Section 498F. PROHIBITION OF FETAL REMAINS IN PUBLICLY OWNED WATER SYSTEMS

This section amends part H of title IV of the Public Health Service Act to prohibit abortion providers from causing fetal remains to be placed into a publicly owned water system.

General Prohibition

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

Penalties for Violation

Abortion providers who violate the prohibition shall be fined in accordance with title 18, United States Code, and imprisoned not more than 5 years, or both.

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.” (c)

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.” (d)

Definitions

• Abortion: “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 produce a live birth and preserve the life and health of such child;” (e)(1)
• Abortion Provider: “An individual who performs an abortion.” (e)(2)(A)
• Fetal Remains: “The remains of an aborted fetus (or a portion thereof); and any other medical waste associated with an abortion.” (e)(3)
• Publicly Owned Water System: “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.” (e)(4)