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Requires abortion providers to give patients a written informed-consent form that offers options for how fetal tissue will be handled after an abortion, and creates federal rules for what providers must do if a patient releases fetal tissue to them. It adds recordkeeping and reporting requirements, criminal and civil penalties for violations, an annual federal report to Congress, and allows States to require stricter treatment of fetal remains. The measure also states the constitutional bases Congress relies on for the law.
Authorizes Congress to act under the Interstate Commerce Clause (section 8 of Article I of the Constitution).
Authorizes Congress to act under Section 5 of the 14th Amendment, including the power to enforce the prohibition on government action denying equal protection of the laws.
Authorizes Congress to act under the Necessary and Proper Clause (section 8 of Article I) to make laws needed to carry into execution powers vested by the Constitution in the U.S. Government.
Abortion providers must give the patient an informed-consent form after performing an abortion that offers two options for disposal of the human fetal tissue: (A) the patient may take possession of the tissue and transfer it to an entity providing interment or cremation services, or (B) the patient may release the tissue to the abortion provider, who must then follow the provider disposal rules.
If the patient elects to release fetal tissue to the abortion provider, the provider must provide for final disposition (interment or cremation) consistent with State law not later than 7 days after the abortion.
Primary impacts fall on abortion providers and the patients receiving abortion care. Providers must incorporate a new informed-consent form, track offers and transfers of fetal tissue, retain records, and submit reports to the federal government; compliance will raise administrative workload and potential costs (staff time, record systems, legal review). Criminal and civil penalties increase legal risk for clinics and individual practitioners, which may alter clinic practices or deter some activities related to fetal tissue transfer or disposal. Patients are directly affected by being presented with disposition options; their choices and any releases will determine downstream handling. Public health agencies and the Department of Health may need to create guidance, collect data, and produce the mandated annual report to Congress. States retain authority to set stricter requirements, which can produce differing rules across states and increase complexity for providers operating in multiple jurisdictions. Scientific researchers who sometimes receive fetal tissue (or who rely on transfers) could see changes depending on disposal and transfer rules, though the primary focus is on provider handling and disposal rather than research authorization. The provision citing multiple constitutional bases may be intended to strengthen the statute against legal challenge, but the subject matter (abortion and fetal tissue) makes it likely to generate litigation and political controversy, affecting enforcement and interpretation.
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Introduced January 24, 2025 by John Peter Ricketts · Last progress January 24, 2025
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Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Introduced in Senate