I 
118TH CONGRESS 
1ST SESSION H. R. 4345 
To protect the dignity of fetal remains, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 23, 2023 
Mrs. MILLER of Illinois (for herself, Mrs. LUNA, Mr. GOSAR, Mr. BABIN, Mr. 
BRECHEEN, Mr. ARRINGTON, Mr. HARRIS, and Ms. GREENE of Georgia) 
introduced the following bill; which was referred to the Committee on En-
ergy and Commerce 
A BILL 
To protect the dignity of fetal remains, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Dignity for Aborted 
Children Act’’. 
SEC. 2. CONSTITUTIONAL AUTHORITY. 
Congress enacts the following pursuant to Congress’ 
power under— 
(1) the Interstate Commerce Clause of section 
8 of article I of the Constitution; 
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(2) section 5 of the 14th Amendment to the 
Constitution of the United States, including the 
power to enforce the prohibition on government ac-
tion denying equal protection of the laws; and 
(3) section 8 of article I of the Constitution of 
the United States to make all laws necessary and 
proper for the carrying into execution of powers 
vested by the Constitution in the Government of the 
United States. 
SEC. 3. PROTECTION OF FETAL REMAINS. 
(a) IN GENERAL.—Part H of title IV of the Public 
Health Service Act (42 U.S.C. 289 et seq.) is amended 
by adding at the end the following: 
‘‘SEC. 498F. PROTECTION OF FETAL REMAINS. 
‘‘(a) CONSENT REQUIREMENT.— 
‘‘(1) IN
GENERAL.—Any abortion provider, 
after performing an abortion, shall provide the pa-
tient 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 inter-
ment or cremation services. 
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‘‘(B) The patient may elect to release the 
human fetal tissue to the abortion provider, 
who shall be subject to the requirements of sub-
section (b). 
‘‘(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.—It shall 
be unlawful for any abortion provider who, after per-
forming an abortion 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, con-
sistent 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 disposi-
tion of human fetal tissue may be carried out through in-
terment or cremation of tissue from more than one abor-
tion procedure collectively. 
‘‘(c) PENALTIES.— 
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‘‘(1) INFORMED
CONSENT
VIOLATIONS.—An 
abortion provider who fails to maintain the docu-
mentation 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) shall be fined in 
accordance with title 18, United States Code, im-
prisoned not more than 5 years, or both. 
‘‘(3) 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) REPORTING.—Each abortion provider described 
in subsection (a)(1) shall submit annual reports to the 
Secretary indicating, with respect to the reporting pe-
riod— 
‘‘(1) the aggregate number of abortion proce-
dures performed by such abortion provider; 
‘‘(2) the gestational age at the time of each 
such procedure; and 
‘‘(3) for abortions carried out using an abortion 
method other than chemical abortion, the aggregate 
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number of fetal remains transferred for interment or 
cremation and the number released to patients. 
‘‘(e) 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. 
‘‘(f) 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. 
‘‘(g) DEFINITIONS.—In this section— 
‘‘(1) the term ‘abortion’ means the use or pre-
scription of any instrument, medicine, drug, or any 
other substance or device— 
‘‘(A) to intentionally kill the unborn child 
of a woman known to be pregnant; or 
‘‘(B) to intentionally terminate the preg-
nancy 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; 
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‘‘(2) the term ‘abortion provider’ means an in-
dividual or entity that performs abortions; and 
‘‘(3) the term ‘human fetal tissue’ has the 
meaning given the term in section 498A(g).’’. 
Æ 
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