119-s242

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 242 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 242

 To protect the dignity of fetal remains, and for other purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 January 24, 2025

 Mr. Ricketts (for himself, Mr. Lankford, Mr. Sheehy, Mr. Banks, Mr. 
 Daines, Mr. Risch, Mr. Rounds, Mr. Wicker, Mr. Schmitt, Mr. Justice, 
 Mr. Tillis, and Mr. Hawley) introduced the following bill; which was 
 read twice and referred to the Committee on Health, Education, Labor, 
 and Pensions

_______________________________________________________________________

 A BILL

 To protect the dignity of fetal remains, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Dignity for Aborted Children Act''.

SEC. 2. CONSTITUTIONAL AUTHORITY.

 Congress enacts the following pursuant to Congress' power under--

    (1) the Interstate Commerce Clause of 

section 8 of article 
 I of the Constitution;

    (2) section 5 of the 14th Amendment to the Constitution of 
 the United States, including the power to enforce the 
 prohibition on government action denying equal protection of 
 the laws; and

    (3) section 8 of article I of the Constitution of the 
 United States to make all laws necessary and proper for the 
 carrying into execution of powers vested by the Constitution in 
 the Government of the United States.

SEC. 3. PROTECTION OF FETAL REMAINS.

    (a) In General.--Part H of title IV of the Public Health Service 
Act (42 U.S.C. 289 et seq.) is amended by adding at the end the 
following:

``

SEC. 498F. PROTECTION OF FETAL REMAINS.

 ``

    (a) Consent Requirement.--
 ``

    (1) In general.--Any abortion provider, after performing 
 an abortion, shall provide the patient with an informed consent 
 form, offering the patient the following options for disposal 
 of the human fetal tissue from the abortion:
 ``
        (A) The patient may take possession of the human 
 fetal tissue and may choose to transfer the tissue to 
 an entity providing interment or cremation services.
 ``
        (B) The patient may elect to release the human 
 fetal tissue to the abortion provider, who shall be 
 subject to the requirements of subsection

    (b) .
 ``

    (2) Consent requirements.--An abortion provider described 
 in paragraph

    (1) shall--
 ``
        (A) obtain a patient signature on each consent 
 form required under paragraph

    (1) ; and
 ``
        (B) retain each such form in the patient's file.
 ``

    (b) Provider Disposal Requirement.--It shall be unlawful for any 
abortion provider who, after performing an abortion in which the woman 
on whom the abortion was performed elects, pursuant to subsection

    (a)

    (1)
        (B) , to release the human fetal tissue to the abortion provider, 
to fail to provide for the final disposition of the human fetal tissue 
through interment or cremation, consistent with State law regarding the 
disposal of human remains, not later than 7 days after the date on 
which the abortion procedure was performed. Such final disposition of 
human fetal tissue may be carried out through interment or cremation of 
tissue from more than one abortion procedure collectively.
 ``
            (c) Penalties.--
 ``

    (1) Informed consent violations.--An abortion provider 
 who fails to maintain the documentation required under 
 subsection

    (a)

    (2)
        (B) shall be subject to civil monetary 
 penalties in an amount not to exceed $50,000.
 ``

    (2) Disposal violations.--Any abortion provider who 
 violates subsection

    (b) shall be fined in accordance with title 
 18, United States Code, imprisoned not more than 5 years, or 
 both.
 ``

    (3) Bar to prosecution.--A patient upon whom an abortion 
 in violation of subsection

    (b) is performed or attempted may 
 not be prosecuted under, or for a conspiracy to violate, 
 paragraph

    (1) , or for an offense under 

section 2, 3, or 4 of 
 title 18, United States Code, based on such a violation.
 ``
            (d) Reporting.--Each abortion provider described in subsection

    (a)

    (1) shall submit annual reports to the Secretary indicating, with 
respect to the reporting period--
 ``

    (1) the aggregate number of abortion procedures performed 
 by such abortion provider;
 ``

    (2) the gestational age at the time of each such 
 procedure; and
 ``

    (3) for abortions carried out using an abortion method 
 other than chemical abortion, the aggregate number of fetal 
 remains transferred for interment or cremation and the number 
 released to patients.
 ``

    (e) Annual Reports by the Secretary.--The Secretary shall submit 
to Congress an annual report on the number of abortions by State, 
procedure type, and method of disposal of human fetal tissue.
 ``

    (f) Non-Preemption.--Nothing in this section shall preempt any 
State requirement that, at a minimum, requires interment or cremation 
in the same manner that other human remains are required to be treated 
in such State.
 ``

    (g) 

=== Definitions. ===
-In this section--
 ``

    (1) the term `abortion' means the use or prescription of 
 any instrument, medicine, drug, or any other substance or 
 device--
 ``
        (A) to intentionally kill the unborn child of a 
 woman known to be pregnant; or
 ``
        (B) to intentionally terminate the pregnancy of a 
 woman known to be pregnant, with an intention other 
 than--
 ``
            (i) after viability to produce a live 
 birth and preserve the life and health of the 
 child born alive; or
 ``
            (ii) to remove a dead unborn child;
 ``

    (2) the term `abortion provider' means an individual or 
 entity that performs abortions; and
 ``

    (3) the term `human fetal tissue' has the meaning given 
 the term in 

section 498A

    (g) .''.
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