H.R. 4964

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

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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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