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. 

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’’. 

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 

9 commerce or who solicits or accepts Federal funds to perVerDate Sep 11 2014 23:31 Feb 26, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S294.IS S294

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1 form any abortion on an unemancipated minor under the 

2 age of 18, to permit the facilities of the person or organi3 zation to be used to perform any abortion on such a minor, 

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

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

6 with all of the following requirements: 

7 (1) The provision of written notification to the 

8 parents (as defined in subsection (f)) of the minor 

9 informing the parents that an abortion has been re10 quested for the minor, except that such notification 

11 is not required for a parent if the physician is pre12 sented with documentation showing with a reason13 able degree of certainty that a court of record in the 

14 minor’s State of residence has waived any parental 

15 notification. The court of record shall not waive any 

16 parental notification requirement unless there is 

17 clear and convincing evidence of physical abuse of 

18 the minor by such parent. 

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

20 after notice has been received by the parents. 

21 (3) Compliance with any injunction granted 

22 under section 3 relating to the abortion. 

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

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


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1 imprisoned not more than one year, or both, for each viola2 tion. 

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

4 respect to an unemancipated minor for whom an abortion 

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

6 principal responsibility for making the decision to perform 

7 the abortion) makes a determination that— 

8 (1) a medical emergency exists which, with rea9 sonable medical certainty, so complicates the medical 

10 condition of the minor that the death of the minor 

11 would result from the failure to immediately treat 

12 her physical condition even though the treatment 

13 may result in the death of her unborn child; 

14 (2) parental notification is not possible as a re15 sult of the medical emergency; and 

16 (3) certifications regarding compliance with 

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

18 medical records of the minor, together with the rea19 sons upon which the determinations are based, in20 cluding a statement of relevant clinical findings. 

21 (d) PARENTAL NOTIFICATION REQUIREMENTS.—For 

22 purposes of this section, any parental notification provided 

23 to comply with the provisions of subsection (a) for a par24 ent shall be— 

25 (1) delivered personally to the parent; or 


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1 (2) provided through certified mail in accord2 ance with all of the following procedures: 

3 (A) The certified mail is addressed to the 

4 parent. 

5 (B) The address used is the dwelling or 

6 usual place of abode of the parent. 

7 (C) A return receipt is requested. 

8 (D) The delivery is restricted to the par9 ent. 

10 (e) LIMITATION.—A mother seeking an abortion, or 

11 upon whom an abortion is performed, may not be found 

12 liable for a violation of this section. 

13 (f) PARENT DEFINED TO INCLUDE LEGAL GUARD14 IAN.—For purposes of this Act, the term ‘‘parent’’ in15 cludes, with respect to an unemancipated minor, any legal 

16 guardian of the minor. 

17 SEC. 3. PARENTAL INTERVENTION. 

18 Any parent required to be notified pursuant to sec19 tion 2 regarding an abortion of an unemancipated minor 

20 may bring an action in the Federal district court where 

21 the parent resides or where the unemancipated minor is 

22 located to enjoin the performance of the abortion. The 

23 court shall issue a temporary injunction barring the per24 formance of the abortion until the issue has been adju25 dicated and the judgment is final. The court shall issue 


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1 relief permanently enjoining the abortion unless the court 

2 determines that granting such relief would be unlawful. 

3 SEC. 4. PREEMPTION. 

4 Nothing in this Act shall be construed to preempt any 

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

6 establishes, implements, or continues in effect greater pa7 rental notification requirements or intervention rights re8 garding abortion than those provided under this Act. 

9 SEC. 5. EFFECTIVE DATE AND SEVERABILITY. 

10 (a) EFFECTIVE DATE.—The provisions of this Act 

11 shall take effect upon its enactment. 

12 (b) SEVERABILITY.—The provisions of this Act shall 

13 be severable. If any provision of this Act, or any applica14 tion thereof, is found unconstitutional, that finding shall 

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

16 adjudicated. 

Æ 


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