I 

109TH CONGRESS 

1ST SESSION H. R. 2971 

To provide for parental notification and intervention in the case of a minor 

seeking an abortion. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 17, 2005 

Mrs. MUSGRAVE 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 a minor seeking an abortion. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Parental Notification 

5 and Intervention Act of 2005’’. 

6 SEC. 2. PARENTAL NOTIFICATION. 

7 (a) It shall be unlawful for any person or organization 

8 to perform any abortion on an unemancipated minor 

9 under the age of 18, to permit the facilities of the entity 

10 to be used to perform any abortion on such a minor, or 
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1 to assist in the performance of any abortion on such a 

2 minor, if the person or organization has failed to comply 

3 with the following requirements: 

4 (1) Unless there is clear and convincing evi5 dence of physical abuse of the minor by the parent, 

6 written notification has been provided to the parents 

7 of the minor, informing the parents that an abortion 

8 has been requested for the minor. 

9 (2) There is compliance with a 96-hour waiting 

10 period after notice has been received by the parents. 

11 (3) There is compliance with the procedures 

12 contained in section 3 of this Act. 

13 (b) Whoever violates the provisions of subsection (a) 

14 of this section shall be fined not more than $1,000,000, 

15 or imprisoned not more than 10 years, or both. 

16 (c) The provisions of this section shall not apply if, 

17 with respect to an unemancipated minor for whom an 

18 abortion is sought, a defense or affirmative defense exists 

19 which would be applicable to other provisions of title 18, 

20 United States Code. In any such case, a physician other 

21 than the physician with principal responsibility for making 

22 the decision to perform the abortion must make a deter23 mination that— 

24 (1) a medical emergency exists in which an 

25 abortion on the minor is necessary due to a grave, 
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1 physical disorder or disease of the minor that would, 

2 with reasonable medical certainty, cause the death of 

3 the minor if an abortion is not performed; 

4 (2) parental notification is not possible as a re5 sult of the medical emergency; and 

6 (3) certifications regarding compliance with 

7 paragraphs (1) and (2) of this subsection have been 

8 entered in the medical records of the minor, together 

9 with the reasons upon which the determinations are 

10 based, including a statement of relevant clinical find11 ings. 

12 (d) For purposes of this section, any parental notifi13 cation provided to comply with the provisions of subsection 

14 (a) shall be provided through the manner described in 

15 paragraph (1), or through the manner described in para16 graph (2), as follows: 

17 (1) The notification shall be provided through 

18 certified mail in accordance with the following proce19 dures: 

20 (A) The notification shall be addressed to 

21 the parent of the unemancipated minor. 

22 (B) The address used shall be the dwelling 

23 or usual place of abode of the parent. 

24 (C) Return receipt shall be requested. 
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1 (D) Delivery shall be restricted to the par2 ent. 

3 (2) The notification shall be delivered person4 ally to the parent. 

5 (e) For purposes of this section, the term ‘‘parent’’ 

6 includes, but is not limited to, any legal guardian of the 

7 child. 

8 SEC. 3. PARENTAL INTERVENTION. 

9 Any parent required to be notified pursuant to sec10 tion 2 of this Act may bring an action in the district court 

11 of the United States where the parent resides or where 

12 the unemancipated minor is located. The court shall issue 

13 an injunction barring the performance of the abortion 

14 until the issue has been adjudicated and the judgment is 

15 final. The court shall issue relief permanently enjoining 

16 the abortion unless the court determines that granting 

17 such relief would be unlawful. 

18 SEC. 4. EFFECTIVE DATE AND SEVERABILITY. 

19 (a) The provisions of this Act shall be severable. If 

20 any provision of this Act, or any application thereof, is 

21 found unconstitutional, that finding shall not affect any 

22 provision or application of the Act not so adjudicated. 

23 (b) The provisions of this Act shall take effect imme24 diately upon enactment. 

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