Us Congress 2025-2026 Regular Session

Us Congress House Bill HB798

Introduced
1/28/25  

Caption

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.

Impact

The bill imposes legal obligations on abortion providers, including strict reporting requirements and potential civil penalties for non-compliance. Facilities must report the aggregate number of abortions performed, the gestational age at the time of each procedure, and details regarding the disposal of fetal remains. These new regulations could significantly alter the operational landscape for abortion providers, potentially leading to increased administrative burdens or costs associated with compliance and reporting.

Summary

House Bill 798, titled the 'Dignity for Aborted Children Act', focuses on the treatment and disposal of human fetal tissue following an abortion. The bill mandates that abortion providers must obtain informed consent from patients regarding the disposal of fetal remains. Patients will have options to either take possession of the fetal tissue themselves or transfer it to the provider for interment or cremation services. This requirement aims to ensure that fetal remains are treated with dignity, reflecting a growing concern over the ethical implications of disposing of such remains after an abortion procedure.

Contention

Key points of contention surrounding HB 798 are likely to revolve around issues of reproductive rights and the regulatory oversight of abortion services. Supporters of the bill argue that it protects the dignity of human life, while opponents may view it as an additional impediment to access reproductive healthcare. The specificity of disposal methods and the consent process may ignite debates over patient autonomy, privacy, and the ethical treatment of fetal remains. Furthermore, concerns may arise about the increased potential for criminalization of abortion providers, particularly if they fail to meet the new reporting and disposal requirements imposed by the bill.

Congress_id

119-HR-798

Policy_area

Health

Introduced_date

2025-01-28

Companion Bills

US SB242

Identical bill 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.

Previously Filed As

US HB398

Protecting Life and Integrity in Research Act of 2023 This bill restricts research that uses human fetal tissue from an induced abortion. Specifically, it prohibits the Department of Health and Human Services from conducting or supporting such research. Additionally, the bill applies requirements on the research of transplantation of fetal tissue for therapeutic purposes to research on fetal tissue in general. The bill also prohibits soliciting or acquiring a donation of human fetal tissue from an induced abortion, other than for purposes of an autopsy or burial.

US HB12

Women's Health Protection Act of 2023 This bill prohibits governmental restrictions on the provision of, and access to, abortion services. Before fetal viability, governments may not restrict providers from using particular abortion procedures or drugs, offering abortion services via telemedicine, or immediately providing abortion services if delaying risks the patient's health. Furthermore, governments may not require providers to perform unnecessary medical procedures, provide medically inaccurate information, or comply with credentialing or other conditions that do not apply to providers who offer medically comparable services to abortions. Additionally, governments may not require patients to make medically unnecessary in-person visits before receiving abortion services or disclose their reasons for obtaining services. After fetal viability, governments may not restrict providers from performing abortions when necessary to protect a patient's life and health. The same provisions that apply to abortions before viability also apply to necessary abortions after viability. Additionally, states may authorize post-viability abortions in circumstances beyond those that the bill considers necessary. Further, the bill recognizes an individual's right to interstate travel, including for abortion services. The bill also prohibits governments from implementing measures that are similar to those restricted by the bill or that otherwise single out and impede access to abortion services, unless the measure significantly advances the safety of abortion services or health of patients and cannot be achieved through less restrictive means. The Department of Justice, individuals, or providers may sue states or government officials to enforce this bill, regardless of certain immunity that would otherwise apply.

US HB421

Teleabortion Prevention Act of 2023 This bill restricts the use of telehealth for chemical abortions (also known as medication abortions). Specifically, it requires a provider who dispenses or prescribes medication for a chemical abortion to physically examine the patient, be physically present at the location of the chemical abortion, and schedule a follow-up visit for the patient. The bill provides an exception for a chemical abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, illness, injury, or condition. The bill establishes criminal penalties—a fine, a prison term of up to two years, or both—for a provider who does not comply with the requirements. A patient who undergoes a chemical abortion may not be prosecuted.

US HB330

Title X Abortion Provider Prohibition Act This bill prohibits the Department of Health and Human Services (HHS) from awarding family planning grants to entities that perform abortions or provide funding to other entities that perform abortions. To receive a grant, an entity must certify it will refrain from those activities during the grant period. The bill provides exceptions for abortions (1) in cases of rape or incest; or (2) when the life of the woman is in danger due to a physical disorder, injury, or illness. It also exempts hospitals unless they provide funds to non-hospital entities that provide abortions. HHS must report annually on this prohibition.

US HB428

Protecting the Dignity of Unborn Children Act of 2023 This bill establishes a new criminal offense for recklessly disposing of or abandoning fetal remains in a landfill or in any navigable waters of the United States. The term fetal remains means any part (except a cremated part) of a deceased human fetus following an abortion. A violator is subject to a fine, up to three years in prison, or both.

US HB116

Pregnant Women Health and Safety Act of 2023 This bill establishes requirements for physicians who perform abortions and abortion clinics. Specifically, the bill requires a physician who performs an abortion (1) to have admitting privileges at a nearby hospital; and (2) at the time of the abortion, to notify the patient of the hospital location where the patient can receive follow-up care if complications arise. A physician who fails to comply is subject to criminal penalties—a fine, a prison term of up to two years, or both. A woman who undergoes an abortion may not be prosecuted. The bill also requires an abortion clinic, in order to receive federal funds or assistance, to (1) be licensed by the state in which it is located, and (2) be in compliance with federal standards for ambulatory surgical centers.

US HB175

Heartbeat Protection Act of 2023 This bill makes it a crime for a physician to knowingly perform an abortion (1) without determining whether the unborn child has a detectable heartbeat, (2) without informing the mother of the results, or (3) after determining that a unborn child has a detectable heartbeat. A physician who performs a prohibited abortion is subject to criminal penalties—a fine, up to five years in prison, or both. The bill provides an exception for an abortion that is necessary to save the life of a mother whose life is endangered by a physical (but not psychological or emotional) disorder, illness, or condition. It also provides exceptions for certain pregnancies that are the result of rape or incest. A physician who performs or attempts to perform an abortion under an exception must comply with specified requirements. A woman who undergoes a prohibited abortion may not be prosecuted for violating or conspiring to violate the provisions of this bill.

US HB371

Defund Planned Parenthood Act of 2023 This bill restricts federal funding for Planned Parenthood Federation of America Inc. or any of its affiliates or clinics for one year. Specifically, it prohibits funding those entities unless they certify that the affiliates and clinics will not perform, and will not provide funds to entities that perform, abortions during that year. If the certification requirement is not met, the Department of Health and Human Services and the Department of Agriculture must recoup any federal assistance received by those entities. However, the bill's funding restriction does not apply to abortions performed in cases of rape or incest or when necessary to resolve a physical condition that endangers a woman's life. The bill also provides additional funding for community health centers for the one-year period. These funds are subject to the same abortion-related restrictions and exceptions.

US HB416

Prohibiting Abortion Industry's Lucrative Loopholes Act This bill expands the prohibition on the sale or purchase of human fetal tissue in interstate commerce to include any payments associated with the transportation, implantation, processing, preservation, quality control, or storage of such tissue.

US HB435

Protecting Life on College Campus Act of 2023 This bill prohibits the award of federal funds to an institution of higher education (IHE) that hosts or is affiliated with a school-based service site that provides abortion drugs or abortions to its students or to employees of the IHE or the site. An IHE that hosts or is affiliated with a site must, in order to remain eligible for federal funds, annually certify that the site does not provide abortion drugs or abortions to students or employees.

Similar Bills

No similar bills found.