Bill > S242

This bill, titled the "Dignity for Aborted Children Act," establishes new federal requirements for the handling of fetal remains after an abortion procedure. The bill mandates that abortion providers must offer patients a choice in the disposal of fetal tissue: either take possession of the tissue and arrange for interment or cremation themselves, or release the tissue to the abortion provider. If patients choose to release the tissue, the provider must arrange for interment or cremation within 7 days, consistent with state laws for human remains disposal. The bill requires providers to obtain patient consent and maintain documentation, with potential civil penalties of up to $50,000 for failing to do so. Providers who violate the disposal requirements could face criminal penalties including fines and up to 5 years in prison. Additionally, the bill requires abortion providers to submit annual reports to the federal government detailing the number of procedures performed, gestational ages, and disposal methods. The legislation is grounded in constitutional authorities including the Interstate Commerce Clause, the 14th Amendment's equal protection provisions, and Congress's power to make laws necessary for governing the United States. Importantly, the bill does not preempt state laws that may have more stringent requirements for fetal remains disposal.