Dignity for Aborted Children Act

II 117TH CONGRESS 1ST SESSION S. 293 To protect the dignity of fetal remains, and for other purposes. IN THE SENATE OF THE UNITED STATES FEBRUARY 8, 2021 Mr. BRAUN (for himself, Mr. DAINES, Mr. LANKFORD, Mr. THUNE, Mr. BLUNT, Mr. INHOFE, Mr. RUBIO, Mr. SCOTT of Florida, Mrs. BLACK- BURN, Mr. WICKER, Mr. TILLIS, Mr. YOUNG, Ms. ERNST, Mr. PAUL, Mr. COTTON, Mr. RISCH, Mr. HAGERTY, Mr. HAWLEY, Mr. LEE, Mr. MORAN, and Mrs. HYDE-SMITH) 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 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 SEC. 2. CONSTITUTIONAL AUTHORITY. 6 Congress enacts the following pursuant to Congress’ 7 power under— 8 VerDate Sep 11 2014 23:31 Feb 26, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S293.IS S293 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 293 IS (1) the Interstate Commerce Clause of section 1 8 of article I of the Constitution; 2 (2) section 5 of the 14th Amendment to the 3 Constitution of the United States, including the 4 power to enforce the prohibition on government ac- 5 tion denying equal protection of the laws; and 6 (3) section 8 of article I of the Constitution of 7 the United States to make all laws necessary and 8 proper for the carrying into execution of powers 9 vested by the Constitution in the Government of the 10 United States. 11 SEC. 3. PROTECTION OF FETAL REMAINS. 12 (a) IN GENERAL.—Part H of title IV of the Public 13 Health Service Act (42 U.S.C. 289 et seq.) is amended 14 by adding at the end the following: 15 ‘‘SEC. 498F. PROTECTION OF FETAL REMAINS. 16 ‘‘(a) CONSENT REQUIREMENT.— 17 ‘‘(1) IN GENERAL.—Any abortion provider, 18 after performing an abortion, shall provide the pa- 19 tient with an informed consent form, offering the 20 patient the following options for disposal of the 21 human fetal tissue from the abortion: 22 ‘‘(A) The patient may take possession of 23 the human fetal tissue and may choose to 24 VerDate Sep 11 2014 23:31 Feb 26, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S293.IS S293 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 293 IS transfer the tissue to an entity providing inter- 1 ment or cremation services. 2 ‘‘(B) The patient may elect to release the 3 human fetal tissue to the abortion provider, 4 who shall be subject to the requirements of sub- 5 section (b). 6 ‘‘(2) CONSENT REQUIREMENTS.—An abortion 7 provider described in paragraph (1) shall— 8 ‘‘(A) obtain a patient signature on each 9 consent form required under paragraph (1); 10 and 11 ‘‘(B) retain each such form in the patient’s 12 file. 13 ‘‘(b) PROVIDER DISPOSAL REQUIREMENT.—It shall 14 be unlawful for any abortion provider who, after per- 15 forming an abortion in which the woman on whom the 16 abortion was performed elects, pursuant to subsection 17 (a)(1)(B), to release the human fetal tissue to the abortion 18 provider, to fail to provide for the final disposition of the 19 human fetal tissue through interment or cremation, con- 20 sistent with State law regarding the disposal of human 21 remains, not later than 7 days after the date on which 22 the abortion procedure was performed. Such final disposi- 23 tion of human fetal tissue may be carried out through in- 24 VerDate Sep 11 2014 23:31 Feb 26, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S293.IS S293 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 293 IS terment or cremation of tissue from more than one abor- 1 tion procedure collectively. 2 ‘‘(c) PENALTIES.— 3 ‘‘(1) INFORMED CONSENT VIOLATIONS.—An 4 abortion provider who fails to maintain the docu- 5 mentation required under subsection (a)(2)(B) shall 6 be subject to civil monetary penalties in an amount 7 not to exceed $50,000. 8 ‘‘(2) DISPOSAL VIOLATIONS.—Any abortion 9 provider who violates subsection (b) shall be fined in 10 accordance with title 18, United States Code, im- 11 prisoned not more than 5 years, or both. 12 ‘‘(3) BAR TO PROSECUTION.—A patient upon 13 whom an abortion in violation of subsection (b) is 14 performed or attempted may not be prosecuted 15 under, or for a conspiracy to violate, paragraph (1), 16 or for an offense under section 2, 3, or 4 of title 18, 17 United States Code, based on such a violation. 18 ‘‘(d) REPORTING.—Each abortion provider described 19 in subsection (a)(1) shall submit annual reports to the 20 Secretary indicating, with respect to the reporting pe- 21 riod— 22 ‘‘(1) the aggregate number of abortion proce- 23 dures performed by such abortion provider; 24 VerDate Sep 11 2014 23:31 Feb 26, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S293.IS S293 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 293 IS ‘‘(2) the gestational age at the time of each 1 such procedure; and 2 ‘‘(3) for abortions carried out using an abortion 3 method other than chemical abortion, the aggregate 4 number of fetal remains transferred for interment or 5 cremation and the number released to patients. 6 ‘‘(e) ANNUAL REPORTS BY THE SECRETARY.—The 7 Secretary shall submit to Congress an annual report on 8 the number of abortions by State, procedure type, and 9 method of disposal of human fetal tissue. 10 ‘‘(f) NON-PREEMPTION.—Nothing in this section 11 shall preempt any State requirement that, at a minimum, 12 requires interment or cremation in the same manner that 13 other human remains are required to be treated in such 14 State. 15 ‘‘(g) DEFINITIONS.—In this section— 16 ‘‘(1) the term ‘abortion’ means the use or pre- 17 scription of any instrument, medicine, drug, or any 18 other substance or device— 19 ‘‘(A) to intentionally kill the unborn child 20 of a woman known to be pregnant; or 21 ‘‘(B) to intentionally terminate the preg- 22 nancy of a woman known to be pregnant, with 23 an intention other than— 24 VerDate Sep 11 2014 23:31 Feb 26, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S293.IS S293 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 293 IS ‘‘(i) after viability to produce a live 1 birth and preserve the life and health of 2 the child born alive; or 3 ‘‘(ii) to remove a dead unborn child; 4 ‘‘(2) the term ‘abortion provider’ means an in- 5 dividual or entity that performs abortions; and 6 ‘‘(3) the term ‘human fetal tissue’ has the 7 meaning given the term in section 498A(g).’’. 8 Æ VerDate Sep 11 2014 23:31 Feb 26, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\S293.IS S293 pamtmann on DSKBC07HB2PROD with BILLS