Parental Notification and Intervention Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 2082 To provide for parental notification and intervention in the case of an unemancipated minor seeking an abortion. IN THE HOUSE OF REPRESENTATIVES APRIL 4, 2019 Mr. GOHMERT (for himself and Mr. WRIGHT) 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 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 of 2019’’. 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 form any abortion on an unemancipated minor under the 10 VerDate Sep 11 2014 00:28 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2082.IH H2082 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 2082 IH age of 18, to permit the facilities of the person or organi- 1 zation to be used to perform any abortion on such a minor, 2 or to assist in the performance of any abortion on such 3 a minor if the person or organization has failed to comply 4 with all of the following requirements: 5 (1) The provision of written notification to the 6 parents (as defined in subsection (e)) of the minor 7 informing the parents that an abortion has been re- 8 quested for the minor, except that such notification 9 is not required for a parent if the physician is pre- 10 sented with documentation showing with a reason- 11 able degree of certainty that a court of record in the 12 minor’s State of residence has waived any parental 13 notification. The court of record shall not waive any 14 parental notification requirement unless there is 15 clear and convincing evidence of physical abuse of 16 the minor by such parent. 17 (2) Compliance with a 96-hour waiting period 18 after notice has been received by the parents. 19 (3) Compliance with any injunction granted 20 under section 3 relating to the abortion. 21 (b) FINE FOR VIOLATION.—Whoever willfully violates 22 subsection (a) shall be fined not more than $100,000 or 23 imprisoned not more than one year, or both, for each viola- 24 tion. 25 VerDate Sep 11 2014 00:28 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2082.IH H2082 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 2082 IH (c) EXCEPTION.—Subsection (a) shall not apply with 1 respect to an unemancipated minor for whom an abortion 2 is sought if a physician (other than the physician with 3 principal responsibility for making the decision to perform 4 the abortion) makes a determination that— 5 (1) a medical emergency exists which, with rea- 6 sonable medical certainty, so complicates the medical 7 condition of the minor that the death of the minor 8 would result from the failure to immediately treat 9 her physical condition even though the treatment 10 may result in the death of her unborn child; 11 (2) parental notification is not possible as a re- 12 sult of the medical emergency; and 13 (3) certifications regarding compliance with 14 paragraphs (1) and (2) have been entered in the 15 medical records of the minor, together with the rea- 16 sons upon which the determinations are based, in- 17 cluding a statement of relevant clinical findings. 18 (d) PARENTAL NOTIFICATION REQUIREMENTS.—For 19 purposes of this section, any parental notification provided 20 to comply with the provisions of subsection (a) for a par- 21 ent shall be— 22 (1) delivered personally to the parent; or 23 (2) provided through certified mail in accord- 24 ance with all of the following procedures: 25 VerDate Sep 11 2014 00:28 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2082.IH H2082 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 2082 IH (A) The certified mail is addressed to the 1 parent. 2 (B) The address used is the dwelling or 3 usual place of abode of the parent. 4 (C) A return receipt is requested. 5 (D) The delivery is restricted to the par- 6 ent. 7 (e) PARENT DEFINED TO INCLUDE LEGAL GUARD- 8 IAN.—For purposes of this Act, the term ‘‘parent’’ in- 9 cludes, with respect to an unemancipated minor, any legal 10 guardian of the minor. 11 SEC. 3. PARENTAL INTERVENTION. 12 Any parent required to be notified pursuant to sec- 13 tion 2 regarding an abortion of an unemancipated minor 14 may bring an action in the Federal district court where 15 the parent resides or where the unemancipated minor is 16 located to enjoin the performance of the abortion. The 17 court shall issue a temporary injunction barring the per- 18 formance of the abortion until the issue has been adju- 19 dicated and the judgment is final. The court shall issue 20 relief permanently enjoining the abortion unless the court 21 determines that granting such relief would be unlawful. 22 SEC. 4. PREEMPTION. 23 Nothing in this Act shall be construed to preempt any 24 provision of State law to the extent that such State law 25 VerDate Sep 11 2014 00:28 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2082.IH H2082 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 2082 IH establishes, implements, or continues in effect greater pa- 1 rental notification requirements or intervention rights re- 2 garding abortion than those provided under this Act. 3 SEC. 5. EFFECTIVE DATE AND SEVERABILITY. 4 (a) EFFECTIVE DATE.—The provisions of this Act 5 shall take effect upon its enactment. 6 (b) SEVERABILITY.—The provisions of this Act shall 7 be severable. If any provision of this Act, or any applica- 8 tion thereof, is found unconstitutional, that finding shall 9 not affect any provision or application of the Act not so 10 adjudicated. 11 Æ VerDate Sep 11 2014 00:28 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H2082.IH H2082 pamtmann on DSKBFK8HB2PROD with BILLS