[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4934 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 4934

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 30, 2019

 Mrs. Walorski (for herself, Mr. Banks, Mr. Norman, Mr. Westerman, Mr. 
   Pence, Mr. Hice of Georgia, Mr. Abraham, Mr. Gaetz, Mr. Kelly of 
 Pennsylvania, Mr. Gianforte, Mr. Fortenberry, Mr. Hollingsworth, Mr. 
   Kelly of Mississippi, Mr. Meadows, Mr. Conaway, Mr. Marchant, Mr. 
  Babin, Mr. Chabot, Mr. King of Iowa, Mr. Allen, Mr. Mooney of West 
   Virginia, Mr. Latta, Mr. Lamborn, Mr. Kevin Hern of Oklahoma, Mr. 
Watkins, Mr. Spano, Mrs. Wagner, Ms. Granger, Ms. Cheney, Mrs. Miller, 
 Mrs. Roby, Mr. Harris, Mr. Ratcliffe, Mrs. Hartzler, Mrs. Rodgers of 
 Washington, Mr. Smith of New Jersey, and Mr. Bucshon) 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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