II 

118TH CONGRESS 

1ST SESSION S. 1102 

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

IN THE SENATE OF THE UNITED STATES 

MARCH 30, 2023 

Mr. BRAUN (for himself, Mr. LANKFORD, Mr. MARSHALL, Mr. RUBIO, Mr. 

TILLIS, Mr. SCOTT of Florida, Mr. WICKER, and Mr. RISCH) 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— 

9 (1) the Interstate Commerce Clause of section 

10 8 of article I of the Constitution; 


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

2 Constitution of the United States, including the 

3 power to enforce the prohibition on government ac4 tion denying equal protection of the laws; and 

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

6 the United States to make all laws necessary and 

7 proper for the carrying into execution of powers 

8 vested by the Constitution in the Government of the 

9 United States. 

10 SEC. 3. PROTECTION OF FETAL REMAINS. 

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

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

13 by adding at the end the following: 

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

15 ‘‘(a) CONSENT REQUIREMENT.— 

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

17 after performing an abortion, shall provide the pa18 tient with an informed consent form, offering the 

19 patient the following options for disposal of the 

20 human fetal tissue from the abortion: 

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

22 the human fetal tissue and may choose to 

23 transfer the tissue to an entity providing inter24 ment or cremation services. 


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

2 human fetal tissue to the abortion provider, 

3 who shall be subject to the requirements of sub4 section (b). 

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

6 provider described in paragraph (1) shall— 

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

8 consent form required under paragraph (1); 

9 and 

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

11 file. 

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

13 be unlawful for any abortion provider who, after per14 forming an abortion in which the woman on whom the 

15 abortion was performed elects, pursuant to subsection 

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

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

18 human fetal tissue through interment or cremation, con19 sistent with State law regarding the disposal of human 

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

21 the abortion procedure was performed. Such final disposi22 tion of human fetal tissue may be carried out through in23 terment or cremation of tissue from more than one abor24 tion procedure collectively. 

25 ‘‘(c) PENALTIES.— 


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

2 abortion provider who fails to maintain the docu3 mentation required under subsection (a)(2)(B) shall 

4 be subject to civil monetary penalties in an amount 

5 not to exceed $50,000. 

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

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

8 accordance with title 18, United States Code, im9 prisoned not more than 5 years, or both. 

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

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

12 performed or attempted may not be prosecuted 

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

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

15 United States Code, based on such a violation. 

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

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

18 Secretary indicating, with respect to the reporting pe19 riod— 

20 ‘‘(1) the aggregate number of abortion proce21 dures performed by such abortion provider; 

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

23 such procedure; and 

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

25 method other than chemical abortion, the aggregate 


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1 number of fetal remains transferred for interment or 

2 cremation and the number released to patients. 

3 ‘‘(e) 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 ‘‘(f) 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 ‘‘(g) 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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