age of 18, to permit the facilities of the person or organi-
zation 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 re-
quested for the minor, except that such notification 
is not required for a parent if the physician is pre-
sented with documentation showing with a reason-
able degree of certainty that a court of record in the 
minor’s State of residence has waived any parental 
notification. The court of record shall not waive any 
parental notification requirement unless 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 viola-
tion. 
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(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 rea-
sonable 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 re-
sult 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 rea-
sons upon which the determinations are based, in-
cluding 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 par-
ent shall be— 
(1) delivered personally to the parent; or 
(2) provided through certified mail in accord-
ance with all of the following procedures: 
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(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 par-
ent. 
(e) PARENT DEFINED TO INCLUDE LEGAL GUARD-
IAN.—For purposes of this Act, the term ‘‘parent’’ in-
cludes, with respect to an unemancipated minor, any legal 
guardian of the minor. 
SEC. 3. PARENTAL INTERVENTION. 
Any parent required to be notified pursuant to sec-
tion 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 per-
formance of the abortion until the issue has been adju-
dicated 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 
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establishes, implements, or continues in effect greater pa-
rental notification requirements or intervention rights re-
garding 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 applica-
tion thereof, is found unconstitutional, that finding shall 
not affect any provision or application of the Act not so 
adjudicated. 
Æ 
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