2005-2006 1st Regular Session House HR 748 & Senate S 403

Summary: The bill would make it a federal crime for anyone other than a minor's parent or legal guardian to transport her across a state line in order to get a safe, legal abortion—even if she has consented to the procedure. Anyone who does assist in transporting a minor across a state line could be charged with both criminal and civil liability, which could include up to one year of prison, fines up to $100,000, or both. The bill would require physicians provide notice to the parents, in some cases in person, and then wait at least another 24 hours before performing the procedure. Even if the parent actually accompanies the minor across a state line to receive a safe, legal abortion, this same "notification" must take place, as well as the mandatory 24-hour delay.

What You Should Know: Minors often have compelling reasons for declining to tell their parents about a decision to seek an abortion. Many fear physical or emotional abuse, pressure to have a baby against their will, being thrown out of the house, or the consequences of revealing a pregnancy that is a result of sexual abuse or incest. The bill makes no provisions or recommendations to support these young women. Rather, it criminalizes supportive adults in their lives—often, the only trusted adults they can turn to in an abusive family situation. With 87% of counties in the United States lacking a legal abortion provider, the nearest safe provider may be across state lines.

Primary Sponsor(s): Rep. Ileana Ros-Lehtinen (R-FL) in the House, Sen. John Ensign (R-NV) in the Senate

Introduction Date: House - 2/10/2005; Senate - 1/24/2005

Last Major Action: 9/29/06

House: The legislation was passed by the House on April 27, 2005 by a vote of 270-157.  On September 26, 2006, the House inserted its own slightly different language for this legislation into the Senate bill, and then passed the new version by a vote of 264-153.  This action required the Senate to consider the legislation again.

Senate: The Senate passed its version of the bill on July 25, 2006 by a vote of 65-34. The Senate included a minor amendment that makes provision for prosecuting fathers guilty of incest who take their daughters across state lines for abortion services.  On September 27, 2006, a cloture motion "on the motion to concur in House amendment" was presented to the Senate, and the Senate failed to invoke cloture on the bill in a September 29 vote of 57-42, thereby undermining the bill for now.