United States 119th Congress Status: In Committee 13 R cosponsors
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S 242 — Dignity for Aborted Children Act

Last action — Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill is in committee in the Senate. Introduced January 24, 2025. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the Senate.

Prognosis

Stalled 28% · moderate confidence

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

  • In Committee

    Current position in the legislative process.

  • 13 sponsors

    1 primary, 12 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (13 R).

  • Spreading across states

    Near-identical bills in 1 other state — cross-state momentum.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Dignity for Aborted Children ActThis bill establishes requirements for abortion providers with respect to the disposal 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 and to retain the corresponding documentation in the patient's file.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, patients may choose 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 submit reports annually to the Department of Health and Human Services about these requirements and other specified information.The bill establishes civil penalties for violations of the requirement to retain documentation of informed consent, and it establishes criminal penalties for violations of the requirement regarding the disposal of human fetal tissue.

Bill Text

How this bill changes current law

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Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill amends existing law to establish new requirements and penalties related to the disposal of human fetal tissue by abortion providers.

  • 42 U.S.C. 289

    SEC. 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).

    This addition establishes specific consent requirements for patients regarding the disposal of fetal tissue, mandates how abortion providers must handle the remains, and outlines penalties for violations.

Action History

  1. Introduced in Senate

  2. Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Sponsors

Sponsorship breakdown

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1 sponsors · 12 co-sponsors · 534 not signed on

Sponsors (1)

Co-sponsors (12)

Not signed on (534)

534 members have not signed on to this bill.

Show all 534 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

civil-rights healthcare

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Frequently asked questions

What does S 242 do?
Dignity for Aborted Children ActThis bill establishes requirements for abortion providers with respect to the disposal 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 and to retain the corresponding documentation in the patient's file.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, patients may choose 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 submit reports annually to the Department of Health and Human Services about these requirements and other specified information.The bill establishes civil penalties for violations of the requirement to retain documentation of informed consent, and it establishes criminal penalties for violations of the requirement regarding the disposal of human fetal tissue.
Who sponsors S 242?
S 242 is sponsored by Ricketts, Pete (Republican), Lankford, James (Republican), Sheehy, Tim (Republican), Banks, Jim (Republican), Daines, Steve (Republican), Risch, James E. (Republican), Rounds, Mike (Republican), Wicker, Roger F. (Republican), Schmitt, Eric (Republican), Justice, James C. (Republican), Tillis, Thomas (Republican), Hawley, Josh (Republican), and Cornyn, John (Republican).
What is the current status of S 242?
This bill is in committee in the Senate. Introduced January 24, 2025. It must pass committee before a floor vote.
Where can I track S 242?
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