I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Dignity for Aborted 

5 Children Act’’. 


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1 SEC. 2. PROTECTION OF FETAL REMAINS. 

2 (a) IN GENERAL.—Part H of title IV of the Public 

3 Health Service Act (42 U.S.C. 289 et seq.) is amended 

4 by adding at the end the following: 

5 ‘‘SEC. 498F. PROTECTION OF FETAL REMAINS. 

6 ‘‘(a) CONSENT REQUIREMENT.— 

7 ‘‘(1) IN GENERAL.—Any abortion provider, 

8 after performing an abortion in or affecting inter9 state or foreign commerce, shall provide the patient 

10 with an informed consent form, offering the patient 

11 the following options for disposal of the human fetal 

12 tissue from the abortion: 

13 ‘‘(A) The patient may take possession of 

14 the human fetal tissue and may choose to 

15 transfer the tissue to an entity providing inter16 ment or cremation services. 

17 ‘‘(B) The patient may elect to release the 

18 human fetal tissue to the abortion provider, 

19 who shall be subject to the requirements of sub20 section (b), except that the option described in 

21 this subparagraph shall not be available if the 

22 patient does not expel the human fetal tissue at 

23 the premises of the abortion provider. 

24 ‘‘(2) CONSENT REQUIREMENTS.—An abortion 

25 provider described in paragraph (1) shall— 


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1 ‘‘(A) obtain a patient signature on each 

2 consent form required under paragraph (1); 

3 and 

4 ‘‘(B) retain each such form in the patient’s 

5 file. 

6 ‘‘(b) PROVIDER DISPOSAL REQUIREMENT; REPORT7 ING REQUIREMENTS.— 

8 ‘‘(1) IN GENERAL.—It shall be unlawful for any 

9 abortion provider who, after performing an abortion, 

10 in or affecting interstate or foreign commerce, in 

11 which the woman on whom the abortion was per12 formed elects, pursuant to subsection (a)(1)(B), to 

13 release the human fetal tissue to the abortion pro14 vider, to fail to provide for the final disposition of 

15 the human fetal tissue through interment or crema16 tion, consistent with State law regarding the dis17 posal of human remains, not later than 7 days after 

18 the date on which the abortion procedure was per19 formed. Such final disposition of human fetal tissue 

20 may be carried out through interment or cremation 

21 of tissue from more than one abortion procedure col22 lectively. 

23 ‘‘(2) REPORTING BY ABORTION PROVIDERS.— 

24 Each abortion provider described in subsection 


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1 (a)(1) shall submit annual reports to the Secretary 

2 indicating, with respect to the reporting period— 

3 ‘‘(A) the aggregate number of abortion 

4 procedures performed by such abortion pro5 vider; 

6 ‘‘(B) the gestational age at the time of 

7 each such procedure; 

8 ‘‘(C) for abortions carried out using an 

9 abortion method other than chemical abortion— 

10 ‘‘(i) the aggregate number of fetal re11 mains for which the abortion provider pro12 vides for final disposition through inter13 ment or cremation (other than by releasing 

14 the fetal remains to patients); and 

15 ‘‘(ii) the aggregate number of fetal re16 mains released to patients; and 

17 ‘‘(D) the identity of each person (not in18 cluding the patient) to whom the abortion pro19 vider transfers fetal remains for final disposi20 tion. 

21 ‘‘(3) REPORTING BY THIRD PARTIES.—If, dur22 ing a reporting period under paragraph (2), an abor23 tion provider transfers fetal remains to another per24 son (not including the patient) for final disposition 

25 through interment or cremation, such person shall 


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1 submit a report to the Secretary for the reporting 

2 period specifying— 

3 ‘‘(A) the aggregate number of human re4 mains transferred to such person; and 

5 ‘‘(B) how the person disposed of such re6 mains. 

7 ‘‘(c) PENALTIES.— 

8 ‘‘(1) INFORMED CONSENT VIOLATIONS.—An 

9 abortion provider who fails to maintain the docu10 mentation required under subsection (a)(2)(B) shall 

11 be subject to civil monetary penalties in an amount 

12 not to exceed $50,000. 

13 ‘‘(2) DISPOSAL VIOLATIONS.—Any abortion 

14 provider who violates subsection (b)(1) shall be fined 

15 in accordance with title 18, United States Code, im16 prisoned not more than 5 years, or both. 

17 ‘‘(3) REPORTING.—Any abortion provider who 

18 violates subsection (b)(2), and any person who vio19 lates subsection (b)(3), shall be fined in accordance 

20 with title 18, United States Code. 

21 ‘‘(4) BAR TO PROSECUTION.—A patient upon 

22 whom an abortion in violation of subsection (b) is 

23 performed or attempted may not be prosecuted 

24 under, or for a conspiracy to violate, paragraph (1), 


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1 or for an offense under section 2, 3, or 4 of title 18, 

2 United States Code, based on such a violation. 

3 ‘‘(d) ANNUAL REPORTS BY THE SECRETARY.—The 

4 Secretary shall submit to Congress an annual report on 

5 the number of abortions by State, procedure type, and 

6 method of disposal of human fetal tissue. 

7 ‘‘(e) NON-PREEMPTION.—Nothing in this section 

8 shall preempt any State requirement that, at a minimum, 

9 requires interment or cremation in the same manner that 

10 other human remains are required to be treated in such 

11 State. 

12 ‘‘(f) DEFINITIONS.—In this section— 

13 ‘‘(1) the term ‘abortion’ means the use or pre14 scription of any instrument, medicine, drug, or any 

15 other substance or device— 

16 ‘‘(A) to intentionally kill the unborn child 

17 of a woman known to be pregnant; or 

18 ‘‘(B) to intentionally terminate the preg19 nancy of a woman known to be pregnant, with 

20 an intention other than— 

21 ‘‘(i) after viability to produce a live 

22 birth and preserve the life and health of 

23 the child born alive; or 

24 ‘‘(ii) to remove a dead unborn child; 


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1 ‘‘(2) the term ‘abortion provider’ means an in2 dividual or entity that performs abortions; and 

3 ‘‘(3) the term ‘human fetal tissue’ has the 

4 meaning given the term in section 498A(g).’’. 

Æ 


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