Freedom of Access to Clinic Entrances Act of 1994
PL 103-259 (S.636), enacted 05/26/1994

108 STAT. 694 
PUBLIC LAW 103-259—MAY 26, 1994 
Public Law 103-259 
103d Congress 
An Act 
May 26, 1994 
To amend title 18, United States Code, to assure freedom of access to reproductive 
[S. 636] 
services. 
Be it enacted by the Senate and House of Representatives 
of 
Freedom of 
the United States of America in Congress assembled. 
Entrances Act of SECTION 1. SHORT TITLE. 
1994 
18 use 248 note 
This Act may be cited as the "Freedom of Access to CUnic 
Entrances Act of 1994". 
18 u s e 248 note. 
SEC. 2. PURPOSE. 
Pursuant to the affirmative power of Congress to enact this 
legislation under section 8 of article I of the Constitution, as well 
as under section 5 of the fourteenth amendment to the Constitution, 
it is the purpose of this Act to protect and promote the public 
safety and health and activities Effecting interstate commerce by 
establishing Federal criminal penalties and civil remedies for cer-
tain violent, threatening, obstructive and destructive conduct that 
is intended to injure, intimidate or interfere with persons seeking 
to obtain or provide reproductive health services. 
SEC. 
3
. 
FREEDOM 
OF 
ACCESS 
TO 
CLINIC 
ENTRANCES. 
Chapter 13 of title 18, United States Code, is amended by 
adding at the end thereof the following new section: 
"§ 248 Freedom of Access to Clinic Entrances. 
"(a) PROHIBITED ACTIVITIES.—Whoever— 
"(1) by force or threat of force or by physical obstruction, 
intentionally injures, intimidates or interferes with or attempts 
to injure, intimidate or interfere with any person because that 
person is or has been, or in order to intimidate such person 
or any other person or any class of persons from, obtEiining 
or providing reproductive health services; 
"(2) by force or threat of force or by physical obstruction, 
intentionally injures, intimidates or interferes with or attempts 
to injure, intimidate or interfere with any person lawfully 
exercising or seeking to exercise the First Amendment right 
of religious freedom at a place of religious worship; or 
"(3) intentionally damages or destroys the property of a 
facility, or attempts to do so, because such facility provides 
reproductive health services, or intentionally damages or 
destroys the property of a place of religious worship, 
shall be subject to the penalties provided in subsection (b) and 
the civil remedies provided in subsection (c), except that a parent 
PUBLIC LAW 103-259—MAY 26, 1994 
108 STAT. 695 
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 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 offense 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 nonviolent physical 
obstruction, the fine shall be not more than $10,000 and the length 
of imprisonment shall be not more than six months, or both, for 
the first offense; and the fine shsdl 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 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 REMEDIES.— 
"(1) RIGHT OF ACTION.— 
"(A) IN GENERAL.—^Any person aggrieved by reason 
of the conduct prohibited by subsection (a) may commence 
a civil action for the relief set forth in subparagraph (B), 
except that such an action may be brought under subsection 
(a)(1) only by a person involved in providing or seeking 
to provide, or obtaining or seeking to obtain, services in 
a facility that provides reproductive health services, and 
such an action may be brought under subsection (a)(2) 
only by a person lawfully exercising or seeking to exercise 
the First Amendment right of religious freedom at a place 
of religious worship or by the entity that owns or operates 
such place of religious worship. 
"(B) RELIEF.—In any action under subparagraph (A), 
the court may award appropriate relief, including tem-
porary, preliminary or permanent injunctive relief and 
compensatory and punitive damages, as well as the costs 
of suit and reasonable fees for attorneys and expert wit-
nesses. With respect to compensatory 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 General of the 
United States has reasonable cause to believe that any 
gerson or group of persons is being, has been, or may 
e injured by conduct constituting a violation of this sec-
tion, the Attorney (General may commence a civil action 
in any appropriate United States District Court. 
"(B) RELIEF.—In any action under subparagraph (A), 
the court may award appropriate relief, including tem-
porary, preliminary or permanent injunctive relief, and 
compensatory damages to persons aggrieved as described 
in paragraph (1)(B). The court, to vindicate the public 
interest, may also assess a civil penalty against each 
respondent— 
108 STAT. 696 
PUBLIC LAW 103-259—MAY 26, 1994 
"(i) in an amount not exceeding $10,000 for a non-
violent physical obstruction and $15,000 for other first 
violations; and 
"(ii) in an amount not exceeding $15,000 for a 
nonviolent physical obstruction and $25,000 for any 
other subsequent violation. 
"(3) ACTIONS BY STATE ATTORNEYS GENERAL.— 
"(A) IN GENERAL.—If the Attorney General 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 
constituting a violation of this section, such Attorney Gren-
eral may commence a civil action in the name of such 
State, as parens patriae on behalf of natural persons resid-
ing in such State, in any appropriate United States District 
Court. 
"(B) RELIEF.—In any action under subparagraph (A), 
the court may award appropriate relief, including tem-
porary, preliminary or permanent injunctive relief, compen-
satory damages, and civil penedties as described in para-
graph (2)(B). 
"(d) RULES OF CONSTRUCTION.—Nothing in this section shall 
be construed— 
"(1) to prohibit any expressive conduct (including peaceful 
picketing or other peaceful demonstration) 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 Constitution, occurring outside a facil-
ity, regardless of the point of view expressed, or to limit any 
existing legal remedies for such interference; 
"(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 the performance of abortions or other reproduc-
tive health services. 
"(e) DEFINITIONS.—As used in this section: 
"(1) FACILITY.—^The term'facility* includes a hospital, clinic, 
physician's ofiB.ce, or other facility that provides reproductive 
health services, and includes the building or structure in which 
the facility is located. 
"(2) INTERFERE WITH.—^The term 'interfere with' means to 
restrict a person's freedom of movement. 
"(3) INTIMIDATE.—The term 'intimidate' means to place a 
person in reasonable apprehension of bodily harm to him- or 
herself or to Einother. 
"(4) PHYSICAL OBSTRUCTION.—The term 'physical obstruc-
tion' means rendering impassable ingress to or egress from 
a facility that provides reproductive health services or to or 
from a place of religious worship, or rendering passage to 
or from such a facility or place of religious worship unreason-
ably difficult or hazardous. 
"(5) REPRODUCTIVE HEALTH SERVICES.—^The term 'reproduc-
tive health services' meeins reproductive health services pro-
vided in a hospital, clinic, physician's office, or other facility, 
and includes medical, surgical, counselling or referral services 
PUBLIC LAW 103-259—MAY 26, 1994 
108 STAT. 697 
relating to the human reproductive system, including services 
relating to pregnancy or the termination of a pregnancy. 
"(6) STATE.—The term 'State' includes a State of the United 
States, the District of Columbia, and any commonwealth, terri-
tory, or possession of the United States.". 
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.". 
SEC. 5. SEVERABILITY. 
18 USC 248 note. 
If any provision of this Act, an amendment made by this 
Act, or the application of such provision or amendment to any 
person or circumstance is held to be unconstitutional, the remainder 
of this Act, the amendments made by this Act, and the application 
of the provisions of such to any other person or circumstance shall 
not be affected thereby. 
SEC. 6. EFFECTIVE DATE. 
18 USC 248 note. 
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. 
Approved May 26, 1994. 
LEGISLATIVE HISTORY—S. 636 (H.R. 796): 
HOUSE REPORTS: Nos. 103-306 accompanying H.R. 796 (Comm. on the Judiciary) 
and 103-488 (Comm. of Conference). 
SENATE REPORTS: No. 103-117 (Comm. on Labor and Human Resources). 
CONGRESSIONAL RECORD: 
Vol. 139 (1993): Nov. 16, considered and passed Senate. 
Nov. 18, H.R. 796 considered and passed House. 
Vol. 140 (1994): Mar. 17, S. 636 considered and passed Senate, amended, in lieu 
of H.R. 796. 
May 5, House agreed to conference report. 
May 12, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 30 (1994): 
May 26, Presidential remarks.