text: 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.
  
      Part I of 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 and incest.
  ``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 the minor obtain an abortion, and thereby in 
          fact abridges the right of a parent of the minor under a law 
          requiring parental involvement in a minor's abortion decision, 
          in force in the State in which the minor resides, shall be 
          fined under this title or imprisoned not more than 1 year, or 
          both.
              ``(2) Definition.--For the purposes of this subsection, an 
          abridgement of the right of a parent of a minor occurs if an 
          abortion is performed or induced on the minor, in a State other 
          than the State in which the minor resides or in a foreign 
          country, without the parental consent or notification, or the 
          judicial authorization, that would have been required under a 
          law requiring parental involvement in a minor's abortion 
          decision had the abortion been performed in the State in which 
          the minor resides.
      ``(b) Exceptions.--
              ``(1) Life-endangering conditions.--The prohibition under 
          subsection (a) shall not apply if the abortion is necessary to 
          save the life of the minor because her life is 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) Minors and parents.--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 under the 
          law requiring parental involvement in a minor's abortion 
          decision, had the abortion been performed in the State in which 
          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 
  described in 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 other substance or device to 
          intentionally--
                      ``(A) kill the unborn child of a woman known to be 
                  pregnant; or
                      ``(B) prematurely terminate the pregnancy of a 
                  woman known to be pregnant, with an intention other 
                  than to--
                              ``(i) increase the probability of a live 
                          birth or of preserving the life or health of 
                          the child after live birth; or
                              ``(ii) 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 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 a 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) an individual standing in loco parentis--
                              ``(i) who has care and control of the 
                          minor;
                              ``(ii) with whom the minor regularly 
                          resides; and
                              ``(iii) who is designated by the law 
                          requiring parental involvement in the minor's 
                          abortion decision as an individual to whom 
                          notification, or from whom consent, is 
                          required; and
              ``(5) the term `State' includes--
                      ``(A) the District of Columbia;
                      ``(B) any commonwealth, possession, or other 
                  territory of the United States; and
                      ``(C) any Indian tribe or reservation.
  ``Sec. 2432. Transportation of minors in circumvention of certain laws 
                relating to abortion and incest
      ``(a) Offense.--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 the minor obtain an 
  abortion, shall be fined under this title or imprisoned not more than 1 
  year, or both.
      ``(b) Definitions.--For the purposes of this section, the terms 
  `abortion', `minor', and `State' have the meanings given those terms in 
  section 2435.''.
  
  SEC. 3. CHILD INTERSTATE ABORTION NOTIFICATION.
  
      Part I of title 18, United States Code, is amended by inserting 
  after chapter 117A (as added by section 2) 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 1 year, or both.
              ``(2) Parental notification.--
                      ``(A) Actual notice.--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 or induced shall provide, or cause his or her 
                  agent to provide, not less than 24 hours actual notice 
                  to a parent of the minor before performing or inducing 
                  the abortion.
                      ``(B) Constructive notice.--If actual notice to a 
                  parent under subparagraph (A) is not accomplished after 
                  a reasonable effort has been made, not less than 24 
                  hours constructive notice shall be given to a parent of 
                  the minor before the abortion is performed or induced.
      ``(b) Exceptions.--The notification requirement under subsection 
  (a)(2) shall 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, except that an exception under this paragraph 
          shall not apply unless the attending physician or an agent of 
          such physician, not later than 24 hours after completion of the 
          abortion, notifies a parent of the minor 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 or her 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 
  described in 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 other substance or device to 
          intentionally--
                      ``(A) kill the unborn child of a woman known to be 
                  pregnant; or
                      ``(B) prematurely terminate the pregnancy of a 
                  woman known to be pregnant, with an intention other 
                  than to--
                              ``(i) increase the probability of a live 
                          birth or of preserving the life or health of 
                          the child after live birth; or
                              ``(ii) 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, excluding days on which mail 
          is not delivered;
              ``(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 not 
                  described in that subparagraph;
              ``(5) the term `minor' means an individual who--
                      ``(A) has not attained the age of 18 years; and
                      ``(B) 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) an individual standing in loco parentis--
                              ``(i) who has care and control of the 
                          minor; and
                              ``(ii) with whom the minor regularly 
                          resides,
          as determined by State law;
              ``(7) the term `physician' means--
                      ``(A) a doctor of medicine legally authorized to 
                  practice medicine by the State in which the doctor 
                  practices medicine; or
                      ``(B) any other person legally empowered under 
                  State law to perform an abortion; and
              ``(8) the term `State' includes--
                      ``(A) the District of Columbia;
                      ``(B) any commonwealth, possession, or other 
                  territory of the United States; and
                      ``(C) 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) Severability.--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) Effective Date.--This Act and the amendments made by this Act 
  shall take effect 45 days after the date of enactment of this Act.
target: Child Interstate Abortion Notification Act This bill amends the federal criminal code to make it a crime to knowingly transport a minor to another state to obtain an abortion without satisfying a parental involvement law in the minor's resident state. A parental involvement law requires parental consent or notification, or judicial authorization, for a minor to obtain an abortion.  A violator is subject to criminal penalties&#8212;a fine, up to one year in prison, or both. The bill provides an exception for an abortion that is necessary to save the life of a minor whose life is endangered by a physical disorder, illness, or condition. This bill prohibits an individual who has committed incest with a minor from knowingly transporting the minor across a state line to receive an abortion.  Additionally, this bill makes it a crime for a physician to knowingly perform or induce an abortion on an out-of-state minor without first complying with parental notification requirements, subject to specified exceptions. A physician violator is subject to criminal penalties&#8212;a fine, up to one year in prison, or both.
feat_title: Child Interstate Abortion Notification Act