I 

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. 

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 2013’’. 

6 SEC. 2. PARENTAL NOTIFICATION. 

7 (a) IN GENERAL.—It shall be unlawful for any per8 son or organization in or affecting interstate or foreign 


tjames on DSK6SPTVN1PROD with BILLS
2 

•HR 3601 IH

1 commerce or who solicits or accepts Federal funds to per2 form any abortion on an unemancipated minor under the 

3 age of 18, to permit the facilities of the person or organi4 zation to be used to perform any abortion on such a minor, 

5 or to assist in the performance of any abortion on such 

6 a minor if the person or organization has failed to comply 

7 with all of the following requirements: 

8 (1) The provision of written notification to the 

9 parents (as defined in subsection (e)) of the minor 

10 informing the parents that an abortion has been re11 quested for the minor, except that such notification 

12 is not required for a parent if there is clear and con13 vincing evidence of physical abuse of the minor by 

14 such parent. 

15 (2) Compliance with a 96-hour waiting period 

16 after notice has been received by the parents. 

17 (3) Compliance with any injunction granted 

18 under section 3 relating to the abortion. 

19 (b) FINE FOR VIOLATION.—Whoever willfully violates 

20 subsection (a) shall be fined not more than $100,000 or 

21 imprisoned not more than one year, or both, for each viola22 tion. 

23 (c) EXCEPTION.—Subsection (a) shall not apply with 

24 respect to an unemancipated minor for whom an abortion 

25 is sought if a physician (other than the physician with 


tjames on DSK6SPTVN1PROD with BILLS
3 

•HR 3601 IH

1 principal responsibility for making the decision to perform 

2 the abortion) makes a determination that— 

3 (1) a medical emergency exists which, with rea4 sonable medical certainty, so complicates the medical 

5 condition of the minor that the death of the minor 

6 would result from the failure to immediately treat 

7 her physical condition even though the treatment 

8 may result in the death of her unborn child; 

9 (2) parental notification is not possible as a re10 sult of the medical emergency; and 

11 (3) certifications regarding compliance with 

12 paragraphs (1) and (2) have been entered in the 

13 medical records of the minor, together with the rea14 sons upon which the determinations are based, in15 cluding a statement of relevant clinical findings. 

16 (d) PARENTAL NOTIFICATION REQUIREMENTS.—For 

17 purposes of this section, any parental notification provided 

18 to comply with the provisions of subsection (a) for a par19 ent shall be— 

20 (1) delivered personally to the parent; or 

21 (2) provided through certified mail in accord22 ance with all of the following procedures: 

23 (A) The certified mail is addressed to the 

24 parent. 


tjames on DSK6SPTVN1PROD with BILLS
4 

•HR 3601 IH

1 (B) The address used is the dwelling or 

2 usual place of abode of the parent. 

3 (C) A return receipt is requested. 

4 (D) The delivery is restricted to the par5 ent. 

6 (e) PARENT DEFINED TO INCLUDE LEGAL GUARD7 IAN.—For purposes of this Act, the term ‘‘parent’’ in8 cludes, with respect to an unemancipated minor, any legal 

9 guardian of the minor. 

10 SEC. 3. PARENTAL INTERVENTION. 

11 Any parent required to be notified pursuant to sec12 tion 2 regarding an abortion of an unemancipated minor 

13 may bring an action in the Federal district court where 

14 the parent resides or where the unemancipated minor is 

15 located to enjoin the performance of the abortion. The 

16 court shall issue a temporary injunction barring the per17 formance of the abortion until the issue has been adju18 dicated and the judgment is final. The court shall issue 

19 relief permanently enjoining the abortion unless the court 

20 determines that granting such relief would be unlawful. 

21 SEC. 4. PREEMPTION. 

22 Nothing in this Act shall be construed to preempt any 

23 provision of State law to the extent that such State law 

24 establishes, implements, or continues in effect greater paVerDate Mar 15 2010 02:57 Nov 27, 2013 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3601.IH H3601

tjames on DSK6SPTVN1PROD with BILLS
5 

•HR 3601 IH

1 rental notification requirements or intervention rights re2 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 applica8 tion thereof, is found unconstitutional, that finding shall 

9 not affect any provision or application of the Act not so 

10 adjudicated. 

Æ 


tjames on DSK6SPTVN1PROD with BILLS