Dignity for Aborted Children Act

To protect the dignity of fetal remains, and for other purposes. 1. Short title This Act may be cited as the Dignity for Aborted Children Act 2. Protection of fetal remains (a) In general Part H of title IV of the Public Health Service Act ( 42 U.S.C. 289 498F. Protection of fetal remains (a) Consent requirement (1) In general Any abortion provider, after performing an abortion in or affecting interstate or foreign commerce, shall provide the patient with an informed consent form, offering the patient the following options for disposal of the human fetal tissue from the abortion: (A) The patient may take possession of the human fetal tissue and may choose to transfer the tissue to an entity providing interment or cremation services. (B) The patient may elect to release the human fetal tissue to the abortion provider, who shall be subject to the requirements of subsection (b), except that the option described in this subparagraph shall not be available if the patient does not expel the human fetal tissue at the premises of the abortion provider. (2) Consent requirements An abortion provider described in paragraph (1) shall— (A) obtain a patient signature on each consent form required under paragraph (1); and (B) retain each such form in the patient's file. (b) Provider disposal requirement; reporting requirements (1) In general It shall be unlawful for any abortion provider who, after performing an abortion, in or affecting interstate or foreign commerce, in which the woman on whom the abortion was performed elects, pursuant to subsection (a)(1)(B), to release the human fetal tissue to the abortion provider, to fail to provide for the final disposition of the human fetal tissue through interment or cremation, consistent with State law regarding the disposal of human remains, not later than 7 days after the date on which the abortion procedure was performed. Such final disposition of human fetal tissue may be carried out through interment or cremation of tissue from more than one abortion procedure collectively. (2) Reporting by abortion providers Each abortion provider described in subsection (a)(1) shall submit annual reports to the Secretary indicating, with respect to the reporting period— (A) the aggregate number of abortion procedures performed by such abortion provider; (B) the gestational age at the time of each such procedure; (C) for abortions carried out using an abortion method other than chemical abortion— (i) the aggregate number of fetal remains for which the abortion provider provides for final disposition through interment or cremation (other than by releasing the fetal remains to patients); and (ii) the aggregate number of fetal remains released to patients; and (D) the identity of each person (not including the patient) to whom the abortion provider transfers fetal remains for final disposition. (3) Reporting by third parties If, during a reporting period under paragraph (2), an abortion provider transfers fetal remains to another person (not including the patient) for final disposition through interment or cremation, such person shall submit a report to the Secretary for the reporting period specifying— (A) the aggregate number of human remains transferred to such person; and (B) how the person disposed of such remains. (c) Penalties (1) Informed consent violations An abortion provider who fails to maintain the documentation required under subsection (a)(2)(B) shall be subject to civil monetary penalties in an amount not to exceed $50,000. (2) Disposal violations Any abortion provider who violates subsection (b)(1) shall be fined in accordance with title 18, United States Code, imprisoned not more than 5 years, or both. (3) Reporting Any abortion provider who violates subsection (b)(2), and any person who violates subsection (b)(3), shall be fined in accordance with title 18, United States Code. (4) Bar to prosecution A patient upon whom an abortion in violation of subsection (b) is performed or attempted may not be prosecuted under, or for a conspiracy to violate, paragraph (1), or for an offense under section 2, 3, or 4 of title 18, United States Code, based on such a violation. (d) Annual reports by the Secretary The Secretary shall submit to Congress an annual report on the number of abortions by State, procedure type, and method of disposal of human fetal tissue. (e) Non-Preemption Nothing in this section shall preempt any State requirement that, at a minimum, requires interment or cremation in the same manner that other human remains are required to be treated in such State. (f) Definitions In this section— (1) the term abortion (A) to intentionally kill the unborn child of a woman known to be pregnant; or (B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than— (i) after viability to produce a live birth and preserve the life and health of the child born alive; or (ii) to remove a dead unborn child; (2) the term abortion provider (3) the term human fetal tissue .

Summary: Dignity for Aborted Children Act This bill sets out requirements for the disposition of human fetal tissue from an abortion. Specifically, it requires abortion providers to obtain a patient's informed consent for one of two specified methods of disposition. First, patients may choose to retain possession of the tissue. A patient may choose to transfer the tissue to an entity that provides interment or cremation services. Second, in cases where the tissue is expelled on the provider’s premises, the patient may elect to release the tissue to the provider. Providers must ensure any tissue released to them is interred or cremated within seven days of the procedure in a manner consistent with state law regarding the disposal of human remains. Abortion providers must report annually about these requirements and other specified information. The bill provides civil or criminal penalties for violations of disposal, informed consent, and reporting requirements.