HB1639, titled the “Ban Offshore Abortion Tourism Act” or “BOAT Act,” would create a new federal criminal offense for performing an abortion within the admiralty and maritime jurisdiction of the United States. The bill adds a new section to title 18 of the U.S. Code making it unlawful to knowingly perform an abortion in those jurisdictions if the procedure results in the death of a human fetus, punishable by a fine, up to five years in prison, or both.
The bill includes limited exceptions for abortions necessary to save the pregnant woman’s life, for pregnancies resulting from rape of an adult woman if counseling or medical treatment has been obtained at least 48 hours before the abortion, and for pregnancies resulting from rape or incest against a minor if the abuse has been reported to authorities before the abortion. It also bars prosecution of the woman on whom the abortion is performed and creates civil remedies allowing the woman, and in some cases a parent of a minor, to sue the person who performed the abortion for damages, including statutory and punitive damages and attorney’s fees.
Impact
If enacted, the bill would expand federal criminal law into abortion regulation in maritime and admiralty areas, creating a new offense in chapter 74 of title 18 and updating the table of sections accordingly. It would affect abortion providers operating on vessels or in other locations covered by admiralty and maritime jurisdiction, while also creating private civil causes of action and damages exposure for alleged violators. The measure would not impose criminal liability on the pregnant woman, but it would authorize enforcement against providers and others who perform the procedure in the covered jurisdiction.
Sentiment
No committee transcript or vote history is available, so there is no recorded legislative debate or roll-call sentiment to assess. Based on the bill text alone, the measure is strongly anti-abortion and framed as a restriction on “offshore abortion tourism,” suggesting support from abortion opponents and likely opposition from abortion-rights advocates. The absence of recorded votes or hearings means the public legislative sentiment cannot be measured from the provided materials.
Contention
The main points of contention are likely to be the bill’s constitutionality, its use of federal maritime jurisdiction to regulate abortion, and the scope of its exceptions. Supporters would likely emphasize the life exception and the rape/incest exceptions, while opponents may object that the bill criminalizes abortion in a novel federal setting and could burden access for people seeking care on vessels or in offshore settings. The civil enforcement provisions, including statutory and punitive damages and attorney’s fees, may also be controversial because they create additional litigation risk for providers and potentially for others involved in arranging care.
Heartbeat Protection Act of 2023 This bill makes it a crime for a physician to knowingly perform an abortion (1) without determining whether the unborn child has a detectable heartbeat, (2) without informing the mother of the results, or (3) after determining that a unborn child has a detectable heartbeat. A physician who performs a prohibited abortion is subject to criminal penalties—a fine, up to five years in prison, or both. The bill provides an exception for an abortion that is necessary to save the life of a mother whose life is endangered by a physical (but not psychological or emotional) disorder, illness, or condition. It also provides exceptions for certain pregnancies that are the result of rape or incest. A physician who performs or attempts to perform an abortion under an exception must comply with specified requirements. A woman who undergoes a prohibited abortion may not be prosecuted for violating or conspiring to violate the provisions of this bill.
Abortion producing drug; prohibitions provided relating to access to abortion producing drugs via the internet or other information technology systems, Attorney General authorized to enforce, civil cause of action created, criminal penalties provided