Child Interstate Abortion Notification Act

I 116TH CONGRESS 1ST SESSION H. R. 611 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 JANUARY 16, 2019 Mr. JOHNSON of Louisiana (for himself, Mrs. HARTZLER, Mr. OLSON, Mr. GAETZ, Mr. MARSHALL, Mr. HUIZENGA, Mr. AMASH, Mr. KELLY of Mis- sissippi, Mr. JONES, Mr. CHABOT, Mr. LATTA, Mr. TURNER, Mr. DUN- CAN, Mr. GOHMERT, Mr. BRADY, Mr. GROTHMAN, Mr. MOONEY of West Virginia, and Mr. ESTES) introduced the following bill; which was re- ferred 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 21:25 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H611.IH H611 pbinns on DSK79D2C42PROD with BILLS 2 •HR 611 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 VerDate Sep 11 2014 21:25 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H611.IH H611 pbinns on DSK79D2C42PROD with BILLS 3 •HR 611 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 VerDate Sep 11 2014 21:25 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H611.IH H611 pbinns on DSK79D2C42PROD with BILLS 4 •HR 611 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 VerDate Sep 11 2014 21:25 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H611.IH H611 pbinns on DSK79D2C42PROD with BILLS 5 •HR 611 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 VerDate Sep 11 2014 21:25 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H611.IH H611 pbinns on DSK79D2C42PROD with BILLS 6 •HR 611 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. VerDate Sep 11 2014 21:25 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6211 E:\BILLS\H611.IH H611 pbinns on DSK79D2C42PROD with BILLS 7 •HR 611 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 VerDate Sep 11 2014 21:25 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H611.IH H611 pbinns on DSK79D2C42PROD with BILLS 8 •HR 611 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 VerDate Sep 11 2014 21:25 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H611.IH H611 pbinns on DSK79D2C42PROD with BILLS 9 •HR 611 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 VerDate Sep 11 2014 21:25 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H611.IH H611 pbinns on DSK79D2C42PROD with BILLS 10 •HR 611 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 VerDate Sep 11 2014 21:25 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H611.IH H611 pbinns on DSK79D2C42PROD with BILLS 11 •HR 611 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’’. VerDate Sep 11 2014 21:25 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6211 E:\BILLS\H611.IH H611 pbinns on DSK79D2C42PROD with BILLS 12 •HR 611 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 any 4 provision or application [Text truncated for display. Full text available on Congress.gov.]