Us Congress 2025-2026 Regular Session

Us Congress House Bill HB799 Compare Versions

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11 I
22 119THCONGRESS
33 1
44 STSESSION H. R. 799
55 To provide for parental notification and intervention in the case of an
66 unemancipated minor seeking an abortion.
77 IN THE HOUSE OF REPRESENTATIVES
88 JANUARY28, 2025
99 Mrs. M
1010 ILLERof Illinois (for herself, Mr. BABIN, Mr. FINSTAD, Mr. MOORE
1111 of Alabama, Mr. M
1212 OOREof West Virginia, Mr. OGLES, Mr. WEBSTERof
1313 Florida, Ms. T
1414 ENNEY, Mr. HARRISof Maryland, and Mr. WEBERof
1515 Texas) introduced the following bill; which was referred to the Committee
1616 on the Judiciary
1717 A BILL
1818 To provide for parental notification and intervention in the
1919 case of an unemancipated minor seeking an abortion.
2020 Be it enacted by the Senate and House of Representa-1
2121 tives of the United States of America in Congress assembled, 2
2222 SECTION 1. SHORT TITLE. 3
2323 This Act may be cited as the ‘‘Parental Notification 4
2424 and Intervention Act of 2025’’. 5
2525 SEC. 2. PARENTAL NOTIFICATION. 6
2626 (a) I
2727 NGENERAL.—It shall be unlawful for any per-7
2828 son or organization in or affecting interstate or foreign 8
2929 commerce or who solicits or accepts Federal funds to per-9
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3333 form any abortion on an unemancipated minor under the 1
3434 age of 18, to permit the facilities of the person or organi-2
3535 zation to be used to perform any abortion on such a minor, 3
3636 or to assist in the performance of any abortion on such 4
3737 a minor if the person or organization has failed to comply 5
3838 with all of the following requirements: 6
3939 (1) The provision of written notification to the 7
4040 parents (as defined in subsection (e)) of the minor 8
4141 informing the parents that an abortion has been re-9
4242 quested for the minor, except that such notification 10
4343 is not required for a parent if the physician is pre-11
4444 sented with documentation showing with a reason-12
4545 able degree of certainty that a court of record in the 13
4646 minor’s State of residence has waived any parental 14
4747 notification. The court of record shall not waive any 15
4848 parental notification requirement unless there is 16
4949 clear and convincing evidence of physical abuse of 17
5050 the minor by such parent. 18
5151 (2) Compliance with a 96-hour waiting period 19
5252 after notice has been received by the parents. 20
5353 (3) Compliance with any injunction granted 21
5454 under section 3 relating to the abortion. 22
5555 (b) F
5656 INE FORVIOLATION.—Whoever willfully violates 23
5757 subsection (a) shall be fined not more than $100,000 or 24
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6161 imprisoned not more than one year, or both, for each viola-1
6262 tion. 2
6363 (c) E
6464 XCEPTION.—Subsection (a) shall not apply with 3
6565 respect to an unemancipated minor for whom an abortion 4
6666 is sought if a physician (other than the physician with 5
6767 principal responsibility for making the decision to perform 6
6868 the abortion) makes a determination that— 7
6969 (1) a medical emergency exists which, with rea-8
7070 sonable medical certainty, so complicates the medical 9
7171 condition of the minor that the death of the minor 10
7272 would result from the failure to immediately treat 11
7373 her physical condition even though the treatment 12
7474 may result in the death of her unborn child; 13
7575 (2) parental notification is not possible as a re-14
7676 sult of the medical emergency; and 15
7777 (3) certifications regarding compliance with 16
7878 paragraphs (1) and (2) have been entered in the 17
7979 medical records of the minor, together with the rea-18
8080 sons upon which the determinations are based, in-19
8181 cluding a statement of relevant clinical findings. 20
8282 (d) P
8383 ARENTALNOTIFICATIONREQUIREMENTS.—For 21
8484 purposes of this section, any parental notification provided 22
8585 to comply with the provisions of subsection (a) for a par-23
8686 ent shall be— 24
8787 (1) delivered personally to the parent; or 25
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9191 (2) provided through certified mail in accord-1
9292 ance with all of the following procedures: 2
9393 (A) The certified mail is addressed to the 3
9494 parent. 4
9595 (B) The address used is the dwelling or 5
9696 usual place of abode of the parent. 6
9797 (C) A return receipt is requested. 7
9898 (D) The delivery is restricted to the par-8
9999 ent. 9
100100 (e) P
101101 ARENTDEFINEDTOINCLUDELEGALGUARD-10
102102 IAN.—For purposes of this Act, the term ‘‘parent’’ in-11
103103 cludes, with respect to an unemancipated minor, any legal 12
104104 guardian of the minor. 13
105105 SEC. 3. PARENTAL INTERVENTION. 14
106106 Any parent required to be notified pursuant to sec-15
107107 tion 2 regarding an abortion of an unemancipated minor 16
108108 may bring an action in the Federal district court where 17
109109 the parent resides or where the unemancipated minor is 18
110110 located to enjoin the performance of the abortion. The 19
111111 court shall issue a temporary injunction barring the per-20
112112 formance of the abortion until the issue has been adju-21
113113 dicated and the judgment is final. The court shall issue 22
114114 relief permanently enjoining the abortion unless the court 23
115115 determines that granting such relief would be unlawful. 24
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119119 SEC. 4. PREEMPTION. 1
120120 Nothing in this Act shall be construed to preempt any 2
121121 provision of State law to the extent that such State law 3
122122 establishes, implements, or continues in effect greater pa-4
123123 rental notification requirements or intervention rights re-5
124124 garding abortion than those provided under this Act. 6
125125 SEC. 5. EFFECTIVE DATE AND SEVERABILITY. 7
126126 (a) E
127127 FFECTIVEDATE.—The provisions of this Act 8
128128 shall take effect upon its enactment. 9
129129 (b) S
130130 EVERABILITY.—The provisions of this Act shall 10
131131 be severable. If any provision of this Act, or any applica-11
132132 tion thereof, is found unconstitutional, that finding shall 12
133133 not affect any provision or application of the Act not so 13
134134 adjudicated. 14
135135 Æ
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