HR4131-119

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: An abortion provider may not cause fetal remains to be placed into a publicly owned water system. 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. 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. 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. In this section: The term abortion means a procedure involving the use or prescription of a device or substance— to intentionally kill the unborn child of an individual known to be pregnant; or to intentionally terminate the pregnancy of such an individual, unless such termination is conducted with the intent to— produce a live birth and preserve the life and health of such child; or remove a dead unborn child from the body of such an individual. The term abortion provider means an individual who performs an abortion. The term abortion provider does not include, with respect to an abortion, the individual upon whom the abortion is performed. The term fetal remains means— the remains of an aborted fetus (or a portion thereof); and any other medical waste associated with an abortion. 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. 498F.Prohibition of fetal remains in publicly owned water systems (a)In generalAn abortion provider may not cause fetal remains to be placed into a publicly owned water system. (b)Penalties for violationAn 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 performedNotwithstanding 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 lawNothing 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)DefinitionsIn this section: (1)AbortionThe 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 generalThe term abortion provider means an individual who performs an abortion. (B)ExclusionThe term abortion provider does not include, with respect to an abortion, the individual upon whom the abortion is performed. (3)Fetal remainsThe 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 systemThe 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..

498F. Prohibition of fetal remains in publicly owned water systems An abortion provider may not cause fetal remains to be placed into a publicly owned water system. 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. 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. 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. In this section: The term abortion means a procedure involving the use or prescription of a device or substance— to intentionally kill the unborn child of an individual known to be pregnant; or to intentionally terminate the pregnancy of such an individual, unless such termination is conducted with the intent to— produce a live birth and preserve the life and health of such child; or remove a dead unborn child from the body of such an individual. The term abortion provider means an individual who performs an abortion. The term abortion provider does not include, with respect to an abortion, the individual upon whom the abortion is performed. The term fetal remains means— the remains of an aborted fetus (or a portion thereof); and any other medical waste associated with an abortion. 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.