[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 620 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 620
To protect the dignity of fetal remains, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 28, 2021
Mrs. Walorski (for herself, Mr. Banks, Mr. Mooney, Mr. Kelly of
Pennsylvania, Mr. Hollingsworth, Mr. Gooden of Texas, Mr. Gaetz, Mr.
Hice of Georgia, Mr. Aderholt, Mr. Hern, Mrs. Miller of Illinois, Mr.
Norman, Mr. Budd, Mr. Allen, Mr. Kelly of Mississippi, Mr. Biggs, Mr.
Duncan, Mr. McKinley, Mr. Moore of Alabama, Mr. LaHood, Mr. Weber of
Texas, Mr. Williams of Texas, Mr. Bucshon, Mr. Joyce of Pennsylvania,
Mr. Lamborn, Mr. Babin, Mr. Bost, Mr. Jackson, Mr. Chabot, Ms. Cheney,
Mr. Smith of Missouri, Mr. Steube, Mr. Wenstrup, Mr. Baird, Mrs. Lesko,
Mrs. Hartzler, Mrs. Wagner, Mrs. Fischbach, Ms. Herrell, Mr. Pence, and
Mr. Cawthorn) introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
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. 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 in or affecting interstate or foreign commerce,
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), except
that the option described in this subparagraph shall
not be available if the patient does not expel the
human fetal tissue at the premises of the abortion
provider.
``(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; Reporting Requirements.--
``(1) In general.--It shall be unlawful for any abortion
provider who, after performing an abortion, in or affecting
interstate or foreign commerce, 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.
``(2) Reporting by abortion providers.--Each abortion
provider described in subsection (a)(1) shall submit annual
reports to the Secretary indicating, with respect to the
reporting period--
``(A) the aggregate number of abortion procedures
performed by such abortion provider;
``(B) the gestational age at the time of each such
procedure;
``(C) for abortions carried out using an abortion
method other than chemical abortion--
``(i) the aggregate number of fetal remains
for which the abortion provider provides for
final disposition through interment or
cremation (other than by releasing the fetal
remains to patients); and
``(ii) the aggregate number of fetal
remains released to patients; and
``(D) the identity of each person (not including
the patient) to whom the abortion provider transfers
fetal remains for final disposition.
``(3) Reporting by third parties.--If, during a reporting
period under paragraph (2), an abortion provider transfers
fetal remains to another person (not including the patient) for
final disposition through interment or cremation, such person
shall submit a report to the Secretary for the reporting period
specifying--
``(A) the aggregate number of human remains
transferred to such person; and
``(B) how the person disposed of such remains.
``(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)(1) shall be fined in accordance with
title 18, United States Code, imprisoned not more than 5 years,
or both.
``(3) Reporting.--Any abortion provider who violates
subsection (b)(2), and any person who violates subsection
(b)(3), shall be fined in accordance with title 18, United
States Code.
``(4) 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) 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.
``(e) 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.
``(f) 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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