Child Interstate Abortion Notification Act

II 117TH CONGRESS 1ST SESSION S. 109 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 SENATE OF THE UNITED STATES JANUARY 28, 2021 Mr. RUBIO (for himself, Mrs. HYDE-SMITH, Mr. BLUNT, Mr. GRASSLEY, Mr. CRUZ, Mr. RISCH, Mr. INHOFE, Mrs. FISCHER, Ms. ERNST, Mr. LANKFORD, Mr. THUNE, Mr. BRAUN, Mrs. BLACKBURN, Mr. KENNEDY, Mr. CASSIDY, Mr. PAUL, Mr. TILLIS, Mr. SCOTT of South Carolina, Mr. HAWLEY, and Mr. CRAMER) introduced the following bill; which was read twice and 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 VerDate Sep 11 2014 15:39 Feb 11, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S109.IS S109 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 109 IS SEC. 2. TRANSPORTATION OF MINORS IN CIRCUMVENTION 1 OF CERTAIN LAWS RELATING TO ABORTION. 2 Part I of title 18, United States Code, is amended 3 by inserting 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 and incest. ‘‘§ 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 the minor 13 obtain an abortion, and thereby in fact abridges the 14 right of a parent of the minor under a law requiring 15 parental involvement in a minor’s abortion decision, 16 in force in the State in which the minor resides, 17 shall be fined under this title or imprisoned not 18 more than 1 year, or both. 19 ‘‘(2) DEFINITION.—For the purposes of this 20 subsection, an abridgement of the right of a parent 21 of a minor occurs if an abortion is performed or in- 22 duced on the minor, in a State other than the State 23 VerDate Sep 11 2014 15:39 Feb 11, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S109.IS S109 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 109 IS in which the minor resides or in a foreign country, 1 without the parental consent or notification, or the 2 judicial authorization, that would have been required 3 under a law requiring parental involvement in a mi- 4 nor’s abortion decision had the abortion been per- 5 formed in the State in which the minor resides. 6 ‘‘(b) EXCEPTIONS.— 7 ‘‘(1) LIFE-ENDANGERING CONDITIONS.—The 8 prohibition under subsection (a) shall not apply if 9 the abortion is necessary to save the life of the 10 minor because her life is endangered by a physical 11 disorder, physical injury, or physical illness, includ- 12 ing a life endangering physical condition caused by 13 or arising from the pregnancy itself. 14 ‘‘(2) MINORS AND PARENTS.—A minor trans- 15 ported in violation of this section, and any parent of 16 that minor, may not be prosecuted or sued for a vio- 17 lation of this section, a conspiracy to violate this sec- 18 tion, or an offense under section 2 or 3 of this title 19 based on a violation of this section. 20 ‘‘(c) AFFIRMATIVE DEFENSE.—It is an affirmative 21 defense to a prosecution for an offense, or to a civil action, 22 based on a violation of this section that the defendant— 23 ‘‘(1) reasonably believed, based on information 24 the defendant obtained directly from a parent of the 25 VerDate Sep 11 2014 15:39 Feb 11, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S109.IS S109 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 109 IS minor, that before the minor obtained the abortion, 1 the parental consent or notification took place that 2 would have been required under the law requiring 3 parental involvement in a minor’s abortion decision, 4 had the abortion been performed in the State in 5 which the minor resides; or 6 ‘‘(2) was presented with documentation showing 7 with a reasonable degree of certainty that a court in 8 the minor’s State of residence waived any parental 9 notification required by the laws of that State, or 10 otherwise authorized that the minor be allowed to 11 procure an abortion. 12 ‘‘(d) CIVIL ACTION.—Any parent who suffers harm 13 from a violation of subsection (a) may obtain appropriate 14 relief in a civil action unless the parent has committed 15 an act of incest with the minor described in subsection 16 (a). 17 ‘‘(e) DEFINITIONS.—For the purposes of this sec- 18 tion— 19 ‘‘(1) the term ‘abortion’ means the use or pre- 20 scription of any instrument, medicine, drug, or other 21 substance or device to intentionally— 22 ‘‘(A) kill the unborn child of a woman 23 known to be pregnant; or 24 VerDate Sep 11 2014 15:39 Feb 11, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S109.IS S109 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 109 IS ‘‘(B) prematurely terminate the pregnancy 1 of a woman known to be pregnant, with an in- 2 tention other than to— 3 ‘‘(i) increase the probability of a live 4 birth or of preserving the life or health of 5 the child after live birth; or 6 ‘‘(ii) remove a dead unborn child; 7 ‘‘(2) the term ‘law requiring parental involve- 8 ment in a minor’s abortion decision’ means a law— 9 ‘‘(A) requiring, before an abortion is per- 10 formed on a minor, either— 11 ‘‘(i) the notification to, or consent of, 12 a parent of that minor; or 13 ‘‘(ii) proceedings in a State court; and 14 ‘‘(B) that does not provide as an alter- 15 native to the requirements described in sub- 16 paragraph (A) notification to or consent of any 17 person or entity not described in that subpara- 18 graph; 19 ‘‘(3) the term ‘minor’ means an individual who 20 is not older than the maximum age requiring paren- 21 tal notification or consent, or proceedings in a State 22 court, under a law requiring parental involvement in 23 a minor’s abortion decision; 24 ‘‘(4) the term ‘parent’ means— 25 VerDate Sep 11 2014 15:39 Feb 11, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S109.IS S109 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 109 IS ‘‘(A) a parent or guardian; 1 ‘‘(B) a legal custodian; or 2 ‘‘(C) an individual standing in loco 3 parentis— 4 ‘‘(i) who has care and control of the 5 minor; 6 ‘‘(ii) with whom the minor regularly 7 resides; and 8 ‘‘(iii) who is designated by the law re- 9 quiring parental involvement in the minor’s 10 abortion decision as an individual to whom 11 notification, or from whom consent, is re- 12 quired; and 13 ‘‘(5) the term ‘State’ includes— 14 ‘‘(A) the District of Columbia; 15 ‘‘(B) any commonwealth, possession, or 16 other territory of the United States; and 17 ‘‘(C) any Indian Tribe or reservation. 18 ‘‘§ 2432. Transportation of minors in circumvention of 19 certain laws relating to abortion and in- 20 cest 21 ‘‘(a) OFFENSE.—Notwithstanding section 22 2431(b)(2), whoever has committed an act of incest with 23 a minor and knowingly transports the minor across a 24 State line with the intent that the minor obtain an abor- 25 VerDate Sep 11 2014 15:39 Feb 11, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S109.IS S109 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 109 IS tion, shall be fined under this title or imprisoned not more 1 than 1 year, or both. 2 ‘‘(b) DEFINITIONS.—For the purposes of this section, 3 the terms ‘abortion’, ‘minor’, and ‘State’ have the mean- 4 ings given those terms in section 2435.’’. 5 SEC. 3. CHILD INTERSTATE ABORTION NOTIFICATION. 6 Part I of title 18, United States Code, is amended 7 by inserting after chapter 117A (as added by section 2) 8 the following: 9 ‘‘CHAPTER 117B—CHILD INTERSTATE 10 ABORTION NOTIFICATION 11 ‘‘Sec. ‘‘2435. Child interstate abortion notification. ‘‘§ 2435. Child interstate abortion notification 12 ‘‘(a) OFFENSE.— 13 ‘‘(1) GENERALLY.—A physician who knowingly 14 performs or induces an abortion on a minor in viola- 15 tion of the requirements of this section shall be fined 16 under this title or imprisoned not more than 1 year, 17 or both. 18 ‘‘(2) PARENTAL NOTIFICATION.— 19 ‘‘(A) ACTUAL NOTICE.—A physician who 20 performs or induces an abortion on a minor 21 who is a resident of a State other than the 22 State in which the abortion is performed or in- 23 duced shall provide, or cause his or her agent 24 VerDate Sep 11 2014 15:39 Feb 11, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S109.IS S109 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 109 IS to provide, not less than 24 hours actual notice 1 to a parent of the minor before performing or 2 inducing the abortion. 3 ‘‘(B) CONSTRUCTIVE NOTICE.—If actual 4 notice to a parent under subparagraph (A) is 5 not accomplished after a reasonable effort has 6 been made, not less than 24 hours constructive 7 notice shall be given to a parent of the minor 8 before the abortion is performed or induced. 9 ‘‘(b) EXCEPTIONS.—The notification requirement 10 under subsection (a)(2) shall not apply if— 11 ‘‘(1) the abortion is performed or induced in a 12 State that has in force a law requiring parental in- 13 volvement in a minor’s abortion decision and the 14 physician complies with the requirements of that 15 law; 16 ‘‘(2) the physician is presented with documenta- 17 tion showing with a reasonable degree of certainty 18 that a court in the minor’s State of residence has 19 waived any parental notification required by the laws 20 of that State, or has otherwise authorized that the 21 minor be allowed to procure an abortion; 22 ‘‘(3) the minor declares in a signed written 23 statement that she is the victim of sexual abuse, ne- 24 glect, or physical abuse by a parent, and, before an 25 VerDate Sep 11 2014 15:39 Feb 11, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S109.IS S109 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 109 IS abortion is performed on the minor, the physician 1 notifies the authorities specified to receive reports of 2 child abuse or neglect by the law of the State in 3 which the minor resides of the known or suspected 4 abuse or neglect; 5 ‘‘(4) the abortion is necessary to save the life 6 of the minor because her life was endangered by a 7 physical disorder, physical injury, or physical illness, 8 including a life endangering physical condition 9 caused by or arising from the pregnancy itself, ex- 10 cept that an exception under this paragraph shall 11 not apply unless the attending physician or an agent 12 of such physician, not later than 24 hours after com- 13 pletion of the abortion, notifies a parent of the 14 minor in writing that an abortion was performed on 15 the minor and of the circumstances that warranted 16 invocation of this paragraph; or 17 ‘‘(5) the minor is physically accompanied by a 18 person who presents the physician or his or her 19 agent with documentation showing with a reasonable 20 degree of certainty that he or she is in fact the par- 21 ent of that minor. 22 ‘‘(c) CIVIL ACTION.—Any parent who suffers harm 23 from a violation of subsection (a) may obtain appropriate 24 relief in a civil action unless the parent has committed 25 VerDate Sep 11 2014 15:39 Feb 11, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S109.IS S109 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 109 IS an act of incest with the minor described in subsection 1 (a). 2 ‘‘(d) DEFINITIONS.—For the purposes of this sec- 3 tion— 4 ‘‘(1) the term ‘abortion’ means the use or pre- 5 scription of any instrument, medicine, drug, or other 6 substance or device to intentionally— 7 ‘‘(A) kill the unborn child of a woman 8 known to be pregnant; or 9 ‘‘(B) prematurely terminate the pregnancy 10 of a woman known to be pregnant, with an in- 11 tention other than to— 12 ‘‘(i) increase the probability of a live 13 birth or of preserving the life or health of 14 the child after live birth; or 15 ‘‘(ii) remove a dead unborn child; 16 ‘‘(2) the term ‘actual notice’ means the giving 17 of written notice directly, in person, by the physician 18 or any agent of the physician; 19 ‘‘(3) the term ‘constructive notice’ means notice 20 that is given by certified mail, return receipt re- 21 quested, restricted delivery to the last known ad- 22 dress of the person being notified, with delivery 23 deemed to have occurred 48 hours following noon on 24 the next day subsequent to mailing on which regular 25 VerDate Sep 11 2014 15:39 Feb 11, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S109.IS S109 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 109 IS mail delivery takes place, excluding days on which 1 mail is not delivered; 2 ‘‘(4) 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 not described in that subpara- 13 graph; 14 ‘‘(5) the term ‘minor’ means an individual 15 who— 16 ‘‘(A) has not attained the age of 18 years; 17 and 18 ‘‘(B) is not emancipated under the law of 19 the State in which the minor resides; 20 ‘‘(6) the term ‘parent’ means— 21 ‘‘(A) a parent or guardian; 22 ‘‘(B) a legal custodian; or 23 ‘‘(C) an individual standing in loco 24 parentis— 25 VerDate Sep 11 2014 15:39 Feb 11, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S109.IS S109 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 109 IS ‘‘(i) who has care and control of the 1 minor; and 2 ‘‘(ii) with whom the minor regularly 3 resides, 4 as determined by State law; 5 ‘‘(7) the term ‘physician’ means— 6 ‘‘(A) a doctor of medicine legally author- 7 ized to practice medicine by the State in which 8 the doctor practices medicine; or 9 ‘‘(B) any other person legally empowered 10 under State law to perform an abortion; and 11 ‘‘(8) the term ‘State’ includes— 12 ‘‘(A) the District of Columbia; 13 ‘‘(B) any commonwealth, possession, or 14 other territory of the United States; and 15 ‘‘(C) any Indian Tribe or reservation.’’. 16 SEC. 4. CLERICAL AMENDMENT. 17 The table of chapters at the begi [Text truncated for display. Full text available on Congress.gov.]