What This Bill Does
This bill makes it a federal crime to knowingly transport a minor across state lines to get an abortion if doing so bypasses the minor's home state's parental involvement laws. The bill also requires physicians performing abortions on minors from out of state to notify a parent at least 24 hours before the procedure.
##
Who It Affects
- People who transport minors across state lines for abortions
- Physicians who perform abortions on minors from other states
- Parents of minors seeking abortions
- Minors seeking abortions in states other than their home state
##
Key Provisions
- Knowingly transporting a minor across state lines with intent that the minor obtain an abortion, thereby bypassing parental involvement laws in the minor's home state, is punishable by a fine or imprisonment of no more than one year (Sec. 2, § 2431(a))
- A physician performing an abortion on a minor from another state must provide at least 24 hours actual notice to a parent before the abortion, or 24 hours constructive notice (notice by certified mail) if actual notice cannot be accomplished after reasonable effort (Sec. 3, § 2435(a)(2))
- The transportation prohibition does not apply if the abortion was necessary to save the minor's life due to a physical disorder, injury or illness caused by the pregnancy (Sec. 2, § 2431(b)(1))
- A defendant can use as a legal defense that they reasonably believed based on information from a parent that required parental consent or notification already took place (Sec. 2, § 2431(c)(1))
- Parents harmed by violations can bring a civil lawsuit for damages, unless the parent committed incest with the minor (Sec. 2, § 2431(d); Sec. 3, § 2435(c))
##
What Changes
Federal criminal law will add two new chapters (117A and 117B) to Title 18 of the United States Code. Transporting minors across state lines to circumvent parental involvement laws becomes a federal crime. Physicians will have new requirements to notify parents before performing abortions on out-of-state minors, with specific exceptions listed in the bill.
##
Important Definitions
- "Abortion" means using any instrument, medicine, drug or substance to intentionally kill an unborn child or prematurely terminate a pregnancy with intent other than increasing probability of live birth or preserving the life or health of the child after birth (Sec. 2, § 2431(e)(1); Sec. 3, § 2435(d)(1))
- "Minor" is defined differently in two sections: under Sec. 2, it means an individual not older than the maximum age requiring parental notification or consent under the minor's home state law; under Sec. 3, it means an individual who has not reached age 18 and is not emancipated under their state law (Sec. 2, § 2431(e)(3); Sec. 3, § 2435(d)(5))
- "Parent" includes a parent, guardian, legal custodian, or person standing in loco parentis (acting as a parent) who has care and control of the minor and with whom the minor regularly resides, as designated by state law (Sec. 2, § 2431(e)(4); Sec. 3, § 2435(d)(6))
- "Actual notice" means written notice given directly, in person, by the physician or the physician's agent (Sec. 3, § 2435(d)(2))
- "Constructive notice" means notice given by certified mail with delivery deemed to have occurred 48 hours after noon on the next day mail delivery occurs (Sec. 3, § 2435(d)(3))
##
Effective Date
This Act takes effect 45 days after the date of enactment (Sec. 5(b)).
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-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Child Interstate Abor-
4
tion Notification Act’’.
5
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•HR 792 IH
SEC. 2. TRANSPORTATION OF MINORS IN CIRCUMVENTION
1
OF CERTAIN LAWS RELATING TO ABORTION.
2
Title 18, United States Code, is amended by inserting
3
after chapter 117 the following:
4
‘‘CHAPTER
117A—TRANSPORTATION
OF
5
MINORS IN CIRCUMVENTION OF CER-
6
TAIN LAWS RELATING TO ABORTION
7
‘‘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
8
certain laws relating to abortion
9
‘‘(a) OFFENSE.—
10
‘‘(1) GENERALLY.—Except as provided in sub-
11
section (b), whoever knowingly transports a minor
12
across a State line, with the intent that such minor
13
obtain an abortion, and thereby in fact abridges the
14
right of a parent under a law requiring parental in-
15
volvement in a minor’s abortion decision, in force in
16
the State where the minor resides, shall be fined
17
under this title or imprisoned not more than one
18
year, or both.
19
‘‘(2) DEFINITION.—For the purposes of this
20
subsection, an abridgement of the right of a parent
21
occurs if an abortion is performed or induced on the
22
minor, in a State or a foreign nation other than the
23
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•HR 792 IH
State where the minor resides, without the parental
1
consent or notification, or the judicial authorization,
2
that would have been required by that law had the
3
abortion been performed in the State where the
4
minor resides.
5
‘‘(b) EXCEPTIONS.—
6
‘‘(1) The prohibition of subsection (a) does not
7
apply if the abortion was necessary to save the life
8
of the minor because her life was endangered by a
9
physical disorder, physical injury, or physical illness,
10
including a life endangering physical condition
11
caused by or arising from the pregnancy itself.
12
‘‘(2) A minor transported in violation of this
13
section, and any parent of that minor, may not be
14
prosecuted or sued for a violation of this section, a
15
conspiracy to violate this section, or an offense
16
under section 2 or 3 of this title based on a violation
17
of this section.
18
‘‘(c) AFFIRMATIVE DEFENSE.—It is an affirmative
19
defense to a prosecution for an offense, or to a civil action,
20
based on a violation of this section that the defendant—
21
‘‘(1) reasonably believed, based on information
22
the defendant obtained directly from a parent of the
23
minor, that before the minor obtained the abortion,
24
the parental consent or notification took place that
25
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•HR 792 IH
would have been required by the law requiring pa-
1
rental involvement in a minor’s abortion decision,
2
had the abortion been performed in the State where
3
the minor resides; or
4
‘‘(2) was presented with documentation showing
5
with a reasonable degree of certainty that a court in
6
the minor’s State of residence waived any parental
7
notification required by the laws of that State, or
8
otherwise authorized that the minor be allowed to
9
procure an abortion.
10
‘‘(d) CIVIL ACTION.—Any parent who suffers harm
11
from a violation of subsection (a) may obtain appropriate
12
relief in a civil action unless the parent has committed
13
an act of incest with the minor subject to subsection (a).
14
‘‘(e) DEFINITIONS.—For the purposes of this sec-
15
tion—
16
‘‘(1) the term ‘abortion’ means the use or pre-
17
scription of any instrument, medicine, drug, or any
18
other substance or device—
19
‘‘(A) to intentionally kill the unborn child
20
of a woman known to be pregnant; or
21
‘‘(B) to intentionally prematurely termi-
22
nate the pregnancy of a woman known to be
23
pregnant, with an intention other than to in-
24
crease the probability of a live birth or of pre-
25
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•HR 792 IH
serving the life or health of the child after live
1
birth, or to remove a dead unborn child;
2
‘‘(2) the term ‘law requiring parental involve-
3
ment in a minor’s abortion decision’ means a law—
4
‘‘(A) requiring, before an abortion is per-
5
formed on a minor, either—
6
‘‘(i) the notification to, or consent of,
7
a parent of that minor; or
8
‘‘(ii) proceedings in a State court; and
9
‘‘(B) that does not provide as an alter-
10
native to the requirements described in sub-
11
paragraph (A) notification to or consent of any
12
person or entity who is not described in that
13
subparagraph;
14
‘‘(3) the term ‘minor’ means an individual who
15
is not older than the maximum age requiring paren-
16
tal notification or consent, or proceedings in a State
17
court, under the law requiring parental involvement
18
in a minor’s abortion decision;
19
‘‘(4) the term ‘parent’ means—
20
‘‘(A) a parent or guardian;
21
‘‘(B) a legal custodian; or
22
‘‘(C) a person standing in loco parentis
23
who has care and control of the minor, and
24
with whom the minor regularly resides, who is
25
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•HR 792 IH
designated by the law requiring parental in-
1
volvement in the minor’s abortion decision as a
2
person to whom notification, or from whom con-
3
sent, is required; and
4
‘‘(5) the term ‘State’ includes the District of
5
Columbia and any commonwealth, possession, or
6
other territory of the United States, and any Indian
7
tribe or reservation.
8
‘‘§ 2432. Transportation of minors in circumvention of
9
certain laws relating to abortion
10
‘‘Notwithstanding section 2431(b)(2), whoever has
11
committed an act of incest with a minor and knowingly
12
transports the minor across a State line with the intent
13
that such minor obtain an abortion, shall be fined under
14
this title or imprisoned not more than one year, or both.
15
For the purposes of this section, the terms ‘State’, ‘minor’,
16
and ‘abortion’ have, respectively, the definitions given
17
those terms in section 2435.’’.
18
SEC. 3. CHILD INTERSTATE ABORTION NOTIFICATION.
19
Title 18, United States Code, is amended by inserting
20
after chapter 117A the following:
21
‘‘CHAPTER 117B—CHILD INTERSTATE
22
ABORTION NOTIFICATION
23
‘‘Sec.
‘‘2435. Child interstate abortion notification.
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•HR 792 IH
‘‘§ 2435. Child interstate abortion notification
1
‘‘(a) OFFENSE.—
2
‘‘(1) GENERALLY.—A physician who knowingly
3
performs or induces an abortion on a minor in viola-
4
tion of the requirements of this section shall be fined
5
under this title or imprisoned not more than one
6
year, or both.
7
‘‘(2) PARENTAL
NOTIFICATION.—A physician
8
who performs or induces an abortion on a minor
9
who is a resident of a State other than the State in
10
which the abortion is performed must provide, or
11
cause his or her agent to provide, at least 24 hours
12
actual notice to a parent of the minor before per-
13
forming the abortion. If actual notice to such parent
14
is not accomplished after a reasonable effort has
15
been made, at least 24 hours constructive notice
16
must be given to a parent before the abortion is per-
17
formed.
18
‘‘(b) EXCEPTIONS.—The notification requirement of
19
subsection (a)(2) does not apply if—
20
‘‘(1) the abortion is performed or induced in a
21
State that has, in force, a law requiring parental in-
22
volvement in a minor’s abortion decision and the
23
physician complies with the requirements of that
24
law;
25
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•HR 792 IH
‘‘(2) the physician is presented with documenta-
1
tion showing with a reasonable degree of certainty
2
that a court in the minor’s State of residence has
3
waived any parental notification required by the laws
4
of that State, or has otherwise authorized that the
5
minor be allowed to procure an abortion;
6
‘‘(3) the minor declares in a signed written
7
statement that she is the victim of sexual abuse, ne-
8
glect, or physical abuse by a parent, and, before an
9
abortion is performed on the minor, the physician
10
notifies the authorities specified to receive reports of
11
child abuse or neglect by the law of the State in
12
which the minor resides of the known or suspected
13
abuse or neglect;
14
‘‘(4) the abortion is necessary to save the life
15
of the minor because her life was endangered by a
16
physical disorder, physical injury, or physical illness,
17
including a life endangering physical condition
18
caused by or arising from the pregnancy itself, but
19
an exception under this paragraph does not apply
20
unless the attending physician or an agent of such
21
physician, within 24 hours after completion of the
22
abortion, notifies a parent in writing that an abor-
23
tion was performed on the minor and of the cir-
24
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•HR 792 IH
cumstances that warranted invocation of this para-
1
graph; or
2
‘‘(5) the minor is physically accompanied by a
3
person who presents the physician or his agent with
4
documentation showing with a reasonable degree of
5
certainty that he or she is in fact the parent of that
6
minor.
7
‘‘(c) CIVIL ACTION.—Any parent who suffers harm
8
from a violation of subsection (a) may obtain appropriate
9
relief in a civil action unless the parent has committed
10
an act of incest with the minor subject to subsection (a).
11
‘‘(d) DEFINITIONS.—For the purposes of this sec-
12
tion—
13
‘‘(1) the term ‘abortion’ means the use or pre-
14
scription of any instrument, medicine, drug, or any
15
other substance or device—
16
‘‘(A) to intentionally kill the unborn child
17
of a woman known to be pregnant; or
18
‘‘(B) to intentionally prematurely termi-
19
nate the pregnancy of a woman known to be
20
pregnant, with an intention other than to in-
21
crease the probability of a live birth or of pre-
22
serving the life or health of the child after live
23
birth, or to remove a dead unborn child;
24
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•HR 792 IH
‘‘(2) the term ‘actual notice’ means the giving
1
of written notice directly, in person, by the physician
2
or any agent of the physician;
3
‘‘(3) the term ‘constructive notice’ means notice
4
that is given by certified mail, return receipt re-
5
quested, restricted delivery to the last known ad-
6
dress of the person being notified, with delivery
7
deemed to have occurred 48 hours following noon on
8
the next day subsequent to mailing on which regular
9
mail delivery takes place, days on which mail is not
10
delivered excluded;
11
‘‘(4) the term ‘law requiring parental involve-
12
ment in a minor’s abortion decision’ means a law—
13
‘‘(A) requiring, before an abortion is per-
14
formed on a minor, either—
15
‘‘(i) the notification to, or consent of,
16
a parent of that minor; or
17
‘‘(ii) proceedings in a State court; and
18
‘‘(B) that does not provide as an alter-
19
native to the requirements described in sub-
20
paragraph (A) notification to or consent of any
21
person or entity who is not described in that
22
subparagraph;
23
‘‘(5) the term ‘minor’ means an individual who
24
has not attained the age of 18 years and who is not
25
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•HR 792 IH
emancipated under the law of the State in which the
1
minor resides;
2
‘‘(6) the term ‘parent’ means—
3
‘‘(A) a parent or guardian;
4
‘‘(B) a legal custodian; or
5
‘‘(C) a person standing in loco parentis
6
who has care and control of the minor, and
7
with whom the minor regularly resides,
8
as determined by State law;
9
‘‘(7) the term ‘physician’ means a doctor of
10
medicine legally authorized to practice medicine by
11
the State in which such doctor practices medicine, or
12
any other person legally empowered under State law
13
to perform an abortion; and
14
‘‘(8) the term ‘State’ includes the District of
15
Columbia and any commonwealth, possession, or
16
other territory of the United States, and any Indian
17
tribe or reservation.’’.
18
SEC. 4. CLERICAL AMENDMENT.
19
The table of chapters at the beginning of part I of
20
title 18, United States Code, is amended by inserting after
21
the item relating to chapter 117 the following new items:
22
‘‘117A. Transportation of minors in circumvention of
certain laws relating to abortion .................... 2431
‘‘117B. Child interstate abortion notification ........................ 2435’’.
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•HR 792 IH
SEC. 5. SEVERABILITY AND EFFECTIVE DATE.
1
(a) The provisions of this Act shall be severable. If
2
any provision of this Act, or any application thereof, is
3
found unconstitutional, that finding shall not affect an
[Text truncated for display. Full text available on Congress.gov.]