S 636 in Congressional Session 103

Official Summary

 

Bill Number : S 636

 

Title : 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.

 

SUMMARY AS OF:
5/2/1994--Conference report filed in House.    (There are 4 other summaries) Freedom of Access to Clinic Entrances Act of 1994 - Amends the Federal criminal code to prohibit: (1) intentionally injuring, intimidating, or interfering with, or attempting to injure, intimidate, or interfere, any person by force, threat of force, or physical obstruction because that person is or has been, or in order to intimidate such person or any other person or any class of persons from, obtaining or providing reproductive health services; (2) intentionally injuring, intimidating, or interfering with, or attempting to injure, intimidate, or interfere, any person by force, threat of force, or physical obstruction exercising or seeking to exercise the First Amendment right of religious freedom at a place of religious worship; or (3) intentionally damaging or destroying the property of a facility, or attempting to do so, because such facility provides reproductive health services, or intentionally damaging or destroying the property of a place of religious worship. Sets maximum dollar amounts of fines (including for exclusively nonviolent physical obstruction) and maximum imprisonment terms. Includes in the available civil remedies injunctive relief, compensatory and punitive damages, and costs. Authorizes civil actions by aggrieved persons, the Attorney General, and State attorneys general for violations. Specifies that nothing in this Act shall be construed to: (1) prohibit any expressive conduct (including peaceful picketing or other peaceful demonstration) protected from legal prohibition by the First Amendment to the Constitution; (2) create new remedies for interference with activities protected by free speech or free exercise clauses of the First Amendment to the Constitution, occurring outside a facility, regardless of the point of view expressed, or to limit any existing legal remedies for such interference; (3) provide exclusive criminal penalties or civil remedies with respect to conduct prohibited by this Act, or to preempt State or local laws that may provide such penalties or remedies; or (4) interfere with the enforcement of State or local laws regulating the performance of abortions or other reproductive health services.

Votes

Title : 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.
Votes in the US Senate
Roll NumberVote DateQuestionDescriptionVote Result
3731993-11-16On Passage of the Bills.636final passage; Freedom of Access to Clinic Entrances Act of 1994Passed
3721993-11-16On the Amendment S.Amdt. 1198hatch amdt no. 1198; To provide for a substitute amendment.Rejected
3711993-11-16On the Motion to Table S.Amdt. 1197motion to table kennedy amdt no. 1197; To clarify that nothing in this Act affects State regulation of abortion.Rejected
3701993-11-16On the Motion to Table S.Amdt. 1195motion to table Kennedy amdt. no. 1195; To protect rights guaranteed under the First Amendment.Rejected
3691993-11-16On the Amendment S.Amdt. 1192kennedy amdt no.1192 (as modified); To lower the maximum penalties applicable for offenses not involving force or threat of force.Agreed to
1121994-05-12On the Conference Reportconference report to accompany s.636; Freedom of Access to Clinic Entrances Act of 1994Agreed to
Votes in the US House
Roll NumberVote DateQuestionDescriptionVote Result
721994-03-17MOTION TO INSTRUCT CONFEREES FREEDOM OF ACCESS TO CLINICS ACTP
711994-03-17INSIST ON AMENDMENTS AND ASK FOR CONFERENCE FREEDOM OF ACCESS TO CLINICS ACTP
701994-03-17On Passage FREEDOM OF ACCESS TO CLINICS ACTP
691994-03-17COMMIT TO THE COMMITTEE ON JUDICIARY FREEDOM OF ACCESS TO CLINICS ACTF
681994-03-17  TO TABLE THE HOUSE AF
1591994-05-05On Agreeing to the Conference Report FREEDOM OF ACCESS TO CLINICS ACTP
1581994-05-05RECOMMIT CONFERENCE REPORT WITH INSTRUCTIONS RECOMMIT CONFERENCEF

Sponsors

 
Congressional Sponsors of S 636
 
Bill Number : S 636
Title : 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.
Sponsor: Sen Kennedy, Edward M. [MA] (introduced 3/23/1993)      
ALPHABETICAL [followed by Cosponsors withdrawn]:     (Sort: by date)

    Sen Baucus, Max [MT] - 5/11/1993

    Sen Boxer, Barbara [CA] - 3/23/1993

    Sen Bryan, Richard H. [NV] - 7/1/1993

    Sen Campbell, Ben Nighthorse [CO] - 3/23/1993

    Sen Chafee, John H. [RI] - 7/1/1993

    Sen DeConcini, Dennis [AZ] - 5/18/1993

    Sen Feingold, Russell D. [WI] - 3/23/1993

    Sen Feinstein, Dianne [CA] - 3/23/1993

    Sen Glenn, John H., Jr. [OH] - 8/2/1993

    Sen Harkin, Tom [IA] - 3/23/1993

    Sen Inouye, Daniel K. [HI] - 4/29/1993

    Sen Kassebaum, Nancy Landon [KS] - 5/18/1993

    Sen Kerry, John F. [MA] - 5/13/1993

    Sen Krueger, Robert C. [TX] - 3/29/1993

    Sen Lautenberg, Frank R. [NJ] - 4/1/1993

    Sen Leahy, Patrick J. [VT] - 6/24/1993

    Sen Levin, Carl [MI] - 7/27/1993

    Sen Metzenbaum, Howard M. [OH] - 3/23/1993

    Sen Mikulski, Barbara A. [MD] - 3/23/1993

    Sen Moseley-Braun, Carol [IL] - 3/23/1993

    Sen Murray, Patty [WA] - 3/26/1993

    Sen Packwood, Bob [OR] - 3/29/1993

    Sen Pell, Claiborne [RI] - 3/23/1993

    Sen Reid, Harry [NV] - 6/23/1993

    Sen Riegle, Donald W., Jr. [MI] - 4/27/1993

    Sen Robb, Charles S. [VA] - 3/23/1993

    Sen Rockefeller, John D., IV [WV] - 9/8/1993

    Sen Simon, Paul [IL] - 3/23/1993

    Sen Specter, Arlen [PA] - 5/24/1993

    Sen Wellstone, Paul D. [MN] - 3/23/1993

    Sen Wofford, Harris [PA] - 11/17/1993

Other Info

Bill Number : S 636
Title : 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.
 
 
ALL ACTIONS:
(Floor Actions/Congressional Record Page References)
 
3/23/1993:Sponsor introductory remarks on measure. (CR S3523-3524)
 
3/23/1993:Read twice and referred to the Committee on Labor and Human Resources.
 
5/12/1993:Committee on Labor and Human Resources. Hearings held. Hearings printed: S.Hrg. 103-138.
 
6/23/1993:Committee on Labor and Human Resources. Ordered to be reported with an amendment in the nature of a substitute favorably.
 
7/29/1993:Committee on Labor and Human Resources. Reported to Senate by Senator Kennedy with an amendment in the nature of a substitute. With written report No. 103-117. Additional and minority views filed.
 
7/29/1993:Placed on Senate Legislative Calendar under General Orders. Calendar No. 169.
 
9/9/1993:Sponsor introductory remarks on measure. (CR S11311-11312) 1
 
1/16/1993:Measure laid before Senate by unanimous consent. (consideration: CR S15655-15688, S15702-15728) 1
 
1/16/1993:The committee substitute as amended agreed to by Voice Vote. 1
 
1/16/1993:Passed Senate with an amendment by Yea-Nay Vote. 69-30. Record Vote No: 373. 1
 
1/17/1993 9:30am:Received in the House. 1
 
1/17/1993:Message on Senate action sent to the House. 1
 
1/17/1993 10:48am:Held at the desk.
 
3/2/1994 2:59pm:Mr. Brooks asked unanimous consent to take from the Speaker's table and consider.
 
3/2/1994 3:03pm:An objection was heard to the unanimous consent request to consider the measure.
 
3/2/1994 4:47pm:Rules Committee Resolution H. Res. 374 Reported to House. Rule provides for consideration of S. 636. Upon the adoption of this resolution it shall be in order to take from the Speaker's table the bill S. 636 and to consider the bill in the House. All points of order against the bill and against its consideration are waived. It shall be in order to move to strike all after the enacting clause of the Senate bill and to insert in lieu thereof the provisions of H.R. 796 as passed by the House. If the motion is agreed to and S. 636, as amended, is passed by the House, it shall be in order to move that the House insist on its amendments to S. 636 and request a conference with the Senate thereon.
 
3/17/1994 6:35pm:Rule H. Res. 374 passed House.
 
3/17/1994 6:39pm:Considered under the provisions of rule H. Res. 374. (consideration: CR H1509-1522)
 
3/17/1994 6:39pm:Rule provides for consideration of S. 636. Upon the adoption of this resolution it shall be in order to take from the Speaker's table the bill S. 636 and to consider the bill in the House. All points of order against the bill and against its consideration are waived. It shall be in order to move to strike all after the enacting clause of the Senate bill and to insert in lieu thereof the provisions of H.R. 796 as passed by the House. If the motion is agreed to and S. 636, as amended, is passed by the House, it shall be in order to move that the House insist on its amendments to S. 636 and request a conference with the Senate thereon.
 
3/17/1994 6:41pm:Mrs. Schroeder moved to strike all after the enacting clause and insert the text of H. R. 796, as passed by the House.
 
3/17/1994 6:41pm:DEBATE - Pursuant to the provisions of H. Res. 374, the House proceeded with one hour of debate on the Schroeder motion.
 
3/17/1994 6:52pm:Mrs. Schroeder moved the previous question on the motion.
 
3/17/1994 6:52pm:Mr. Smith (NJ) moved to table the motion to strike and insert.
 
3/17/1994 6:53pm:On motion to table the motion to strike and insert Failed by the Yeas and Nays: 175 - 240 (Roll No. 68).
 
3/17/1994 6:54pm:Motion to reconsider laid on the table Agreed to without objection.
 
3/17/1994 7:16pm:Motion to reconsider laid on the table Agreed to without objection.
 
3/17/1994 7:17pm:Mrs. Schroeder withdrew the motion ordering the previous question and the House proceeded with one hour of debate on the motion to strike all after the enacting clause and insert in lieu thereof the text of H.R. 796, as passed by the House.
 
3/17/1994 7:17pm:The previous question was ordered without objection.
 
3/17/1994 8:05pm:On motion to strike all after the enacting clause and insert in lieu thereof the text of H.R. 796, as passed by the House Agreed to without objection
 
3/17/1994 8:05pm:Mr. Smith (NJ) moved to commit to Judiciary.
 
3/17/1994 8:07pm:The previous question was ordered without objection.
 
3/17/1994 8:24pm:On motion to commit Failed by the Yeas and Nays: 168 - 233 (Roll no. 69).
 
3/17/1994 8:24pm:On passage Passed by recorded vote: 237 - 169 (Roll No. 70).
 
3/17/1994 8:24pm:Motion to reconsider laid on the table Agreed to without objection.
 
3/17/1994 8:24pm:The House struck all after the enacting clause and inserted in lieu thereof the provisions of a similar measure H.R. 796. Agreed to without objection.
 
3/17/1994 8:32pm:The title of the measure was amended. Agreed to without objection.
 
3/17/1994 8:32pm:Mrs. Schroeder moved that the House insist upon its amendments, and request a conference.
 
3/17/1994 8:33pm:On motion that the House insist upon its amendments, and request a conference Agreed to by the Yeas and Nays: 228 - 166 (Roll No. 71).
 
3/17/1994 8:34pm:Motion to reconsider laid on the table Agreed to without objection.
 
3/17/1994 8:35pm:Mr. Sensenbrenner moved that the House instruct conferees.
 
3/17/1994 8:35pm:The House proceeded with thirty minutes of debate on the Sensenbrenner motion to instruct conferees on the part of the House to agree to the Hatch Amendment, regarding the protection of religious institutions and the First amendment rights of those who worship within them.
 
3/17/1994 8:36pm:The previous question was ordered without objection.
 
3/17/1994 8:36pm:On motion that the House instruct conferees Agreed to by recorded vote: 398 - 2 (Roll No. 72). (consideration: CR H1520-1522)
 
3/17/1994 8:37pm:Motion to reconsider laid on the table Agreed to without objection.
 
3/17/1994 9:28pm:The Speaker appointed conferees - from the Committee on the Judiciary: Brooks, Schumer, Edwards (CA), Conyers, Schroeder, Sensenbrenner, Hyde, and Canady.
 
3/17/1994 9:28pm:The Speaker appointed conferees - from the Committee on Energy and Commerce: Dingell, Waxman, Synar, Moorhead, and Bliley.
 
3/21/1994:Message on House action received in Senate and at desk: House amendments to Senate bill House requests a conference.
 
4/12/1994:Senate disagreed to the House amendments by Voice Vote.
 
4/12/1994:Senate agreed to request for conference. Appointed conferees. Kennedy; Pell; Metzenbaum; Simon; Mikulski; Kassebaum; Jeffords; Coats; Hatch. (consideration: CR S4183)
 
4/13/1994:Message on Senate action sent to the House.
 
4/26/1994:Conferees agreed to file conference report.
 
5/2/1994 12:03pm:Conference report H. Rept. 103-488 filed. (text of conference report: CR H2917-2920)
 
5/2/1994:Conference papers: Senate report and managers' statement held at the desk in Senate.
 
5/4/1994 7:22pm:Rules Committee Resolution H. Res. 417 Reported to House. Rule provides for consideration of the conference report to S. 636. Waiving all points of order against the conference report and against its consideration. The conference report shall be considered read when called up.
 
5/5/1994 6:25pm:Rule H. Res. 417 passed House.
 
5/5/1994 6:26pm:Mr. Brooks brought up conference report H. Rept. 103-488 for consideration under the provisions of H. Res. 417.
 
5/5/1994 6:26pm:DEBATE - The House proceeded with one hour of debate on the conference report.
 
5/5/1994 7:22pm:The previous question was ordered without objection.
 
5/5/1994 7:22pm:Mr. Sensenbrenner moved to recommit with instructions to the conference committee.
 
5/5/1994 7:22pm:The instructions contained in the Sensenbrenner motion to recommit the conference report seek to require the managers to adopt the House language on attorneys fees, and that the court may award to the prevailing party, whether plaintiff or defendent, other than the United States, reasonable fees for attorneys and expert witnesses.
 
5/5/1994 7:22pm:The previous question on the motion to recommit with instructions to conference committee was ordered without objection.
 
5/5/1994 7:44pm:On motion to recommit with instructions to conference committee Failed by the Yeas and Nays: 193 - 222 (Roll no. 158). (consideration: CR H3133-3134)
 
5/5/1994 7:54pm:On agreeing to the conference report Agreed to by recorded vote: 241 - 174 (Roll no. 159). (consideration: CR H3123-3135)
 
5/5/1994 7:54pm:Motions to reconsider laid on the table Agreed to without objection.
 
5/5/1994:Conference papers: message on House action held at the desk in Senate.
 
5/12/1994:Conference report considered in Senate.
 
5/12/1994:Senate agreed to conference report by Yea-Nay Vote. 69-30. Record Vote No: 112. (consideration: CR S5628)
 
5/12/1994:Cleared for White House.
 
5/16/1994:Message on Senate action sent to the House.
 
5/17/1994:Presented to President.
 
5/26/1994:Signed by President.
 
5/26/1994:Became Public Law No: 103-259.