‘‘(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; REPORT-
ING 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 per-
formed elects, pursuant to subsection (a)(1)(B), to 
release the human fetal tissue to the abortion pro-
vider, to fail to provide for the final disposition of 
the human fetal tissue through interment or crema-
tion, consistent with State law regarding the dis-
posal of human remains, not later than 7 days after 
the date on which the abortion procedure was per-
formed. Such final disposition of human fetal tissue 
may be carried out through interment or cremation 
of tissue from more than one abortion procedure col-
lectively. 
‘‘(2) REPORTING BY ABORTION PROVIDERS.— 
Each abortion provider described in subsection 
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(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 pro-
vider; 
‘‘(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 re-
mains for which the abortion provider pro-
vides for final disposition through inter-
ment or cremation (other than by releasing 
the fetal remains to patients); and 
‘‘(ii) the aggregate number of fetal re-
mains released to patients; and 
‘‘(D) the identity of each person (not in-
cluding the patient) to whom the abortion pro-
vider transfers fetal remains for final disposi-
tion. 
‘‘(3) REPORTING BY THIRD PARTIES.—If, dur-
ing a reporting period under paragraph (2), an abor-
tion provider transfers fetal remains to another per-
son (not including the patient) for final disposition 
through interment or cremation, such person shall 
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submit a report to the Secretary for the reporting 
period specifying— 
‘‘(A) the aggregate number of human re-
mains transferred to such person; and 
‘‘(B) how the person disposed of such re-
mains. 
‘‘(c) PENALTIES.— 
‘‘(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)(1) shall be fined 
in accordance with title 18, United States Code, im-
prisoned not more than 5 years, or both. 
‘‘(3) REPORTING.—Any abortion provider who 
violates subsection (b)(2), and any person who vio-
lates 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), 
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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’ 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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