Parental Notification and Intervention Act

II 117TH CONGRESS 1ST SESSION S. 294 To provide for parental notification and intervention in the case of an unemancipated minor seeking an abortion. IN THE SENATE OF THE UNITED STATES FEBRUARY 8, 2021 Mr. BRAUN (for himself, Mr. INHOFE, Mr. RUBIO, Mr. MARSHALL, Mr. SCOTT of Florida, Mr. ROUNDS, Ms. ERNST, Mr. PAUL, Mr. COTTON, Mr. HAGERTY, Mr. SCOTT of South Carolina, Mr. CRAMER, Mr. MORAN, and Mrs. HYDE-SMITH) 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Parental Notification 4 and Intervention Act’’. 5 SEC. 2. PARENTAL NOTIFICATION. 6 (a) IN GENERAL.—It shall be unlawful for any per- 7 son or organization in or affecting interstate or foreign 8 commerce or who solicits or accepts Federal funds to per- 9 VerDate Sep 11 2014 23:31 Feb 26, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S294.IS S294 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 294 IS form any abortion on an unemancipated minor under the 1 age of 18, to permit the facilities of the person or organi- 2 zation to be used to perform any abortion on such a minor, 3 or to assist in the performance of any abortion on such 4 a minor if the person or organization has failed to comply 5 with all of the following requirements: 6 (1) The provision of written notification to the 7 parents (as defined in subsection (f)) of the minor 8 informing the parents that an abortion has been re- 9 quested for the minor, except that such notification 10 is not required for a parent if the physician is pre- 11 sented with documentation showing with a reason- 12 able degree of certainty that a court of record in the 13 minor’s State of residence has waived any parental 14 notification. The court of record shall not waive any 15 parental notification requirement unless there is 16 clear and convincing evidence of physical abuse of 17 the minor by such parent. 18 (2) Compliance with a 96-hour waiting period 19 after notice has been received by the parents. 20 (3) Compliance with any injunction granted 21 under section 3 relating to the abortion. 22 (b) FINE FOR VIOLATION.—Whoever willfully violates 23 subsection (a) shall be fined not more than $100,000 or 24 VerDate Sep 11 2014 23:31 Feb 26, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S294.IS S294 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 294 IS imprisoned not more than one year, or both, for each viola- 1 tion. 2 (c) EXCEPTION.—Subsection (a) shall not apply with 3 respect to an unemancipated minor for whom an abortion 4 is sought if a physician (other than the physician with 5 principal responsibility for making the decision to perform 6 the abortion) makes a determination that— 7 (1) a medical emergency exists which, with rea- 8 sonable medical certainty, so complicates the medical 9 condition of the minor that the death of the minor 10 would result from the failure to immediately treat 11 her physical condition even though the treatment 12 may result in the death of her unborn child; 13 (2) parental notification is not possible as a re- 14 sult of the medical emergency; and 15 (3) certifications regarding compliance with 16 paragraphs (1) and (2) have been entered in the 17 medical records of the minor, together with the rea- 18 sons upon which the determinations are based, in- 19 cluding a statement of relevant clinical findings. 20 (d) PARENTAL NOTIFICATION REQUIREMENTS.—For 21 purposes of this section, any parental notification provided 22 to comply with the provisions of subsection (a) for a par- 23 ent shall be— 24 (1) delivered personally to the parent; or 25 VerDate Sep 11 2014 23:31 Feb 26, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S294.IS S294 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 294 IS (2) provided through certified mail in accord- 1 ance with all of the following procedures: 2 (A) The certified mail is addressed to the 3 parent. 4 (B) The address used is the dwelling or 5 usual place of abode of the parent. 6 (C) A return receipt is requested. 7 (D) The delivery is restricted to the par- 8 ent. 9 (e) LIMITATION.—A mother seeking an abortion, or 10 upon whom an abortion is performed, may not be found 11 liable for a violation of this section. 12 (f) PARENT DEFINED TO INCLUDE LEGAL GUARD- 13 IAN.—For purposes of this Act, the term ‘‘parent’’ in- 14 cludes, with respect to an unemancipated minor, any legal 15 guardian of the minor. 16 SEC. 3. PARENTAL INTERVENTION. 17 Any parent required to be notified pursuant to sec- 18 tion 2 regarding an abortion of an unemancipated minor 19 may bring an action in the Federal district court where 20 the parent resides or where the unemancipated minor is 21 located to enjoin the performance of the abortion. The 22 court shall issue a temporary injunction barring the per- 23 formance of the abortion until the issue has been adju- 24 dicated and the judgment is final. The court shall issue 25 VerDate Sep 11 2014 23:31 Feb 26, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S294.IS S294 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 294 IS relief permanently enjoining the abortion unless the court 1 determines that granting such relief would be unlawful. 2 SEC. 4. PREEMPTION. 3 Nothing in this Act shall be construed to preempt any 4 provision of State law to the extent that such State law 5 establishes, implements, or continues in effect greater pa- 6 rental notification requirements or intervention rights re- 7 garding abortion than those provided under this Act. 8 SEC. 5. EFFECTIVE DATE AND SEVERABILITY. 9 (a) EFFECTIVE DATE.—The provisions of this Act 10 shall take effect upon its enactment. 11 (b) SEVERABILITY.—The provisions of this Act shall 12 be severable. If any provision of this Act, or any applica- 13 tion thereof, is found unconstitutional, that finding shall 14 not affect any provision or application of the Act not so 15 adjudicated. 16 Æ VerDate Sep 11 2014 23:31 Feb 26, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S294.IS S294 pamtmann on DSKBC07HB2PROD with BILLS