[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2971 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 2971

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 17, 2005

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 2005''.

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, written notification 
        has been provided to the parents of the minor, informing the 
        parents that an abortion has been requested for the minor.
            (2) There is compliance with a 96-hour waiting period after 
        notice has been received by the parents.
            (3) There is compliance with the procedures contained in 
        section 3 of this Act.
    (b) Whoever violates the provisions of subsection (a) of this 
section shall be fined not more than $1,000,000, or imprisoned not more 
than 10 years, 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, United States Code. 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 
provided through the manner described in paragraph (1), or through the 
manner described in paragraph (2), as follows:
            (1) The notification shall be provided through certified 
        mail in accordance with the following procedures:
                    (A) The notification shall be addressed to the 
                parent of the unemancipated minor.
                    (B) The address used shall be the dwelling or usual 
                place of abode of the parent.
                    (C) Return receipt shall be requested.
                    (D) Delivery shall be restricted to the parent.
            (2) The notification shall be 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 district court of the United States 
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>