[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3686 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 3686

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 12, 2020

 Mr. Braun (for himself, Mr. Cramer, Mr. Rubio, Mr. Cotton, Mrs. Hyde-
  Smith, Mr. Inhofe, Mr. Enzi, Mr. Rounds, Ms. Ernst, Mr. Moran, Mr. 
   Scott of South Carolina, and Mr. Scott of Florida) 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 an 
                unemancipated 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''.

SEC. 2. PARENTAL NOTIFICATION.

    (a) In General.--It shall be unlawful for any person or 
organization in or affecting interstate or foreign commerce or who 
solicits or accepts Federal funds to perform any abortion on an 
unemancipated minor under the age of 18, to permit the facilities of 
the person or organization 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 all of the 
following requirements:
            (1) The provision of written notification to the parents 
        (as defined in subsection (f)) of the minor informing the 
        parents that an abortion has been requested for the minor, 
        except that such notification is not required for a parent if 
        the physician is presented with documentation showing with a 
        reasonable degree of certainty that a court of record in the 
        minor's State of residence has waived any parental 
        notification. The court of record shall not waive any parental 
        notification requirement unless there is clear and convincing 
        evidence of physical abuse of the minor by such parent.
            (2) Compliance with a 96-hour waiting period after notice 
        has been received by the parents.
            (3) Compliance with any injunction granted under section 3 
        relating to the abortion.
    (b) Fine for Violation.--Whoever willfully violates subsection (a) 
shall be fined not more than $100,000 or imprisoned not more than one 
year, or both, for each violation.
    (c) Exception.--Subsection (a) shall not apply with respect to an 
unemancipated minor for whom an abortion is sought if 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 which, with reasonable 
        medical certainty, so complicates the medical condition of the 
        minor that the death of the minor would result from the failure 
        to immediately treat her physical condition even though the 
        treatment may result in the death of her unborn child;
            (2) parental notification is not possible as a result of 
        the medical emergency; and
            (3) certifications regarding compliance with paragraphs (1) 
        and (2) 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) Parental Notification Requirements.--For purposes of this 
section, any parental notification provided to comply with the 
provisions of subsection (a) for a parent shall be--
            (1) delivered personally to the parent; or
            (2) provided through certified mail in accordance with all 
        of the following procedures:
                    (A) The certified mail is addressed to the parent.
                    (B) The address used is the dwelling or usual place 
                of abode of the parent.
                    (C) A return receipt is requested.
                    (D) The delivery is restricted to the parent.
    (e) Limitation.--A mother seeking an abortion, or upon whom an 
abortion is performed, may not be found liable for a violation of this 
section.
    (f) Parent Defined To Include Legal Guardian.--For purposes of this 
Act, the term ``parent'' includes, with respect to an unemancipated 
minor, any legal guardian of the minor.

SEC. 3. PARENTAL INTERVENTION.

    Any parent required to be notified pursuant to section 2 regarding 
an abortion of an unemancipated minor may bring an action in the 
Federal district court where the parent resides or where the 
unemancipated minor is located to enjoin the performance of the 
abortion. The court shall issue a temporary 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. PREEMPTION.

    Nothing in this Act shall be construed to preempt any provision of 
State law to the extent that such State law establishes, implements, or 
continues in effect greater parental notification requirements or 
intervention rights regarding abortion than those provided under this 
Act.

SEC. 5. EFFECTIVE DATE AND SEVERABILITY.

    (a) Effective Date.--The provisions of this Act shall take effect 
upon its enactment.
    (b) Severability.--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.
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