‘‘(2) DEFINITION.—For the purposes of this 
subsection, an abridgement of the right of a parent
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occurs if an abortion is performed or induced on the 
minor, in a State other than the State where the 
minor resides, without the parental consent or notifi-
cation, or the judicial authorization, that would have 
been required by that law had the abortion been per-
formed in the State where the minor resides. 
‘‘(b) EXCEPTIONS.— 
‘‘(1) The prohibition of subsection (a) does not 
apply if the abortion was 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. 
‘‘(2) A minor transported in violation of this 
section, and any parent of that minor, may not be 
prosecuted or sued for a violation of this section, a 
conspiracy to violate this section, or an offense 
under section 2 or 3 based on a violation of this sec-
tion. 
‘‘(c) AFFIRMATIVE DEFENSE.—It is an affirmative 
defense to a prosecution for an offense, or to a civil action, 
based on a violation of this section that the defendant— 
‘‘(1) reasonably believed, based on information 
the defendant obtained directly from a parent of the 
minor, that before the minor obtained the abortion,
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the parental consent or notification took place that 
would have been required by the law requiring pa-
rental involvement in a minor’s abortion decision, 
had the abortion been performed in the State where 
the minor resides; or 
‘‘(2) was presented with documentation showing 
with a reasonable degree of certainty that a court in 
the minor’s State of residence waived any parental 
notification required by the laws of that State, or 
otherwise authorized that the minor be allowed to 
procure an abortion. 
‘‘(d) CIVIL ACTION.—Any parent who suffers harm 
from a violation of subsection (a) may obtain appropriate 
relief in a civil action. 
‘‘(e) 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 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
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abortion, accidental trauma or a criminal assault on 
the pregnant female or her unborn child; 
‘‘(2) 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; 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; 
‘‘(3) the term ‘minor’ means an individual who 
is not older than the maximum age requiring paren-
tal notification or consent, or proceedings in a State 
court, under the law requiring parental involvement 
in a minor’s abortion decision; 
‘‘(4) 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, who is
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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
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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
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‘‘(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 sec-
tion— 
‘‘(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-
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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
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‘‘(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.
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(b) The provisions of this Act shall take effect upon 
enactment. 
Passed the House of Representatives April 27, 2005. 
Attest: 
JEFF TRANDAHL, 
Clerk.