[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1639 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 1639
To prohibit abortions in the admiralty and maritime jurisdiction of the
United States, and for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
February 26, 2025
Mr. Weber of Texas introduced the following bill; which was referred to
the Committee on the Judiciary
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A BILL
To prohibit abortions in the admiralty and maritime jurisdiction of the
United States, 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 ``Ban Offshore Abortion Tourism Act''
or the ``BOAT Act''.
SEC. 2. PROHIBITING ABORTION IN THE CERTAIN JURISDICTIONS.
(a) In General.--Chapter 74 of title 18, United States Code, is
amended by inserting after section 1531 the following:
``Sec. 1532. Abortions in the admiralty and maritime jurisdiction of
the United States
``(a) Offense.--Subject to subsection (b), any person who, in the
admiralty and maritime jurisdiction of the United States, knowingly
performs an abortion and thereby kills a human fetus shall be fined
under this title, imprisoned not more than 5 years, or both.
``(b) Exception.--Subsection (a) does not apply if--
``(1) in reasonable medical judgment, the abortion is
necessary to save the life of a pregnant woman whose life is
endangered by a physical disorder, physical illness, or
physical injury, including a life-endangering physical
condition caused by or arising from the pregnancy itself, but
not including psychological or emotional conditions;
``(2) the pregnancy is the result of rape against an adult
woman, and at least 48 hours prior to the abortion--
``(A) she has obtained counseling for the rape; or
``(B) she has obtained medical treatment for the
rape or an injury related to the rape; or
``(3) the pregnancy is a result of rape against a minor or
incest against a minor, and the rape or incest has been
reported at any time prior to the abortion to either--
``(A) a government agency legally authorized to act
on reports of child abuse; or
``(B) a law enforcement agency.
``(c) Bar to Prosecution.--A woman upon whom an abortion in
violation of subsection (a) is performed or attempted may not be
prosecuted under, or for a conspiracy to violate, subsection (a), or
for an offense under section 2, 3, or 4 of this title based on such a
violation.
``(d) Civil Remedies.--
``(1) Civil action by a woman on whom an abortion is
performed.--A woman upon whom an abortion has been performed or
attempted in violation of any provision of this section may, in
a civil action before the appropriate district court of the
United States against any person who committed the violation,
obtain appropriate relief.
``(2) Civil action by a parent of a minor on whom abortion
is performed.--A parent of a minor upon whom an abortion has
been performed or attempted under an exception provided for in
subsection (b)(2)(B), and that was performed in violation of
any provision of this section may, in a civil action before the
appropriate district court of the United States against any
person who committed the violation obtain appropriate relief,
unless the pregnancy resulted from the plaintiff's criminal
conduct.
``(3) Appropriate relief.--Appropriate relief in a civil
action under this subsection includes--
``(A) objectively verifiable money damages for all
injuries, psychological and physical, occasioned by the
violation;
``(B) statutory damages equal to three times the
cost of the abortion; and
``(C) punitive damages.
``(4) Attorneys' fees for plaintiff.--If a plaintiff in a
civil action under this subsection prevails, the court shall
award a reasonable attorney's fee in favor of the plaintiff
against the defendant.
``(5) Attorneys' fees for defendant.--If a defendant in a
civil action under this subsection prevails and the court finds
that the plaintiff's suit was frivolous, the court shall award
a reasonable attorney's fee in favor of the defendant against
the plaintiff.
``(6) Award against woman upon whom abortion is
performed.--Except under paragraph (5), in a civil action under
this subsection, no damages, attorneys' fees, or other monetary
relief may be assessed against the woman upon whom the abortion
was performed or attempted.''.
(b) Table of Sections.--The table of sections for chapter 74 of
title 18, United States Code, is amended by inserting after section
1531 the following:
``1532. Abortions in the admiralty and maritime jurisdiction of the
United States''.
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