119 S2172 IS: Respectful Treatment of Unborn Remains Act of 2025 U.S. Senate 2025-06-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II119th CONGRESS1st SessionS. 2172IN THE SENATE OF THE UNITED STATESJune 25 (legislative day, June 24), 2025Mr. Banks introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo prohibit fetal remains in publicly owned water systems, and for other purposes.

1.

Short title

This Act may be cited as the Respectful Treatment of Unborn Remains Act of 2025.

2.

Prohibition of fetal remains in publicly owned water systems

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.

Prohibition of fetal remains in publicly owned water systems

(a)

In general

An abortion provider may not cause fetal remains to be placed into a publicly owned water system.(b)

Penalties for violation

An abortion provider who violates subsection (a) shall be fined in accordance with title 18, United States Code, imprisoned not more than 5 years, or both.(c)

No liability for individual upon whom abortion is performed

Notwithstanding any other provision of law, an individual upon whom an abortion is performed shall not be liable for any offense related to a violation of subsection (a) with respect to such abortion.(d)

Relation to other law

Nothing in this section may be construed to preempt a State or local requirement that prohibits an abortion provider from causing fetal remains to be placed into a publicly owned water system.(e)

Definitions

In this section:(1)

Abortion

The term abortion means a procedure involving the use or prescription of a device or substance—(A)to intentionally kill the unborn child of an individual known to be pregnant; or(B)to intentionally terminate the pregnancy of such an individual, unless such termination is conducted with the intent to—(i)produce a live birth and preserve the life and health of such child; or(ii)remove a dead unborn child from the body of such an individual.(2)

Abortion provider

(A)

In general

The term abortion provider means an individual who performs an abortion.(B)

Exclusion

The term abortion provider does not include, with respect to an abortion, the individual upon whom the abortion is performed.(3)

Fetal remains

The term fetal remains means—(A)the remains of an aborted fetus (or a portion thereof); and(B)any other medical waste associated with an abortion.(4)

Publicly owned water system

The term publicly owned water system means a system of facilities owned or controlled by a Federal, State, or local government entity, the purpose of which is to provide, transport, or treat water, including the drains, pipes, and other devices that connect to such system.

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