,,ii #aafth ,,congress #ast ,session ,s4 #aai ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #ae1 #bjai,mr4 ,rubio 7for himself1 ,mr4 ,blunt1 ,mrs4 ,hyde-,smith1 ,mr4 ,risch1 ,mr4 ,hawley1 ,mr4 ,inhofe1 ,mr4 ,lankford1 ,mr4 ,roberts1 ,mr4 ,enzi1 ,ms4 ,ernst1 ,mrs4 ,fischer1 ,mr4 ,cramer1 ,mr4 ,rounds1 ,mr4 ,cruz1 ,mr4 ,cassidy1 ,mr4 ,scott of ,south ,carolina1 and ,mr4 ,perdue7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #ah1 ,united ,states ,code1 to prohibit taking minors across ,state lines in circumvention of laws requiring the involvement of parents in abortion decisions4 #a4 ,short title ,this ,act may be cited as the ,child ,interstate ,abortion ,notification ,act4 #b4 ,transportation of minors in circumvention of certain laws relating to abortion ,part ,i of title #ah1 ,united ,states ,code1 is amended by inserting after chapter #aag the following3 #aag;,a ,,transportation ,,of ,,minors ,,in ,,circumvention ,,of ,,certain ,,laws ,,relating ,,to ,,abortion ,sec4#bdca4 ,transportation of minors in circumvention of certain laws relating to abortion4#bdcb4 ,transportation of minors in circumvention of certain laws relating to abortion and incest4 #bdca4 ,transportation of minors in circumvention of certain laws relating to abortion 7a7 ,offense 7#a7 ,generally ,except as provided in subsection 7b71 whoever knowingly transports a minor across a ,state line1 with the intent that the minor obtain an abortion1 and thereby in fact abridges the right of a parent of the minor under a law requiring parental involvement in a minor's abortion decision1 in force in the ,state in which the minor resides1 shall be fined under this title or imprisoned not more than #a year1 or both4 7#b7 ,definition ,for the purposes of this subsection1 an abridgement of the right of a parent of a minor occurs if an abortion is performed or induced on the minor1 in a ,state other than the ,state in which the minor resides or in a foreign country1 without the parental consent or notification1 or the judicial authorization1 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 resides4 7b7 ,exceptions 7#a7 ,life-endangering conditions ,the prohibition under subsection 7a7 shall not apply if the abortion is necessary to save the life of the minor because her life is endangered by a physical disorder1 physical injury1 or physical illness1 including a life endangering physical condition caused by or arising from the pregnancy itself4 7#b7 ,minors and parents ,a minor transported in violation of this section1 and any parent of that minor1 may not be prosecuted or sued for a violation of this section1 a conspiracy to violate this section1 or an offense under section #b or #c of this title based on a violation of this section4 7c7 ,affirmative ,defense ,it is an affirmative defense to a prosecution for an offense1 or to a civil action1 based on a violation of this section that the defendant-- 7#a7 reasonably believed1 based on information the defendant obtained directly from a parent of the minor1 that before the minor obtained the abortion1 the parental consent or notification took place that would have been required under the law requiring parental involvement in a minor's abortion decision1 had the abortion been performed in the ,state in which the minor resides2 or 7#b7 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 ,state1 or otherwise authorized that the minor be allowed to procure an abortion4 7d7 ,civil ,action ,any parent who suffers harm from a violation of subsection 7a7 may obtain appropriate relief in a civil action unless the parent has committed an act of incest with the minor described in subsection 7a74 7e7 ,definitions ,for the purposes of this section-- 7#a7 the term abortion means the use or prescription of any instrument1 medicine1 drug1 or other substance or device to intentionally-- 7,a7 kill the unborn child of a woman known to be pregnant2 or 7,b7 prematurely terminate the pregnancy of a woman known to be pregnant1 with an intention other than to-- 7i7 increase the probability of a live birth or of preserving the life or health of the child after live birth2 or 7ii7 remove a dead unborn child2 7#b7 the term law requiring parental involvement in a minor's abortion decision means a law-- 7,a7 requiring1 before an abortion is performed on a minor1 either-- 7i7 the notification to1 or consent of1 a parent of that minor2 or 7ii7 proceedings in a ,state court2 and 7,b7 that does not provide as an alternative to the requirements described in subparagraph 7,a7 notification to or consent of any person or entity not described in that subparagraph2 7#c7 the term minor means an individual who is not older than the maximum age requiring parental notification or consent1 or proceedings in a ,state court1 under a law requiring parental involvement in a minor's abortion decision2 7#d7 the term parent means-- 7,a7 a parent or guardian2 7,b7 a legal custodian2 or 7,c7 an individual standing in loco parentis-- 7i7 who has care and control of the minor2 7ii7 with whom the minor regularly resides2 and 7iii7 who is designated by the law requiring parental involvement in the minor's abortion decision as an individual to whom notification1 or from whom consent1 is required2 and 7#e7 the term ,state includes-- 7,a7 the ,district of ,columbia2 7,b7 any commonwealth1 possession1 or other territory of the ,united ,states2 and 7,c7 any ,indian tribe or reservation4 #bdcb4 ,transportation of minors in circumvention of certain laws relating to abortion and incest 7a7 ,offense ,notwithstanding section #bdca7;b77#b71 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 abortion1 shall be fined under this title or imprisoned not more than #a year1 or both4 7b7 ,definitions ,for the purposes of this section1 the terms abortion1 minor1 and ,state have the meanings given those terms in section #bdce4 4 #c4 ,child interstate abortion notification ,part ,i of title #ah1 ,united ,states ,code1 is amended by inserting after chapter #aag;,a 7as added by section #b7 the following3 #aag;,b ,,child ,,interstate ,,abortion ,,notification ,sec4#bdce4 ,child interstate abortion notification4 #bdce4 ,child interstate abortion notification 7a7 ,offense 7#a7 ,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 #a year1 or both4 7#b7 ,parental notification 7,a7 ,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 provide1 or cause his or her agent to provide1 not less than #bd hours actual notice to a parent of the minor before performing or inducing the abortion4 7,b7 ,constructive notice ,if actual notice to a parent under subparagraph 7,a7 is not accomplished after a reasonable effort has been made1 not less than #bd hours constructive notice shall be given to a parent of the minor before the abortion is performed or induced4 7b7 ,exceptions ,the notification requirement under subsection 7a77#b7 shall not apply if-- 7#a7 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 law2 7#b7 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 ,state1 or has otherwise authorized that the minor be allowed to procure an abortion2 7#c7 the minor declares in a signed written statement that she is the victim of sexual abuse1 neglect1 or physical abuse by a parent1 and1 before an abortion is performed on the minor1 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 neglect2 7#d7 the abortion is necessary to save the life of the minor because her life was endangered by a physical disorder1 physical injury1 or physical illness1 including a life endangering physical condition caused by or arising from the pregnancy itself1 except that an exception under this paragraph shall not apply unless the attending physician or an agent of such physician1 not later than #bd hours after completion of the abortion1 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 paragraph2 or 7#e7 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 minor4 7c7 ,civil ,action ,any parent who suffers harm from a violation of subsection 7a7 may obtain appropriate relief in a civil action unless the parent has committed an act of incest with the minor described in subsection 7a74 7d7 ,definitions ,for the purposes of this section-- 7#a7 the term abortion means the use or prescription of any instrument1 medicine1 drug1 or other substance or device to intentionally-- 7,a7 kill the unborn child of a woman known to be pregnant2 or 7,b7 prematurely terminate the pregnancy of a woman known to be pregnant1 with an intention other than to-- 7i7 increase the probability of a live birth or of preserving the life or health of the child after live birth2 or 7ii7 remove a dead unborn child2 7#b7 the term actual notice means the giving of written notice directly1 in person1 by the physician or any agent of the physician2 7#c7 the term constructive notice means notice that is given by certified mail1 return receipt requested1 restricted delivery to the last known address of the person being notified1 with delivery deemed to have occurred #dh hours following noon on the next day subsequent to mailing on which regular mail delivery takes place1 excluding days on which mail is not delivered2 7#d7 the term law requiring parental involvement in a minor's abortion decision means a law-- 7,a7 requiring1 before an abortion is performed on a minor1 either-- 7i7 the notification to1 or consent of1 a parent of that minor2 or 7ii7 proceedings in a ,state court2 and 7,b7 that does not provide as an alternative to the requirements described in subparagraph 7,a7 notification to or consent of any person or entity not described in that subparagraph2 7#e7 the term minor means an individual who-- 7,a7 has not attained the age of #ah years2 and 7,b7 is not emancipated under the law of the ,state in which the minor resides2 7#f7 the term parent means-- 7,a7 a parent or guardian2 7,b7 a legal custodian2 or 7,c7 an individual standing in loco parentis-- 7i7 who has care and control of the minor2 and 7ii7 with whom the minor regularly resides1 as determined by ,state law2 7#g7 the term physician means-- 7,a7 a doctor of medicine legally authorized to practice medicine by the ,state in which the doctor practices medicine2 or 7,b7 any other person legally empowered under ,state law to perform an abortion2 and 7#h7 the term ,state includes-- 7,a7 the ,district of ,columbia2 7,b7 any commonwealth1 possession1 or other territory of the ,united ,states2 and 7,c7 any ,indian tribe or reservation4 4 #d4 ,clerical amendment ,the table of chapters at the beginning of part ,i of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to chapter #aag the following new items3 #aag;,a4 ,transportation of minors in circumvention of certain laws relating to abortion#bdcaaag;,b4 ,child interstate abortion notification#bdce 4 #e4 ,severability and effective date 7a7 ,severability ,the provisions of this ,act shall be severable4 ,if any provision of this ,act1 or any application thereof1 is found unconstitutional1 that finding shall not affect any provision or application of the ,act not so adjudicated4 7b7 ,effective date ,this ,act and the amendments made by this ,act shall take effect #de days after the date of enactment of this ,act4