S. 2172

119 S2172 IS: Respectful Treatment of Unborn Remains Act of 2025
 U.S. Senate
 2025-06-25
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 II  119th CONGRESS  1st Session  S. 2172  IN THE SENATE OF THE UNITED STATES   June 25 (legislative day, June 24), 2025   Mr. Banks  introduced the following bill; which was read twice and referred to the  Committee on Health, Education, Labor, and Pensions    A BILL
To 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.
 .