(1)

the Interstate Commerce Clause of section 8 of article I of the Constitution;

(2)

section 5 of the 14th Amendment to the Constitution of the United States, including the power to enforce the prohibition on government action 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.

(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:

498F. Protection of fetal remains

(a) Consent requirement

(1) In general

Any abortion provider, after performing an abortion, 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).

(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 performing 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, 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.

(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) shall be fined in accordance with title 18, United States Code, imprisoned 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 period—

(1)

the aggregate number of abortion procedures 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 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 prescription 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 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 means an individual or entity that performs abortions; and

(3)

the term human fetal tissue has the meaning given the term in section 498A(g).