‘‘(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, 
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 unless the parent has committed 
an act of incest with the minor subject to subsection (a). 
‘‘(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 
VerDate Mar 15 2010 
21:07 Sep 14, 2012
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H2299.RH
H2299
srobinson on DSK4SPTVN1PROD with BILLS
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, to terminate an ectopic 
pregnancy, or to remove a dead unborn child who 
died as the result of a spontaneous abortion, acci-
dental 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 
VerDate Mar 15 2010 
21:07 Sep 14, 2012
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H2299.RH
H2299
srobinson on DSK4SPTVN1PROD with BILLS
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 
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’, 
VerDate Mar 15 2010 
21:07 Sep 14, 2012
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H2299.RH
H2299
srobinson on DSK4SPTVN1PROD with BILLS
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: 
‘‘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 possible after a reasonable effort has been 
made, at least 24 hours constructive notice must be 
given to a parent before the abortion is performed. 
VerDate Mar 15 2010 
21:07 Sep 14, 2012
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H2299.RH
H2299
srobinson on DSK4SPTVN1PROD with BILLS
‘‘(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-
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 
VerDate Mar 15 2010 
21:07 Sep 14, 2012
Jkt 019200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H2299.RH
H2299
srobinson on DSK4SPTVN1PROD with BILLS
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 
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 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 
VerDate Mar 15 2010 
21:07 Sep 14, 2012
Jkt 019200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H2299.RH
H2299
srobinson on DSK4SPTVN1PROD with BILLS
of the child after live birth, to terminate an ectopic 
pregnancy, or to remove a dead unborn child who 
died as the result of a spontaneous abortion, acci-
dental 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, 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 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-
VerDate Mar 15 2010 
21:07 Sep 14, 2012
Jkt 019200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H2299.RH
H2299
srobinson on DSK4SPTVN1PROD with BILLS
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 the law of the State in which the minor 
resides; 
‘‘(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, and any Indian 
tribe or reservation.’’. 
VerDate Mar 15 2010 
21:07 Sep 14, 2012
Jkt 019200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H2299.RH
H2299
srobinson on DSK4SPTVN1PROD with BILLS
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 ......................... 2435’’. 
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) This Act and the amendments made by this Act 
shall take effect 45 days after the date of enactment of 
this Act. 
VerDate Mar 15 2010 
21:07 Sep 14, 2012
Jkt 019200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H2299.RH
H2299
srobinson on DSK4SPTVN1PROD with BILLS
Union Calendar No. 483 
112TH CONGRESS 
2D SESSION 
H. R. 2299 
[Report No. 112–671] 
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. 
SEPTEMBER 14, 2012 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
VerDate Mar 15 2010 
21:07 Sep 14, 2012
Jkt 019200
PO 00000
Frm 00016
Fmt 6651
Sfmt 6651
E:\BILLS\H2299.RH
H2299
srobinson on DSK4SPTVN1PROD with BILLS