H.R. 4964 — Child Interstate Abortion Notification Act

This section establishes a new federal criminal offense (18 U.S.C. §§ 2431-2432) prohibiting any person (except the minor or her parent) from knowingly transporting a minor across a state line intending that she obtain an abortion that abridges parental rights under the minor's state-of-residence law requiring parental notification or consent (or judicial authorization) prior to a minor's abortion, punishable by fine or imprisonment up to one year, or both. The offense does not apply if the abortion is necessary to save the minor's life from a physical disorder, injury, or illness (including pregnancy-related conditions); provides affirmative defenses for reasonable belief in prior parental involvement or valid court documentation waiving it; and authorizes harmed parents to seek civil relief (except if the parent committed incest with the minor). Separately, § 2432 makes the offense applicable to a person who committed incest with the minor notwithstanding exceptions for the minor or parent. Definitions include "abortion" (any means to intentionally kill an unborn child or prematurely terminate a pregnancy, other than to save the child or remove a dead fetus); "minor" (per the home state's parental involvement law); "parent" (including guardian, custodian, or in loco parentis caregiver designated by state law); and "state" (including D.C., territories, and tribal lands).

This section establishes a federal criminal offense, punishable by fine or imprisonment not more than one year, for a physician who knowingly performs or induces an abortion on a minor who resides in a state other than the state of performance without providing at least 24 hours' actual notice (i.e., written notice in person) or constructive notice (i.e., certified mail, return receipt requested, deemed delivered 48 hours after mailing) to a parent. Exceptions to the notification requirement apply if (1) the performance state has its own parental involvement law (i.e., requiring parental notification/consent or court proceedings, without alternatives) and the physician complies; (2) documentation shows a court in the minor's home state waived notification or authorized the abortion; (3) the minor declares in writing she is a victim of parental sexual, physical, or neglectful abuse and the physician notifies child abuse authorities in her home state beforehand; (4) the abortion is necessary to save the minor's life due to physical disorder, injury, or illness (including pregnancy-related), with written parental notice required within 24 hours after; or (5) the minor is accompanied by a documented parent. It further authorizes harmed parents to seek civil relief (except if the parent committed incest with the minor) and defines terms including "minor" (under 18 years and not emancipated under home state law), "parent" (parent, guardian, legal custodian, or in loco parentis caregiver), "physician," "abortion," and "state" (including D.C., territories, tribes).

This section makes a clerical amendment to the table of chapters at the beginning of part I of title 18, United States Code, by inserting entries for two new chapters after chapter 117: chapter 117A, "Transportation of minors in circumvention of certain laws relating to abortion" (at page 2431), and chapter 117B, "Child interstate abortion notification" (at page 2435).

This section declares the provisions of the Act severable—such that any finding of unconstitutionality as to one provision or application does not affect others—and sets the effective date as 45 days after enactment.