[Congressional Record Volume 140, Number 38 (Tuesday, April 12, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: April 12, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
           FREEDOM OF ACCESS TO CLINIC ENTRANCES ACT OF 1993

  Mr. MITCHELL. Mr. President, I ask that the Chair lay before the 
Senate a message from the House of Representatives on (S. 636), a bill 
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.
  The PRESIDING OFFICER laid before the Senate the following message 
from the House of Representatives:

       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 any 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 expensive 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.''.

  Mr. MITCHELL. Mr. President, I ask unanimous consent that the Senate 
disagree to the House amendments and agree to the request for a 
conference with the House on the disagreeing votes of the two Houses 
and that the Chair be authorized to appoint conferees.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The PRESIDING OFFICER (Mr. Kerry) appointed the following conferees 
on the part of the Senate: Mr. Kennedy, Mr. Pell, Mr. Metzenbaum, Mr. 
Simon, Ms. Mikulski, Mrs. Kassebaum, Mr. Jeffords, Mr. Coats, and Mr. 
Hatch.

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