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. 
Be it enacted by the Senate and House of Representa-
tives 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 2005’’. 
SEC. 2. PARENTAL NOTIFICATION. 
(a) It shall be unlawful for any person or organization 
to perform any abortion on an unemancipated minor 
under the age of 18, to permit the facilities of the entity 
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 the following requirements: 
(1) Unless there is clear and convincing evi-
dence of physical abuse of the minor by the parent, 
written notification has been provided to the parents 
of the minor, informing the parents that an abortion 
has been requested for the minor. 
(2) There is compliance with a 96-hour waiting 
period after notice has been received by the parents. 
(3) There is compliance with the procedures 
contained in section 3 of this Act. 
(b) Whoever violates the provisions of subsection (a) 
of this section shall be fined not more than $1,000,000, 
or imprisoned not more than 10 years, or both. 
(c) The provisions of this section shall not apply if, 
with respect to an unemancipated minor for whom an 
abortion is sought, a defense or affirmative defense exists 
which would be applicable to other provisions of title 18, 
United States Code. In any such case, a physician other 
than the physician with principal responsibility for making 
the decision to perform the abortion must make a deter-
mination that— 
(1) a medical emergency exists in which an 
abortion on the minor is necessary due to a grave,
physical disorder or disease of the minor that would, 
with reasonable medical certainty, cause the death of 
the minor if an abortion is not performed; 
(2) parental notification is not possible as a re-
sult of the medical emergency; and 
(3) certifications regarding compliance with 
paragraphs (1) and (2) of this subsection 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 find-
ings. 
(d) For purposes of this section, any parental notifi-
cation provided to comply with the provisions of subsection 
(a) shall be provided through the manner described in 
paragraph (1), or through the manner described in para-
graph (2), as follows: 
(1) The notification shall be provided through 
certified mail in accordance with the following proce-
dures: 
(A) The notification shall be addressed to 
the parent of the unemancipated minor. 
(B) The address used shall be the dwelling 
or usual place of abode of the parent. 
(C) Return receipt shall be requested.
(D) Delivery shall be restricted to the par-
ent. 
(2) The notification shall be delivered person-
ally to the parent. 
(e) For purposes of this section, the term ‘‘parent’’ 
includes, but is not limited to, any legal guardian of the 
child. 
SEC. 3. PARENTAL INTERVENTION. 
Any parent required to be notified pursuant to sec-
tion 2 of this Act may bring an action in the district court 
of the United States where the parent resides or where 
the unemancipated minor is located. The court shall issue 
an 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. EFFECTIVE DATE AND SEVERABILITY. 
(a) 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. 
(b) The provisions of this Act shall take effect imme-
diately upon enactment. 
Æ