Us Congress 2025-2026 Regular Session

Us Congress House Bill HB1639 Compare Versions

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11 I
22 119THCONGRESS
33 1
44 STSESSION H. R. 1639
55 To prohibit abortions in the admiralty and maritime jurisdiction of the United
66 States, and for other purposes.
77 IN THE HOUSE OF REPRESENTATIVES
88 FEBRUARY26, 2025
99 Mr. W
1010 EBERof Texas introduced the following bill; which was referred to the
1111 Committee on the Judiciary
1212 A BILL
1313 To prohibit abortions in the admiralty and maritime
1414 jurisdiction of the United States, and for other purposes.
1515 Be it enacted by the Senate and House of Representa-1
1616 tives of the United States of America in Congress assembled, 2
1717 SECTION 1. SHORT TITLE. 3
1818 This Act may be cited as the ‘‘Ban Offshore Abortion 4
1919 Tourism Act’’ or the ‘‘BOAT Act’’. 5
2020 SEC. 2. PROHIBITING ABORTION IN THE CERTAIN JURIS-6
2121 DICTIONS. 7
2222 (a) I
2323 NGENERAL.—Chapter 74 of title 18, United 8
2424 States Code, is amended by inserting after section 1531 9
2525 the following: 10
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2929 ‘‘§ 1532. Abortions in the admiralty and maritime ju-1
3030 risdiction of the United States 2
3131 ‘‘(a) O
3232 FFENSE.—Subject to subsection (b), any per-3
3333 son who, in the admiralty and maritime jurisdiction of the 4
3434 United States, knowingly performs an abortion and there-5
3535 by kills a human fetus shall be fined under this title, im-6
3636 prisoned not more than 5 years, or both. 7
3737 ‘‘(b) E
3838 XCEPTION.—Subsection (a) does not apply if— 8
3939 ‘‘(1) in reasonable medical judgment, the abor-9
4040 tion is necessary to save the life of a pregnant 10
4141 woman whose life is endangered by a physical dis-11
4242 order, physical illness, or physical injury, including 12
4343 a life-endangering physical condition caused by or 13
4444 arising from the pregnancy itself, but not including 14
4545 psychological or emotional conditions; 15
4646 ‘‘(2) the pregnancy is the result of rape against 16
4747 an adult woman, and at least 48 hours prior to the 17
4848 abortion— 18
4949 ‘‘(A) she has obtained counseling for the 19
5050 rape; or 20
5151 ‘‘(B) she has obtained medical treatment 21
5252 for the rape or an injury related to the rape; or 22
5353 ‘‘(3) the pregnancy is a result of rape against 23
5454 a minor or incest against a minor, and the rape or 24
5555 incest has been reported at any time prior to the 25
5656 abortion to either— 26
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6060 ‘‘(A) a government agency legally author-1
6161 ized to act on reports of child abuse; or 2
6262 ‘‘(B) a law enforcement agency. 3
6363 ‘‘(c) B
6464 AR TOPROSECUTION.—A woman upon whom 4
6565 an abortion in violation of subsection (a) is performed or 5
6666 attempted may not be prosecuted under, or for a con-6
6767 spiracy to violate, subsection (a), or for an offense under 7
6868 section 2, 3, or 4 of this title based on such a violation. 8
6969 ‘‘(d) C
7070 IVILREMEDIES.— 9
7171 ‘‘(1) C
7272 IVIL ACTION BY A WOMAN ON WHOM AN 10
7373 ABORTION IS PERFORMED .—A woman upon whom 11
7474 an abortion has been performed or attempted in vio-12
7575 lation of any provision of this section may, in a civil 13
7676 action before the appropriate district court of the 14
7777 United States against any person who committed the 15
7878 violation, obtain appropriate relief. 16
7979 ‘‘(2) C
8080 IVIL ACTION BY A PARENT OF A MINOR 17
8181 ON WHOM ABORTION IS PERFORMED .—A parent of 18
8282 a minor upon whom an abortion has been performed 19
8383 or attempted under an exception provided for in sub-20
8484 section (b)(2)(B), and that was performed in viola-21
8585 tion of any provision of this section may, in a civil 22
8686 action before the appropriate district court of the 23
8787 United States against any person who committed the 24
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9191 violation obtain appropriate relief, unless the preg-1
9292 nancy resulted from the plaintiff’s criminal conduct. 2
9393 ‘‘(3) A
9494 PPROPRIATE RELIEF.—Appropriate relief 3
9595 in a civil action under this subsection includes— 4
9696 ‘‘(A) objectively verifiable money damages 5
9797 for all injuries, psychological and physical, occa-6
9898 sioned by the violation; 7
9999 ‘‘(B) statutory damages equal to three 8
100100 times the cost of the abortion; and 9
101101 ‘‘(C) punitive damages. 10
102102 ‘‘(4) A
103103 TTORNEYS’ FEES FOR PLAINTIFF.—If a 11
104104 plaintiff in a civil action under this subsection pre-12
105105 vails, the court shall award a reasonable attorney’s 13
106106 fee in favor of the plaintiff against the defendant. 14
107107 ‘‘(5) A
108108 TTORNEYS’ FEES FOR DEFENDANT .—If a 15
109109 defendant in a civil action under this subsection pre-16
110110 vails and the court finds that the plaintiff’s suit was 17
111111 frivolous, the court shall award a reasonable attor-18
112112 ney’s fee in favor of the defendant against the plain-19
113113 tiff. 20
114114 ‘‘(6) A
115115 WARD AGAINST WOMAN UPON WHOM 21
116116 ABORTION IS PERFORMED .—Except under para-22
117117 graph (5), in a civil action under this subsection, no 23
118118 damages, attorneys’ fees, or other monetary relief 24
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122122 may be assessed against the woman upon whom the 1
123123 abortion was performed or attempted.’’. 2
124124 (b) T
125125 ABLE OFSECTIONS.—The table of sections for 3
126126 chapter 74 of title 18, United States Code, is amended 4
127127 by inserting after section 1531 the following: 5
128128 ‘‘1532. Abortions in the admiralty and maritime jurisdiction of the United
129129 States’’.
130130 Æ
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