I 
116TH CONGRESS 
2D SESSION 
H. R. 8251 
To amend title 18, United States Code, to prohibit preventing access to 
lifesaving medical procedures and treatments, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 15, 2020 
Mrs. WAGNER introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To amend title 18, United States Code, to prohibit pre-
venting access to lifesaving medical procedures and treat-
ments, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. PROHIBITION ON PREVENTING ACCESS TO 
LIFESAVING 
MEDICAL 
PROCEDURES 
AND 
TREATMENTS. 
(a) IN GENERAL.—Chapter 65 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
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‘‘§ 1370. Access to lifesaving medical procedures and 
treatments 
‘‘(a) PROHIBITED ACTIVITIES.—Whoever, by force or 
threat of force or by physical obstruction, intentionally in-
jures, intimidates or interferes with or attempts to injure, 
intimidate or interfere with any person because that per-
son is or has been, or in order to intimidate such person 
or any other person or any class of persons from, obtain-
ing or providing a lifesaving medical procedure or treat-
ment, shall be subject to the penalties provided in sub-
section (b) and the civil remedies provided in subsection 
(c), 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 ex-
clusively at that minor. 
‘‘(b) PENALTIES.—Whoever violates this section 
shall— 
‘‘(1) in the case of a first offense, be fined in 
accordance with this title, or imprisoned not more 
than one year, or both; and 
‘‘(2) in the case of a second or subsequent of-
fense after a prior conviction under this section, be 
fined in accordance with this title, or imprisoned not 
more than 3 years, or both; 
except that for an offense involving exclusively a non-
violent physical obstruction, the fine shall be not more 
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than $10,000 and the length of imprisonment shall be not 
more than six months, or both, for the first offense; and 
the fine shall, notwithstanding section 3571, be not more 
than $25,000 and the length of imprisonment shall be not 
more than 18 months, or both, for a subsequent offense; 
and except that if bodily injury results, the length of im-
prisonment shall be not more than 10 years, and if death 
results, it shall be for any term of years or for life. 
‘‘(c) CIVIL REMEDIES.— 
‘‘(1) RIGHT OF ACTION.— 
‘‘(A) IN GENERAL.—Any person aggrieved 
by reason of the conduct prohibited by sub-
section (a) may commence a civil action for the 
relief set forth in subparagraph (B), except that 
such an action may be brought under sub-
section (a) only by a person involved in pro-
viding or seeking to provide, or obtaining or 
seeking to obtain, a lifesaving medical proce-
dure or treatment. 
‘‘(B) RELIEF.—In any action under sub-
paragraph (A), the court may award appro-
priate relief, including temporary, preliminary 
or permanent injunctive relief and compen-
satory and punitive damages, as well as the 
costs of suit and reasonable fees for attorneys 
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and expert witnesses. With respect to compen-
satory damages, the plaintiff may elect, at any 
time prior to 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. 
‘‘(2) ACTION BY ATTORNEY GENERAL OF THE 
UNITED STATES.— 
‘‘(A) IN GENERAL.—If the Attorney Gen-
eral of the United States has reasonable cause 
to believe that any person or group of persons 
is being, has been, or may be injured by con-
duct constituting a violation of this section, the 
Attorney General may commence a civil action 
in any appropriate United States District 
Court. 
‘‘(B) RELIEF.—In any action under sub-
paragraph (A), the court may award appro-
priate relief, including temporary, preliminary 
or permanent injunctive relief, and compen-
satory damages to persons aggrieved as de-
scribed in paragraph (1)(B). The court, to vin-
dicate the public interest, may also assess a 
civil penalty against each respondent— 
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‘‘(i) in an amount not exceeding 
$10,000 for a nonviolent physical obstruc-
tion and $15,000 for other first violations; 
and 
‘‘(ii) in an amount not exceeding 
$15,000 for a nonviolent physical obstruc-
tion and $25,000 for any other subsequent 
violation. 
‘‘(3) ACTIONS
BY
STATE
ATTORNEYS
GEN-
ERAL.— 
‘‘(A) IN GENERAL.—If the Attorney Gen-
eral of a State has reasonable cause to believe 
that any person or group of persons is being, 
has been, or may be injured by conduct consti-
tuting a violation of this section, such Attorney 
General may commence a civil action in the 
name of such State, as parens patriae on behalf 
of natural persons residing in such State, in 
any appropriate United States District Court. 
‘‘(B) RELIEF.—In any action under sub-
paragraph (A), the court may award appro-
priate relief, including temporary, preliminary 
or permanent injunctive relief, compensatory 
damages, and civil penalties as described in 
paragraph (2)(B). 
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‘‘(d) RULES OF CONSTRUCTION.—Nothing in this 
section shall be construed— 
‘‘(1) to prohibit any expressive conduct (includ-
ing peaceful picketing or other peaceful demonstra-
tion) protected from legal prohibition by the First 
Amendment to the Constitution; 
‘‘(2) to create new remedies for interference 
with activities protected by the free speech or free 
exercise clauses of the First Amendment to the Con-
stitution, regardless of the point of view expressed, 
or to limit any existing legal remedies for such inter-
ference; 
‘‘(3) to provide exclusive criminal penalties or 
civil remedies with respect to the conduct prohibited 
by this section, or to preempt State or local laws 
that may provide such penalties or remedies; or 
‘‘(4) to interfere with the enforcement of State 
or local laws regulating lifesaving medical procedures 
or treatments. 
‘‘(e) DEFINITIONS.—As used in this section: 
‘‘(1) INTERFERE
WITH.—The term ‘interfere 
with’ means to restrict a person’s freedom of move-
ment. 
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‘‘(2) 
INTIMIDATE.—The 
term 
‘intimidate’ 
means to place a person in reasonable apprehension 
of bodily harm to him- or herself or to another. 
‘‘(3) 
PHYSICAL
OBSTRUCTION.—The 
term 
‘physical obstruction’ means rendering impassable 
ingress to or egress from a facility that provides life-
saving medical procedures or treatments, or ren-
dering passage to or from such a facility unreason-
ably difficult or hazardous. 
‘‘(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.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for such chapter is amended by adding at the end the fol-
lowing: 
‘‘1370. Access to lifesaving medical procedures and treatments.’’. 
Æ 
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