[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 636 Engrossed Amendment House (EAH)]
103d CONGRESS
2d Session
S. 636
_______________________________________________________________________
AMENDMENTS
In the House of Representatives, U. S.,
March 17, 1994.
Resolved, That the bill from the Senate (S. 636) entitled ``An
Act to amend the Public Health Service Act to permit individuals to
have freedom of access to certain medical clinics and facilities, and
for other purposes'', do pass with the following
AMENDMENTS:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freedom of Access to Clinic
Entrances Act of 1993''.
SEC. 2. FREEDOM OF ACCESS TO REPRODUCTIVE HEALTH SERVICES.
Chapter 13 of title 18, United States Code, is amended by adding at
the end the following:
``Sec. 248. Blocking access to reproductive health services
``(a) Prohibited Activities.--Whoever--
``(1) by force, threat of force, or physical obstruction,
intentionally injures, intimidates, or interferes with any
person, or attempts to do so, because that person or any other
person or class of persons is obtaining or providing
reproductive health services; or
``(2) intentionally damages or destroys the property of a
facility, or attempts to do so, because that facility provides
reproductive health services;
shall be punished as provided in subsection (b) of this section and
also be subject to the civil remedy provided in subsection (c) of this
section, except that a parent or legal guardian of a minor shall not be
subject to any penalties or civil remedies under this section for such
activities insofar as they are directed exclusively at that minor.
``(b) Penalties.--Whoever violates subsection (a) of this section
shall--
``(1) in the case of a first offense, be fined under this
title or imprisoned not more than 1 year, or both; and
``(2) in the case of a second or subsequent offense after a
prior conviction under this section, be fined under this title
or imprisoned not more than 3 years, or both;
except that, if bodily injury results, the length of imprisonment shall
be not more than 10 years, and if death results, it shall be for any
term of years or for life.
``(c) Civil Actions.--
``(1) Right of action generally.--Any person who is
aggrieved by a violation of subsection (a) of this section may
in a civil action obtain relief under this subsection.
``(2) Action by attorney general.--If the Attorney General
has reasonable cause to believe that any person, or group of
persons, is aggrieved by a violation of subsection (a) of this
section, the Attorney General may in a civil action obtain
relief under this subsection.
``(3) Actions by state attorneys general.--If an attorney
general of a State has reasonable cause to believe that any
person or group of persons is aggrieved by a violation of
subsection (a) of this section, that attorney general may in a
civil action obtain relief under this subsection.
``(4) Relief.--In any action under this subsection, the
court may award any appropriate relief, including temporary,
preliminary or permanent injunctive relief, and compensatory
and punitive damages for each person aggrieved by the
violation. With respect to compensatory damages, the aggrieved
person may elect, at any time before the rendering of final
judgment, to recover, in lieu of actual damages, an award of
statutory damages in the amount of $5,000 per violation. The
court may award to the prevailing party, other than the United
States, reasonable fees for attorneys and expert witnesses.
``(d) Rules of Construction.--(1) Nothing in this section shall be
construed to prohibit any expressive conduct (including peaceful
picketing or other peaceful demonstration) protected from legal
prohibition by the first article of amendment to the Constitution.
``(2) Nothing in this section shall be construed to interfere with
the authority of States to enforce State or local laws regulating the
provision of reproductive health services.
``(e) Non-Preemption.--Congress does not intend this section to
provide the exclusive remedies with respect to the conduct prohibited
by it, nor to preempt the legislation of the States that may provide
such remedies.
``(f) Definitions.--As used in this section, the following
definitions apply:
``(1) Reproductive health services.--The term `reproductive
health services' means reproductive health services provided in
a hospital, clinic, physician's office, or other facility, and
includes medical, surgical, counselling or referral services
relating to the human reproductive system.
``(2) Facility.--The term `facility' includes the building
or structure in which the facility is located.
``(3) Physical obstruction.--The term `physical
obstruction' means rendering impassable ingress to or egress
from a facility that provides reproductive health services, or
rendering passage to or from such facility unreasonably
difficult.
``(4) State.--The term `State' includes a State of the
United States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
``(5) Intimidate.--The term `intimidate' means to place a
person in reasonable apprehension of bodily harm to himself or
herself or to another.''.
SEC. 3. EFFECTIVE DATE.
This Act takes effect on the date of the enactment of this Act, and
shall apply only with respect to conduct occurring on or after such
date.
SEC. 4. CLERICAL AMENDMENT.
The table of sections at the beginning of chapter 13 of title 18,
United States Code, is amended by adding at the end the following new
item:
``248. Blocking access to reproductive health services.''.
Amend the title so as to read: ``An Act to amend title 18,
United States Code, to assure freedom of access to reproductive
services.''.
Attest:
Clerk.