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SECTION l. 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.''.

            Passed the House of Representatives November 18, 1993.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.
Freedom of Access to Clinic Entrances Act of 1993 - Amends the Federal criminal code to prohibit:  (1) intentionally injuring, intimidating, or interfering with any person by force, threat of force, or physical obstruction because that person or any other person or class of persons is obtaining or providing reproductive health services; or (2) intentionally damaging or destroying the property of a facility because that facility provides reproductive health services.  Subjects violators to specified penalties (including up to life imprisonment if death results) or civil remedies, except that a parent or legal guardian or a minor shall not be subject to such a penalty or remedy insofar as such activities are directed exclusively at that minor. Authorizes civil actions by aggrieved persons, the Attorney General, and State attorneys general for violations.  Specifies that in any such action:  (1) the court may award appropriate relief (including temporary, preliminary, or permanent injunctive relief) and compensatory and punitive damages for each person aggrieved by the violation; and (2) with respect to compensatory damages, the aggrieved person may elect, at any time before the rendering of final judgment, to recover an award of statutory damages in the amount of $5,000 per violation in lieu of actual damages.  Authorizes the court to award reasonable fees for attorneys and expert witnesses to the prevailing party, other than the United States. Specifies that:  (1) nothing in this Act shall be construed to prohibit any expressive conduct (including peaceful picketing or other peaceful demonstration) protected from legal prohibition by the first amendment or interfere with the authority of States to enforce State or local laws regulating the provision of reproductive health services; and (2) the Congress does not intend this Act to provide the exclusive remedies with respect to the conduct prohibited by it, nor to preempt State legislation that may provide such remedies.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Prevention of Escapement of 
Genetically Altered Salmon in the United States Act''.

SEC. 2. PROHIBITION ON SALE OF GENETICALLY ALTERED SALMON.

    (a) Prohibition.--It shall be unlawful for a person--
            (1) to ship, transport, offer for sale, sell, or purchase a 
        covered fish, or a product containing covered fish, in 
        interstate or foreign commerce;
            (2) to have custody, control, or possession of, with the 
        intent to ship, transport, offer for sale, sell, or purchase a 
        covered fish, or a product containing covered fish, in 
        interstate commerce;
            (3) to engage in net-pen aquaculture of covered fish;
            (4) to release a covered fish into a natural environment; 
        or
            (5) to have custody, control, or possession of a covered 
        fish with the intent to release it into a natural environment.
    (b) Exception.--Subsection (a) shall not apply to a fish, fish 
part, or product--
            (1) under confined use, or intended for confined use, for 
        scientific research;
            (2) collected for the purpose of enforcing this Act; or
            (3) if the Under Secretary of Commerce for Oceans and 
        Atmosphere, in consultation with the Director of the United 
        States Fish and Wildlife Service and any other Federal, State, 
        or tribal entity the Under Secretary considers appropriate, 
        reviews any application requesting an action by a department or 
        agency of the Federal government to permit an act prohibited 
        under subsection (a), including any environmental assessment 
        prepared as part of that application, and--
                    (A) prepares a finding of no significant impact in 
                accordance with the National Environmental Policy Act 
                of 1969 (42 U.S.C. 4321 et seq.); or
                    (B) finds the application to be consistent with an 
                environmental impact statement prepared by the Under 
                Secretary in accordance with section 102(2)(C) of the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4332) that includes--
                            (i) an environmental risk analysis that 
                        assesses the potential direct and indirect 
                        impacts from escapement of covered fish on wild 
                        and cultured fish stocks and environments that 
                        may be exposed to such covered fish;
                            (ii) a failure mode and effects analysis 
                        that quantitatively assesses the best- and 
                        worst-case probabilities of failure of each 
                        applicable confinement technique;
                            (iii) an assessment of the costs of control 
                        or eradication of escaped covered fish; and
                            (iv) an assessment of the potential 
                        economic damage in terms of loss of production 
                        or sales to relevant wild and cultured fish 
                        stocks and environments from the escapement of 
                        covered fish.
    (c) Environmental Impact Considerations.--
            (1) Notice.--Each agency, department, or other unit of the 
        Federal Government shall promptly notify the Under Secretary of 
        Commerce for Oceans and Atmosphere when an action involving 
        covered fish, or a product containing covered fish is first 
        identified by such unit.
            (2) Ensuring compliance.--The Under Secretary of Commerce 
        for Oceans and Atmosphere, in cooperation with each Federal, 
        State, or tribal entity that the Under Secretary considers 
        appropriate, may monitor any mitigation measures proposed under 
        subsection (b)(3) to ensure implementation and compliance 
        therewith.
            (3) Provisions as complementary.--The provisions of this 
        Act are in addition to, and shall not affect the operation of, 
        other Federal, State, or local laws regulating a covered fish, 
        or a product containing covered fish.
    (d) Rules and Regulations.--The Secretary shall prescribe such 
rules and regulations as the Secretary considers necessary to carry out 
the provisions of this Act.

SEC. 3. ENFORCEMENT AND PENALTIES.

    (a) Enforcement.--The Secretary of Commerce may enforce section 2 
in the same manner, by the same means, and with the same jurisdiction, 
powers, and duties provided under sections 308, 309, 310, and 311 of 
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1858, 1859, 1860, and 1861).
    (b) Penalties.--A person who violates section 2 shall be subject to 
the penalties, and entitled to the privileges and immunities, under 
sections 308, 309, 310, and 311 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1858, 1859, 1860, and 1861).

SEC. 4. REPORT ON RISKS TO WILD FISH STOCKS.

    Not later than 180 days after the date of enactment of this Act, 
the Under Secretary of Commerce for Oceans and Atmosphere shall 
transmit to the Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Natural Resources of the House of 
Representatives the report under section 1007 of the Food and Drug 
Administration Amendments Act of 2007 (21 U.S.C. 2106).

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Confined use.--The term ``confined use'' means any 
        operation, undertaken within a secured, land-based facility, 
        that involves a covered fish controlled by specific measures 
        that effectively prevent the covered fish from having contact 
        with and impact on the external environment, including 
        biological and physical confinement measures.
            (2) Covered fish.--The term ``covered fish'' means any 
        finfish, live or dead, including the gametes, fertilized eggs, 
        offspring, and descendants thereof, that is modified or 
        produced through the application of recombinant 
        deoxyribonucleic acid (DNA) technologies, using DNA from an 
        organism's own genome or that of another species, that overcome 
        natural physiological reproductive barriers and that are not 
        techniques used in traditional breeding and selection.
            (3) Finding of no significant impact.--The term ``finding 
        of no significant impact'' has the meaning given the term in 
        section 1508.13 of title 40, Code of Federal Regulations.
            (4) Product.--The term ``product'' means an item 
        manufactured or produced for sale or use as food.
Prevention of Escapement of Genetically Altered Salmon in the United States Act  This bill prohibits a person from:   shipping, transporting, offering for sale, selling, or purchasing a genetically altered finfish, or a food product containing those fish, in commerce;  having custody, control, or possession of those fish or food products with the intent to ship, transport, offer for sale, sell, or purchase them in commerce;  engaging in net-pen aquaculture (pens of fish contained by nets) of those fish;  releasing those fish into a natural environment; or  having custody, control, or possession of those fish with the intent to release them into a natural environment.    Fish, fish parts, or products confined for scientific research or collected to enforce this Act are exempted from the prohibition. An additional exemption is established if the National Oceanic and Atmospheric Administration (NOAA): (1) prepares a finding of no significant impact in accordance with the National Environmental Policy Act of 1969 after reviewing an application requesting a federal agency to permit activity prohibited by this Act, or (2) finds the application to be consistent with an environmental impact statement that includes an environmental risk analysis and specified assessments of costs and potential economic damage. Each federal agency must promptly notify NOAA when an action involving those fish or food products is first identified by the agency. The Department of Commerce may enforce penalties for violations of this Act under specified provisions of the Magnuson-Stevens Fishery Conservation and Management Act.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Guantanamo Bay Detainee Transfer 
Suspension Act of 2014''.

SEC. 2. TEMPORARY LIMITATION ON USE OF FUNDS TO TRANSFER OR RELEASE 
              INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, 
              GUANTANAMO BAY, CUBA.

    (a) In General.--Except as provided in subsection (b), no funds may 
be obligated or expended to transfer or release any covered detainee at 
Guantanamo to the custody or control of such individual's country of 
origin, any other foreign country, or any other foreign entity until 
the earlier of--
            (1) the date that is 90 days after the date of submittal to 
        Congress of the report required by subsection (d); or
            (2) the date that is 180 days after the date of the 
        enactment of this Act.
    (b) Exception.--
            (1) In general.--Subsection (a) shall not apply to the 
        obligation or expenditure of funds to transfer any covered 
        detainee at Guantanamo to effectuate an order affecting the 
        disposition of such individual that is issued by a court or 
        competent tribunal of the United States having lawful 
        jurisdiction.
            (2) Notice to congress.--The Secretary of Defense shall 
        promptly notify the appropriate committees of Congress of the 
        issuance of any order described in paragraph (1).
            (3) Delay in discharge.--An order described in paragraph 
        (1) may not be carried out until the date that is 5 days after 
        the date on which the appropriate committees of Congress are 
        notified of the order pursuant to paragraph (2).
    (c) Enforcement.--
            (1) In general.--An officer or employee of the United 
        States shall be liable in his or her individual capacity for a 
        civil penalty of $10,000 for each covered detainee at 
        Guantanamo transferred or released in violation of subsection 
        (a) pursuant to an action or order of the officer or employee 
        of the United States.
            (2) No representation by united states.--Notwithstanding 
        section 50.15 or 50.16 of title 28, Code of Federal 
        Regulations, or any other provision of law, the United States 
        Government may not provide representation to, or retain or 
        reimburse private counsel for the representation of, an officer 
        or employee in an action under paragraph (1).
            (3) Qui tam action.--
                    (A) In general.--A person may bring a civil action 
                for a violation of subsection (a) for the person and 
                for the United States Government, seeking a civil 
                penalty under paragraph (1). The action shall be 
                brought in the name of the Government. The action may 
                be dismissed only if the court and the Attorney General 
                give written consent to the dismissal and their reasons 
                for consenting.
                    (B) Complaint.--A copy of the complaint and written 
                disclosure of substantially all material evidence and 
                information the person possesses shall be served on the 
                Government pursuant to rule 4 of the Federal Rules of 
                Civil Procedure. The Government may elect to intervene 
                and proceed with the action within 30 days after it 
                receives both the complaint and the material evidence 
                and information.
                    (C) Determination by government.--Before the 
                expiration of the 30-day period under subparagraph (B), 
                the Government shall--
                            (i) proceed with the action, in which case 
                        the action shall be conducted by the 
                        Government; or
                            (ii) notify the court that it declines to 
                        take over the action, in which case the person 
                        bringing the action shall have the right to 
                        conduct the action.
                    (D) Individual conducting action.--If the 
                Government elects not to proceed with the action, and 
                upon request and at the Government's expense, the 
                Government shall be served with copies of all pleadings 
                filed in the action and shall be supplied with copies 
                of all deposition transcripts.
                    (E) Award to qui tam plaintiff.--A person bringing 
                an action under subparagraph (A) shall receive 50 
                percent of the amount of the civil penalty imposed on 
                the officer or employee of the United States and the 
                court shall award the person reasonable expenses which 
                the court finds to have been necessarily incurred, plus 
                reasonable attorneys' fees and costs, to be paid by the 
                defendant.
                    (F) Expedited appeal of dismissal.--It shall be the 
                duty of the courts of the United States to advance on 
                the docket and to expedite to the greatest possible 
                extent the disposition of any appeal by a person 
                bringing a civil action under subparagraph (A) of the 
                dismissal of the civil action with the consent of the 
                Attorney General.
    (d) Report.--
            (1) In general.--Not later than 60 days after the date of 
        the enactment of this Act, the Secretary of Defense shall, in 
        coordination with the Secretary of State and the Director of 
        National Intelligence, submit to the appropriate committees of 
        Congress a report setting forth the following:
                    (A) A detailed description of the previous 
                assessments by Joint Task Force Guantanamo regarding 
                the risk that the 5 detainees transferred from United 
                States Naval Station, Guantanamo Bay, Cuba, to Qatar on 
                May 31, 2014, would reengage in terrorist activity 
                after transfer.
                    (B) A detailed description of any changes between 
                the assessments described in subparagraph (A) and the 
                assessments as of May 31, 2014, of the risk that the 
                detainees described in that subparagraph would reengage 
                in terrorist activity after transfer as described in 
                that subparagraph, including the reasons for such 
                changes.
                    (C) A detailed description of the prior instances, 
                if any, in which Qatar did not fully honor its 
                commitments to monitor, detain, or control the travel 
                of individuals formerly detained at United States Naval 
                Station, Guantanamo Bay, Cuba, by the Department of 
                Defense.
                    (D) A detailed assessment of the likelihood that 
                the 5 detainees described in subparagraph (A) will 
                return to Afghanistan or reengage in terrorism.
                    (E) A detailed assessment of whether the transfer 
                of the 5 detainees as described in subparagraph (A) 
                will increase the likelihood that the Taliban and 
                terrorist groups around the world will try to capture 
                United States individuals or personnel in order to 
                obtain concessions from the United States.
            (2) Form.--The report required by paragraph (1) shall be 
        submitted in unclassified form, but may include a classified 
        annex.
    (e) Definitions.--In this section:
            (1) The term ``appropriate committees of Congress'' means--
                    (A) the Committee on Armed Services, the Committee 
                on Foreign Relations, the Committee on Appropriations, 
                the Select Committee on Intelligence, and the Committee 
                on the Judiciary of the Senate; and
                    (B) the Committee on Armed Services, the Committee 
                on Foreign Affairs, the Committee on Appropriations, 
                the Permanent Select Committee on Intelligence, and the 
                Committee on the Judiciary of the House of 
                Representatives.
            (2) The term ``covered detainee at Guantanamo'' means each 
        individual who--
                    (A) is not a United States citizen or a member of 
                the Armed Forces of the United States; and
                    (B) is or was held on January 20, 2009, at United 
                States Naval Station, Guantanamo Bay, Cuba, by the 
                Department of Defense.
            (3) The term ``officer or employee of the United States''--
                    (A) includes--
                            (i) the President;
                            (ii) the head and any officer or employee 
                        of any Executive agency or military department 
                        (as those terms are defined in chapter 1 of 
                        title 5, United States Code); and
                            (iii) any other officer or employee of the 
                        United States; and
                    (B) does not include--
                            (i) a member of the Armed Forces; or
                            (ii) an officer or employee of an element 
                        of the intelligence community (as defined in 
                        section 3 of the National Security Act of 1947 
                        (50 U.S.C. 3003)).

SEC. 3. PROHIBITION ON TRANSFER OR RELEASE OF DETAINEES AT UNITED 
              STATES NAVAL STATION GUANTANAMO BAY, CUBA, WITHOUT 
              EXPRESS WRITTEN AUTHORIZATION OF THE PRESIDENT.

    (a) Prohibition.--No detainee described in subsection (b) may be 
transferred or released from United States Naval Station Guantanamo 
Bay, Cuba, to a foreign country without the express written 
authorization of the President.
    (b) Covered Detainees.--A detainee described in this subsection is 
Khalid Sheikh Mohammed or any other detainee who--
            (1) is not a United States citizen or a member of the Armed 
        Forces of the United States;
            (2) is or was held on or after January 20, 2009, at United 
        States Naval Station, Guantanamo Bay, Cuba, by the Department 
        of Defense; and
            (3) is held as of the date of the enactment of this Act at 
        United States Naval Station, Guantanamo Bay, Cuba, by the 
        Department of Defense.

SEC. 4. RULE OF CONSTRUCTION.

    Nothing in this Act shall be construed to modify, limit, or 
supersede the requirements under section 1035 of the National Defense 
Authorization Act for Fiscal Year 2014 (10 U.S.C. 801 note) relating to 
the transfer or release of an individual detained at Guantanamo (as 
defined in subsection (e)(2) of such section).

Guantanamo Bay Detainee Transfer Suspension Act of 2014 - Prohibits the obligation or expenditure of funds to transfer or release any covered detainee at the U.S. Naval Station Guantanamo Bay, Cuba (Guantanamo) to the custody or control of such individual's country of origin, any other foreign country, or any other foreign entity until the earlier of 90 days after the submittal to Congress of a report required by this Act or 180 days after this Act's enactment, except pursuant to an order issued by a court or competent tribunal of the United States having lawful jurisdiction. Makes a U.S. officer or employee liable in his or her individual capacity for a civil penalty of $10,000 for each covered detainee transferred or released in violation of such prohibition. Prohibits the U.S. government from providing representation to, or retaining or reimbursing private counsel for the representation of, such officer or employee. Authorizes a person to bring a civil action for a violation of such prohibition in the name of the government, subject to specified requirements. Requires the Secretary to submit a report regarding the risk that the five detainees transferred from Guantanamo to Qatar on May 31, 2014, would reengage in terrorist activity after transfer. Prohibits the transfer or release of a covered detainee from Guantanamo to a foreign country without the President's express written authorization. Defines a "covered detainee" as Khalid Sheikh Mohammed or any other detainee who: (1) is not a U.S. citizen or a member of the U.S. Armed Forces; (2) is or was held on January 20, 2009, at Guantanamo by the Department of Defense (DOD); and (3) is held as of the date of enactment of this Act at Guantanamo Bay, Cuba, by DOD.