[Congressional Record Volume 157, Number 67 (Monday, May 16, 2011)]
[Senate]
[Page S2998]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BOOZMAN (for himself, Mr. Graham, Mr. Risch, Mr. Coats, 
        Mr. Thune, and Mr. Johanns):
  S. 1005. A bill to provide for parental notification and intervention 
in the case of a minor seeking an abortion; to the Committee on the 
Judiciary.
  Mr. BOOZMAN. Mr. President, polls show nearly 80 percent of Americans 
agree parents should have the legal right to stop an abortion from 
being performed on their minor daughter. Many States such as Arkansas 
have enacted laws requiring parental notification, and these laws have 
proven very effective at the state level. Texas' teen abortion rate has 
dropped 25 percent since passage of its parental notification law in 
2000 and Virginia and South Dakota have had similar results since 
parental notification laws were passed more than 10 years ago. However 
without a Federal law parents in those States are not required to be 
notified when their daughters go out-of-state for an abortion. Also, 
judges exploit loopholes in state laws by granting ``judicial bypass'' 
so often times the law is not enforced. The Parental Notification and 
Intervention Act requires that parents be notified at least four days 
in advance of any abortion to be performed on their minor daughter and 
gives them power to stop an abortion from being performed. My 
colleagues Senators Graham, Risch, Coats, Thune, and Johanns join me in 
introducing this important legislation. I would also like to thank 
Representative Steve King for his support and leadership on the House 
companion version of the Parental Notification and Intervention Act.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1005

       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.

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