Overview

Title

To amend title 18, United States Code, to prohibit the unlawful disposal of fetal remains.

ELI5 AI

H.R. 686 is a law that says it's not okay to throw away fetal remains, which are parts of a human fetus, in places like garbage dumps or water. If someone does this, they could get in trouble, but moms won't be punished for it.

Summary AI

H.R. 686, also known as the “Protecting the Dignity of Unborn Children Act of 2025,” seeks to amend title 18 of the United States Code to make it illegal to recklessly dispose of fetal remains in landfills or navigable waters in the U.S. Those who violate this law could face up to 3 years in prison or a fine, or both. The bill clearly states that it does not allow for the prosecution of women disposing of their unborn children's remains. It defines "fetal remains" as parts of a human fetus deceased by abortion, excluding cremated parts.

Published

2025-01-23
Congress: 119
Session: 1
Chamber: HOUSE
Status: Introduced in House
Date: 2025-01-23
Package ID: BILLS-119hr686ih

Bill Statistics

Size

Sections:
3
Words:
405
Pages:
2
Sentences:
14

Language

Nouns: 127
Verbs: 29
Adjectives: 22
Adverbs: 1
Numbers: 16
Entities: 37

Complexity

Average Token Length:
3.92
Average Sentence Length:
28.93
Token Entropy:
4.68
Readability (ARI):
14.78

AnalysisAI

General Summary of the Bill

The bill, titled the "Protecting the Dignity of Unborn Children Act of 2025," seeks to amend title 18 of the United States Code. It focuses on prohibiting the reckless disposal or abandonment of fetal remains, specifically in landfills or navigable waters within the United States. The bill proposes penalties, including imprisonment for up to three years, fines, or both, for those who violate this provision. Importantly, the bill includes a clause that prevents the prosecution of women for the disposal of their unborn children's remains. Additionally, it defines key terms like "fetal remains," "landfill," and "navigable waters" to clarify the scope of its application.

Summary of Significant Issues

Several issues emerge with the proposed bill. One of the primary concerns is the ambiguity associated with the term "recklessly." This subjective term could lead to inconsistent interpretations across different jurisdictions, potentially resulting in legal challenges. Another concern is the absence of a specified authority responsible for enforcing this law, which may cause jurisdictional confusion and hinder effective implementation.

The bill also lacks guidance on how the severity of an incident influences the penalties, raising concerns about the consistency of sentencing. Additionally, the exemption of women from prosecution, as noted in the "Rule of Construction," might create uncertainty about who else could be held accountable for breaches of the law. Furthermore, there is no mention of funding or resources for enforcement, which could significantly affect the practical application of the law. Lastly, the need to reference definitions from other laws, such as "navigable waters," could lead to misunderstandings and delays in proper legal application.

Potential Impact on the Public

Broadly, the bill aims to address the sensitive issue of fetal remains disposal, appealing to the ethical concerns of treating such remains with dignity. If effectively implemented, the legislation could enhance respect for fetal remains by establishing clear regulations and penalties for improper disposal practices.

However, some may view the bill's limited scope as insufficient. Without clear enforcement provisions or allocated resources, the bill's effectiveness in ensuring compliance might be compromised. Moreover, the potential for varying interpretations of key terms poses a risk of unequal application across communities.

Impact on Specific Stakeholders

For the general public, the bill could instill a sense of ethical responsibility, emphasizing the respectful treatment of fetal remains. However, it may also raise concerns about government intrusion into sensitive personal matters, especially given the focus on abortion-related fetal remains.

Healthcare providers and facilities may find themselves affected by increased regulations that require them to adjust their handling of fetal remains to avoid penalties. The ambiguity in enforcement and definitions might pose additional legal challenges for these stakeholders.

Legal professionals, on the other hand, might experience an increase in caseload due to legal challenges or disputes resulting from the subjective interpretation of the bill's terms. Environmental advocates may view the bill as a positive step toward preventing the disposal of potentially harmful biological material in inappropriate locations like landfills and waterways.

In conclusion, while the bill's intent to dignify the disposal of fetal remains aligns with certain ethical standards, its success heavily depends on clarifying enforcement mechanisms, definitions, and responsibilities. Without addressing these critical issues, the bill's positive impact may be limited, leaving room for potential complications in its implementation and acceptance by the public.

Issues

  • The provision in Section 2 regarding the definition of the term 'recklessly' could lead to interpretational variations and legal challenges, as 'recklessly' is a subjective term and may differ among judges and juries, which is significant for legal and ethical reasons.

  • The lack of specification in Section 2 and Section 2741 about the responsible authority for enforcing the prohibition on unlawful disposal of fetal remains could lead to confusion over jurisdiction and enforcement responsibility, which is an important legal and administrative issue.

  • Section 2 and Section 2741 do not provide guidelines on how the severity of an incident would affect the penalties of imprisonment or fines, leading to potential inconsistency in sentencing, a significant issue from a legal perspective.

  • The exemption of women from prosecution as outlined in Section 2's 'Rule of construction' could lead to a gap in legal accountability if it is unclear who else might be held liable, which poses both ethical and legal concerns.

  • There is no mention in Section 2 and Section 2741 of resources or funding for enforcing the prohibition of unlawful disposal of fetal remains, which could impede the law's practical implementation, raising financial and administrative concerns.

  • The cross-referencing requirement for terms like 'navigable waters' could cause delays or misunderstandings about the applicability of current definitions, which is a practical legal concern.

  • The ambiguity in the term 'fetal remains' in Section 2741 regarding what is excluded (specifically parts not cremated) could lead to varying interpretations and influence legal proceedings, which is significant for ethical and legal deliberations.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the act states that it can be officially called the "Protecting the Dignity of Unborn Children Act of 2025."

2. Prohibiting unlawful disposal of fetal remains Read Opens in new tab

Summary AI

The section introduces a new chapter in the United States Code that makes it illegal to recklessly dispose of fetal remains in a landfill or navigable waters, with penalties including imprisonment or fines. It clarifies that women cannot be prosecuted for disposing of their unborn child's remains and defines key terms like "fetal remains," "landfill," and "navigable waters."

2741. Unlawful disposal of fetal remains Read Opens in new tab

Summary AI

The section prohibits the reckless disposal or abandonment of fetal remains in landfills or navigable waters across the United States, imposing penalties of up to 3 years in prison, a fine, or both. It clarifies that women cannot be prosecuted for disposing of their unborn child's remains and defines key terms such as "fetal remains," "landfill," and "navigable waters."