Respectful Treatment of Unborn Remains Act of 2022
Bill: H.R.7816 | Sponsor: Rep. Banks, Jim (R-IN)
Policy area: Health

Summary:
Respectful Treatment of Unborn Remains Act of 2022
This bill prohibits abortion providers from placing fetal remains into a publicly owned water system. Violators shall be subject to a fine, a prison term of up to five years, or both.
The bill also specifies that individuals on whom an abortion is performed shall not be liable for violations.

To prohibit fetal remains in publicly owned water systems, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Respectful Treatment of Unborn 
Remains Act of 2022''.

SEC. 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:

``SEC. 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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