BOAT Act

Bill Number

H.R. 1639

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Crime and Law Enforcement

Status

Introduced

Latest Action

2025-02-26: Referred to the House Committee on the Judiciary.

Last Updated

2025-07-24T14:44:08Z

AI-Generated Summary

Purpose of the Legislation

This bill, titled the "Ban Offshore Abortion Tourism Act" or "BOAT Act," aims to prevent abortions from being performed on vessels or in other areas under U.S. federal admiralty and maritime jurisdiction (which covers navigable waters, ships, and international waters where U.S. law applies, such as on U.S.-flagged ships). It targets what the bill describes as "offshore abortion tourism" by making such procedures a federal crime, with limited exceptions.

Key Provisions

• Criminal Prohibition: Adds a new section (1532) to Chapter 74 of Title 18 of the U.S. Code, making it a federal offense for any person to knowingly perform an abortion in U.S. admiralty and maritime jurisdiction that results in the death of a human fetus. Penalties include fines, up to 5 years in prison, or both.
• Exceptions to the Prohibition:
• Necessary to save the life of the pregnant woman due to a physical health issue, illness, or injury (including pregnancy-related conditions), but not for psychological or emotional reasons.
• Pregnancy resulting from rape of an adult woman, if she receives counseling or medical treatment for the rape at least 48 hours before the procedure.
• Pregnancy resulting from rape or incest involving a minor, if the incident is reported to a government child abuse agency or law enforcement before the procedure.
• Protections for the Pregnant Woman: The woman who receives or seeks the abortion cannot be prosecuted under this law, nor for related conspiracy or aiding charges.
• Civil Remedies:
• Allows the woman (or, in some cases, a parent of a minor) to sue the person who performed the abortion in federal court for "appropriate relief," including verifiable damages for physical and psychological injuries, statutory damages equal to three times the abortion's cost, and punitive damages.
• Prevailing plaintiffs get attorney's fees; prevailing defendants get fees only if the suit is deemed frivolous.
• No damages or fees can be awarded against the pregnant woman, except in frivolous suit cases.

Significant Changes to Existing Law

• Inserts a new criminal statute (18 U.S.C. § 1531A, effectively § 1532) immediately after the existing federal ban on partial-birth abortions (18 U.S.C. § 1531), expanding federal abortion restrictions beyond land-based procedures to maritime contexts.
• Introduces the first explicit federal prohibition on abortions in admiralty and maritime areas, which previously fell under general federal criminal jurisdiction but lacked specific abortion rules.
• Updates the table of sections in Title 18 to include the new provision.

Potential Impacts

• On Citizens: Limits access to abortions for individuals on ships or in international waters under U.S. jurisdiction, potentially affecting travelers, cruise passengers, or those using vessels to bypass state-level restrictions. It provides civil lawsuit options for those harmed by illegal procedures but protects women from criminal liability.
• On Government Agencies: The Department of Justice would gain authority to investigate and prosecute violations, increasing enforcement workload in maritime settings. Federal courts would handle related civil suits, potentially straining resources in coastal districts.
• On International Relations: Could complicate operations for U.S.-flagged ships operating internationally, leading to disputes with foreign governments or flag states if abortions occur in disputed waters. It might strain relations with countries where abortion is legal, especially if U.S. enforcement extends to international voyages.

Main Stakeholders Affected

• Pregnant Women and Minors: Directly impacted by restrictions on offshore options, with protections against prosecution but potential civil recourse if procedures violate the law.
• Healthcare Providers and Abortion Performers: Face criminal penalties for procedures in covered areas, unless exceptions apply.
• Parents of Minors: Gain rights to sue in specific cases involving minors.
• Anti-Abortion Advocates: Benefit from expanded federal restrictions.
• Pro-Choice Groups and Maritime Operators: May oppose due to limits on reproductive rights and operational challenges for shipping or cruise industries.
• Law Enforcement and Courts: Responsible for enforcement and adjudication.

Notable Legal, Constitutional, or Political Implications

• Legal: Builds on post-Dobbs v. Jackson Women's Health Organization (2022 Supreme Court decision overturning federal abortion rights) by asserting federal criminal authority in niche jurisdictions; may invite challenges over the definition of "human fetus" or enforcement in international waters under treaties like the United Nations Convention on the Law of the Sea.
• Constitutional: Could face lawsuits alleging violations of due process (e.g., bodily autonomy) or equal protection under the Fifth and Fourteenth Amendments, or overreach of federal power into personal medical decisions via the Commerce Clause (which underpins maritime jurisdiction).
• Political: Reflects ongoing national debates on abortion post-Dobbs, with potential for partisan division; as an introduced bill (not yet law), it signals efforts to impose uniform federal limits amid varying state policies, possibly influencing future legislation or court battles.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Weber, Randy K. Sr. [R-TX-14]

Recent Actions

• 2025-02-26: Referred to the House Committee on the Judiciary.
• 2025-02-26: Introduced in House
• 2025-02-26: Introduced in House

Bill Versions

• Ban Offshore Abortion Tourism Act — issued 2025-02-26 — PDF (5 pages)