Dignity for Aborted Children Act

I 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 Penn- sylvania, 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 Com- mittee 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Dignity for Aborted 4 Children Act’’. 5 VerDate Sep 11 2014 04:30 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H620.IH H620 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 620 IH SEC. 2. PROTECTION OF FETAL REMAINS. 1 (a) IN GENERAL.—Part H of title IV of the Public 2 Health Service Act (42 U.S.C. 289 et seq.) is amended 3 by adding at the end the following: 4 ‘‘SEC. 498F. PROTECTION OF FETAL REMAINS. 5 ‘‘(a) CONSENT REQUIREMENT.— 6 ‘‘(1) IN GENERAL.—Any abortion provider, 7 after performing an abortion in or affecting inter- 8 state or foreign commerce, shall provide the patient 9 with an informed consent form, offering the patient 10 the following options for disposal of the human fetal 11 tissue from the abortion: 12 ‘‘(A) The patient may take possession of 13 the human fetal tissue and may choose to 14 transfer the tissue to an entity providing inter- 15 ment or cremation services. 16 ‘‘(B) The patient may elect to release the 17 human fetal tissue to the abortion provider, 18 who shall be subject to the requirements of sub- 19 section (b), except that the option described in 20 this subparagraph shall not be available if the 21 patient does not expel the human fetal tissue at 22 the premises of the abortion provider. 23 ‘‘(2) CONSENT REQUIREMENTS.—An abortion 24 provider described in paragraph (1) shall— 25 VerDate Sep 11 2014 04:30 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H620.IH H620 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 620 IH ‘‘(A) obtain a patient signature on each 1 consent form required under paragraph (1); 2 and 3 ‘‘(B) retain each such form in the patient’s 4 file. 5 ‘‘(b) PROVIDER DISPOSAL REQUIREMENT; REPORT- 6 ING REQUIREMENTS.— 7 ‘‘(1) IN GENERAL.—It shall be unlawful for any 8 abortion provider who, after performing an abortion, 9 in or affecting interstate or foreign commerce, in 10 which the woman on whom the abortion was per- 11 formed elects, pursuant to subsection (a)(1)(B), to 12 release the human fetal tissue to the abortion pro- 13 vider, to fail to provide for the final disposition of 14 the human fetal tissue through interment or crema- 15 tion, consistent with State law regarding the dis- 16 posal of human remains, not later than 7 days after 17 the date on which the abortion procedure was per- 18 formed. Such final disposition of human fetal tissue 19 may be carried out through interment or cremation 20 of tissue from more than one abortion procedure col- 21 lectively. 22 ‘‘(2) REPORTING BY ABORTION PROVIDERS.— 23 Each abortion provider described in subsection 24 VerDate Sep 11 2014 04:30 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H620.IH H620 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 620 IH (a)(1) shall submit annual reports to the Secretary 1 indicating, with respect to the reporting period— 2 ‘‘(A) the aggregate number of abortion 3 procedures performed by such abortion pro- 4 vider; 5 ‘‘(B) the gestational age at the time of 6 each such procedure; 7 ‘‘(C) for abortions carried out using an 8 abortion method other than chemical abortion— 9 ‘‘(i) the aggregate number of fetal re- 10 mains for which the abortion provider pro- 11 vides for final disposition through inter- 12 ment or cremation (other than by releasing 13 the fetal remains to patients); and 14 ‘‘(ii) the aggregate number of fetal re- 15 mains released to patients; and 16 ‘‘(D) the identity of each person (not in- 17 cluding the patient) to whom the abortion pro- 18 vider transfers fetal remains for final disposi- 19 tion. 20 ‘‘(3) REPORTING BY THIRD PARTIES.—If, dur- 21 ing a reporting period under paragraph (2), an abor- 22 tion provider transfers fetal remains to another per- 23 son (not including the patient) for final disposition 24 through interment or cremation, such person shall 25 VerDate Sep 11 2014 04:30 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H620.IH H620 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 620 IH submit a report to the Secretary for the reporting 1 period specifying— 2 ‘‘(A) the aggregate number of human re- 3 mains transferred to such person; and 4 ‘‘(B) how the person disposed of such re- 5 mains. 6 ‘‘(c) PENALTIES.— 7 ‘‘(1) INFORMED CONSENT VIOLATIONS.—An 8 abortion provider who fails to maintain the docu- 9 mentation required under subsection (a)(2)(B) shall 10 be subject to civil monetary penalties in an amount 11 not to exceed $50,000. 12 ‘‘(2) DISPOSAL VIOLATIONS.—Any abortion 13 provider who violates subsection (b)(1) shall be fined 14 in accordance with title 18, United States Code, im- 15 prisoned not more than 5 years, or both. 16 ‘‘(3) REPORTING.—Any abortion provider who 17 violates subsection (b)(2), and any person who vio- 18 lates subsection (b)(3), shall be fined in accordance 19 with title 18, United States Code. 20 ‘‘(4) BAR TO PROSECUTION.—A patient upon 21 whom an abortion in violation of subsection (b) is 22 performed or attempted may not be prosecuted 23 under, or for a conspiracy to violate, paragraph (1), 24 VerDate Sep 11 2014 04:30 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H620.IH H620 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 620 IH or for an offense under section 2, 3, or 4 of title 18, 1 United States Code, based on such a violation. 2 ‘‘(d) ANNUAL REPORTS BY THE SECRETARY.—The 3 Secretary shall submit to Congress an annual report on 4 the number of abortions by State, procedure type, and 5 method of disposal of human fetal tissue. 6 ‘‘(e) NON-PREEMPTION.—Nothing in this section 7 shall preempt any State requirement that, at a minimum, 8 requires interment or cremation in the same manner that 9 other human remains are required to be treated in such 10 State. 11 ‘‘(f) DEFINITIONS.—In this section— 12 ‘‘(1) the term ‘abortion’ means the use or pre- 13 scription of any instrument, medicine, drug, or any 14 other substance or device— 15 ‘‘(A) to intentionally kill the unborn child 16 of a woman known to be pregnant; or 17 ‘‘(B) to intentionally terminate the preg- 18 nancy of a woman known to be pregnant, with 19 an intention other than— 20 ‘‘(i) after viability to produce a live 21 birth and preserve the life and health of 22 the child born alive; or 23 ‘‘(ii) to remove a dead unborn child; 24 VerDate Sep 11 2014 04:30 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H620.IH H620 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 620 IH ‘‘(2) the term ‘abortion provider’ means an in- 1 dividual or entity that performs abortions; and 2 ‘‘(3) the term ‘human fetal tissue’ has the 3 meaning given the term in section 498A(g).’’. 4 Æ VerDate Sep 11 2014 04:30 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H620.IH H620 kjohnson on DSK79L0C42PROD with BILLS