I 
118TH CONGRESS 
1ST SESSION 
H. R. 792 
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 HOUSE OF REPRESENTATIVES 
FEBRUARY 2, 2023 
Mr. JOHNSON of Louisiana (for himself, Mr. BABIN, Mr. CLYDE, Mr. GAETZ, 
Mr. DUNCAN, Mrs. MILLER of Illinois, Mr. ARRINGTON, Mr. BISHOP of 
North Carolina, Mr. LAMALFA, Mr. ELLZEY, Mr. SMITH of New Jersey, 
Mr. ADERHOLT, Mr. ESTES, Mr. ALLEN, Mr. WEBER of Texas, Mr. 
KELLY of Mississippi, and Mr. LAMBORN) introduced the following bill; 
which was 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 requir-
ing the involvement of parents in abortion decisions. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Child Interstate Abor-
tion Notification Act’’. 
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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. 
‘‘2432. 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 
occurs if an abortion is performed or induced on the 
minor, in a State or a foreign nation other than the 
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State where the minor resides, without the parental 
consent or notification, or the judicial authorization, 
that would have been required by that law had the 
abortion been performed 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 of this title based on a violation 
of this section. 
‘‘(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 
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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 
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 ‘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, 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: 
‘‘CHAPTER 117B—CHILD INTERSTATE 
ABORTION NOTIFICATION 
‘‘Sec. 
‘‘2435. Child interstate abortion notification. 
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‘‘§ 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-
volvement in a minor’s abortion decision and the 
physician complies with the requirements of that 
law; 
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‘‘(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 
abortion, notifies a parent in writing that an abor-
tion was performed on the minor and of the cir-
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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-
serving the life or health of the child after live 
birth, or to remove a dead unborn child; 
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‘‘(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; 
‘‘(5) the term ‘minor’ means an individual who 
has not attained the age of 18 years and who is not 
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emancipated 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.’’. 
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 
certain laws relating to abortion .................... 2431
‘‘117B. Child interstate abortion notification ........................ 2435’’. 
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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. 
Æ 
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