[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1489 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 1489

To provide for parental notification and intervention in the case of a 
                       minor seeking an abortion.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 27, 2003

Mrs. Musgrave introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To provide for parental notification and intervention in the case of a 
                       minor seeking an abortion.

    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 ``Parental Notification and 
Intervention Act of 2003''.

SEC. 2. PARENTAL NOTIFICATION.

    (a) It shall be unlawful for any person or organization to perform 
any abortion on an unemancipated minor under the age of 18, to permit 
the facilities of the entity to be used to perform any abortion on such 
a minor, or to assist in the performance of any abortion on such a 
minor if the person or organization has failed to comply with the 
following requirements:
            (1) unless there is clear and convincing evidence of 
        physical abuse of the minor by the parent, the provision of 
        written notification to the parents of the minor, informing the 
        parents that an abortion has been requested for the minor;
            (2) compliance with a 96-hour waiting period after notice 
        has been received by the parents; and
            (3) compliance with the procedures contained in section 3 
        of this Act.
    (b) Whoever violates the provisions of subsection (a) of this 
section shall be imprisoned not more than ten years, fined not more 
than $1,000,000, or both.
    (c) The provisions of this section shall not apply if, with respect 
to an unemancipated minor for whom an abortion is sought, a defense or 
affirmative defense exists which would be applicable to other 
provisions of Title 18. In any such case, a physician other than the 
physician with principal responsibility for making the decision to 
perform the abortion must make a determination that--
            (1) a medical emergency exists in which an abortion on the 
        minor is necessary due to a grave, physical disorder or disease 
        of the minor that would, with reasonable medical certainty, 
        cause the death of the minor if an abortion is not performed;
            (2) parental notification is not possible as a result of 
        the medical emergency; and
            (3) certifications regarding compliance with paragraphs (1) 
        and (2) of this subsection have been entered in the medical 
        records of the minor, together with the reasons upon which the 
        determinations are based, including a statement of relevant 
        clinical findings.
    (d) For purposes of this section, any parental notification 
provided to comply with the provisions of subsection (a) shall be--
            (1) provided through certified mail in accordance with the 
        following procedures--
                    (A) the notification is addressed to the parent of 
                the unemancipated minor;
                    (B) the address used is the dwelling or usual place 
                of abode of the parent;
                    (C) return receipt is requested; and
                    (D) delivery is restricted to the parent; or
            (2) delivered personally to the parent.
    (e) For purposes of this section, the term ``parent'' includes, but 
is not limited to, any legal guardian of the child.

SEC. 3. PARENTAL INTERVENTION.

    Any parent required to be notified pursuant to section 2 of this 
Act may bring an action in the federal district court where the parent 
resides or where the unemancipated minor is located. The court shall 
issue an injunction barring the performance of the abortion until the 
issue has been adjudicated and the judgment is final. The court shall 
issue relief permanently enjoining the abortion unless the court 
determines that granting such relief would be unlawful.

SEC. 4. EFFECTIVE DATE AND SEVERABILITY.

    (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) The provisions of this Act shall take effect immediately upon 
enactment.
                                 <all>