Parental Notification and Intervention Act of 2013 - Prohibits any person or organization in or affecting interstate or foreign commerce, or who solicits or accepts federal funds, from performing, permitting facilities to be used to perform, or assisting in the performance of an abortion on an unemancipated minor unless: (1) written notification is provided to the parents of the minor informing them that an abortion has been requested, unless there is clear and convincing evidence of physical abuse of the minor by such parent; (2) there is compliance with a 96-hour waiting period after any required notice has been received by the parents; and (3) there is compliance with any injunction granted by a federal district court if a notified parent initiates a judicial intervention process to enjoin the abortion. Prescribes penalties of not more than a $100,000 fine and/or imprisonment for not more than one year for each willful violation.
Provides for an exception from such parental notification requirements if a physician (other than the physician with principal responsibility for making the decision to perform the abortion) determines that: (1) a medical emergency exists that would result in the minor's death if her condition were not immediately treated, even though the treatment may result in the death of her unborn child; (2) parental notification is not possible as a result of the emergency; and (3) certifications regarding compliance with such rules and the reasons upon which such determinations are based have been entered in the minor's medical records.
Requires parental notification through certified mail or personal delivery.
Defines "parent" to include any legal guardian of an unemancipated minor.
Authorizes a notified parent to bring an action in federal court which shall enjoin the abortion: (1) until the court's judgment is final, or (2) permanently unless the court determines that granting such relief would be unlawful.
Prohibits this Act from being construed to preempt any state law that establishes, implements, or continues in effect greater parental notification requirements or intervention rights regarding abortion.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3601 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 3601
To provide for parental notification and intervention in the case of an
unemancipated minor seeking an abortion.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 21, 2013
Mr. Gohmert (for himself, Mr. Jordan, Mr. Cole, Mr. Latta, Mr. Miller
of Florida, Mr. Neugebauer, Mr. Franks of Arizona, Mr. Culberson, Mr.
Hall, Mrs. Bachmann, Mr. Huizenga of Michigan, Mr. Weber of Texas, Mr.
Bishop of Utah, Mr. Bentivolio, Mr. Huelskamp, Mr. LaMalfa, Mr. Yoho,
Mr. Roe of Tennessee, Mr. Lankford, Mr. Rokita, and Mrs. Hartzler)
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 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 2013''.
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 (e)) 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
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) 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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on the Constitution and Civil Justice.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line