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. BLACKBURN, 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. 

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’’. 

6 SEC. 2. CONSTITUTIONAL AUTHORITY. 

7 Congress enacts the following pursuant to Congress’ 

8 power under— 


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1 (1) the Interstate Commerce Clause of section 

2 8 of article I of the Constitution; 

3 (2) section 5 of the 14th Amendment to the 

4 Constitution of the United States, including the 

5 power to enforce the prohibition on government ac6 tion denying equal protection of the laws; and 

7 (3) section 8 of article I of the Constitution of 

8 the United States to make all laws necessary and 

9 proper for the carrying into execution of powers 

10 vested by the Constitution in the Government of the 

11 United States. 

12 SEC. 3. PROTECTION OF FETAL REMAINS. 

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

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

15 by adding at the end the following: 

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

17 ‘‘(a) CONSENT REQUIREMENT.— 

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

19 after performing an abortion, shall provide the pa20 tient with an informed consent form, offering the 

21 patient the following options for disposal of the 

22 human fetal tissue from the abortion: 

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

24 the human fetal tissue and may choose to 


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1 transfer the tissue to an entity providing inter2 ment or cremation services. 

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

4 human fetal tissue to the abortion provider, 

5 who shall be subject to the requirements of sub6 section (b). 

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

8 provider described in paragraph (1) shall— 

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

10 consent form required under paragraph (1); 

11 and 

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

13 file. 

14 ‘‘(b) PROVIDER DISPOSAL REQUIREMENT.—It shall 

15 be unlawful for any abortion provider who, after per16 forming an abortion in which the woman on whom the 

17 abortion was performed elects, pursuant to subsection 

18 (a)(1)(B), to release the human fetal tissue to the abortion 

19 provider, to fail to provide for the final disposition of the 

20 human fetal tissue through interment or cremation, con21 sistent with State law regarding the disposal of human 

22 remains, not later than 7 days after the date on which 

23 the abortion procedure was performed. Such final disposi24 tion of human fetal tissue may be carried out through inVerDate Sep 11 2014 23:31 Feb 26, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S293.IS S293

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1 terment or cremation of tissue from more than one abor2 tion procedure collectively. 

3 ‘‘(c) PENALTIES.— 

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

5 abortion provider who fails to maintain the docu6 mentation required under subsection (a)(2)(B) shall 

7 be subject to civil monetary penalties in an amount 

8 not to exceed $50,000. 

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

10 provider who violates subsection (b) shall be fined in 

11 accordance with title 18, United States Code, im12 prisoned not more than 5 years, or both. 

13 ‘‘(3) BAR TO PROSECUTION.—A patient upon 

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

15 performed or attempted may not be prosecuted 

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

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

18 United States Code, based on such a violation. 

19 ‘‘(d) REPORTING.—Each abortion provider described 

20 in subsection (a)(1) shall submit annual reports to the 

21 Secretary indicating, with respect to the reporting pe22 riod— 

23 ‘‘(1) the aggregate number of abortion proce24 dures performed by such abortion provider; 


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1 ‘‘(2) the gestational age at the time of each 

2 such procedure; and 

3 ‘‘(3) for abortions carried out using an abortion 

4 method other than chemical abortion, the aggregate 

5 number of fetal remains transferred for interment or 

6 cremation and the number released to patients. 

7 ‘‘(e) ANNUAL REPORTS BY THE SECRETARY.—The 

8 Secretary shall submit to Congress an annual report on 

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

10 method of disposal of human fetal tissue. 

11 ‘‘(f) NON-PREEMPTION.—Nothing in this section 

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

13 requires interment or cremation in the same manner that 

14 other human remains are required to be treated in such 

15 State. 

16 ‘‘(g) DEFINITIONS.—In this section— 

17 ‘‘(1) the term ‘abortion’ means the use or pre18 scription of any instrument, medicine, drug, or any 

19 other substance or device— 

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

21 of a woman known to be pregnant; or 

22 ‘‘(B) to intentionally terminate the preg23 nancy of a woman known to be pregnant, with 

24 an intention other than— 


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

2 birth and preserve the life and health of 

3 the child born alive; or 

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

5 ‘‘(2) the term ‘abortion provider’ means an in6 dividual or entity that performs abortions; and 

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

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

Æ 


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