[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1005 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1005

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 16, 2011

Mr. Boozman (for himself, Mr. Graham, Mr. Risch, Mr. Coats, Mr. Thune, 
 and Mr. Johanns) introduced the following bill; which was read twice 
             and 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 2011''.

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 a parent, written notification 
        has been provided to each parent of the minor, informing each 
        parent 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, subject to paragraph (1), each 
        parent of the minor before the abortion may be performed.
            (3) In the case of an action brought by a parent of such 
        minor pursuant to section 3, with respect to the performance of 
        such abortion, the person or organization shall not perform 
        such abortion unless and until there is a final judgement 
        pursuant to such section that granting permanent relief to 
        enjoin the abortion would be unlawful.
    (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. For purposes of the 
previous sentence, such a defense or affirmative defense shall not 
apply unless a physician other than the physician with principal 
responsibility for making the decision to perform the abortion makes 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 of a minor required to be notified pursuant to section 2 
may bring, in the district court of the United States where the parent 
resides or where the unemancipated minor is located, an action to bar 
the performance of an abortion on such minor. 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>