119-hr4964

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4964 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 4964

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

 August 12, 2025

 Mr. Taylor (for himself, Mr. Onder, Mr. Harris of North Carolina, Mr. 
 Clyde, Mr. LaMalfa, Mr. Arrington, Mr. Aderholt, Mrs. Miller of 
Illinois, Mr. Estes, Mr. Fulcher, Mr. Ellzey, Mr. Smith of New Jersey, 
and Mrs. Biggs of South Carolina) 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 requiring the involvement of 
 parents in abortion decisions.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Child Interstate Abortion 
Notification Act''.

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 CERTAIN 
 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.
``

Sec. 2431. Transportation of minors in circumvention of certain laws 
 relating to abortion
 ``

    (a) Offense.--
 ``

    (1) Generally.--Except as provided in subsection

    (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 involvement 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 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 would have been required by the 
 law requiring parental 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 section--
 ``

    (1) the term `abortion' means the use or prescription 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 terminate the 
 pregnancy of a woman known to be pregnant, with an 
 intention other than to increase the probability of a 
 live birth or of preserving the life or health of the 
 child after live birth, or to remove a dead unborn 
 child;
 ``

    (2) the term `law requiring parental involvement in a 
 minor's abortion decision' means a law--
 ``
        (A) requiring, before an abortion is performed 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 alternative to 
 the requirements described in subparagraph
        (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 parental 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 designated by the law 
 requiring parental involvement in the minor's abortion 
 decision as a person to whom notification, or from whom 
 consent, 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.
``

Sec. 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.
``

Sec. 2435. Child interstate abortion notification
 ``

    (a) Offense.--
 ``

    (1) Generally.--A physician who knowingly performs or 
 induces an abortion on a minor in violation 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 performing 
 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 performed.
 ``

    (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 involvement in a 
 minor's abortion decision and the physician complies with the 
 requirements of that law;
 ``

    (2) the physician is presented with documentation 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, neglect, 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 abortion was performed on 
 the minor and of the circumstances that warranted invocation of 
 this paragraph; 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 section--
 ``

    (1) the term `abortion' means the use or prescription 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 terminate the 
 pregnancy of a woman known to be pregnant, with an 
 intention other than to increase the probability of a 
 live birth or of preserving the life or health of the 
 child after live birth, or to remove a dead 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 requested, restricted 
 delivery to the last known address 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 involvement in a 
 minor's abortion decision' means a law--
 ``
        (A) requiring, before an abortion is performed 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 alternative to 
 the requirements described in subparagraph
        (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 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 2431 
 laws relating to abortion.
``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.
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