119-hr1639

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1639 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 1639

To prohibit abortions in the admiralty and maritime jurisdiction of the 
 United States, and for other purposes.

_______________________________________________________________________

 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

_______________________________________________________________________

 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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