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Makes it a federal crime for an abortion provider to dispose of fetal remains by putting them into a publicly owned water system. The rule creates criminal penalties for providers who do so, clarifies that the person who had the abortion is not liable, and defines key terms. The new prohibition is added to Part H of title IV of the Public Health Service Act.
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
An abortion provider may not cause fetal remains to be placed into a publicly owned water system.
An abortion provider who violates the prohibition shall be fined in accordance with title 18, United States Code, imprisoned not more than 5 years, or both.
An individual upon whom an abortion is performed shall not be liable for any offense related to a violation of the prohibition with respect to that 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.
“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.
Introduced June 25, 2025 by James E. Banks · Last progress June 25, 2025
Who is affected and how:
Abortion providers and clinics: Directly affected — they must ensure fetal remains are not placed into publicly owned water systems. That will likely require changes to waste management practices, staff training, recordkeeping, and possibly contracts with medical-waste handlers to avoid criminal liability.
Public water systems and water-treatment operators: Indirectly affected — the law seeks to protect publicly owned water systems from receiving fetal remains, but it does not create new obligations for water systems beyond enforcement reporting or evidence handling if violations occur.
Patients who receive abortions: Protected from criminal liability by the text, so patients are not criminally liable under this provision; however, patients could see indirect effects if providers change clinical or waste-management processes.
Federal enforcement and prosecutorial agencies: Likely responsible for investigating and prosecuting violations of the new federal offense; enforcement could require coordination with local authorities and generate additional casework for prosecutors.
State and local governments: May see indirect impacts if enforcement, public-health reporting, or coordination is needed, but the text does not provide funding or explicit new duties for states or municipalities.
Overall effects: The change imposes a clear legal prohibition on a specific disposal practice and places criminal liability on providers who violate it, creating compliance costs and operational changes for clinics. Because it creates a federal criminal offense tied to abortion-related activity, it is likely to generate policy debate and potential legal challenges regarding scope, enforcement, and interaction with state law. The provision does not fund implementation or enforcement, so agencies and providers would need to absorb any administrative costs.
Expand sections to see detailed analysis
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Introduced in Senate