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 to the Constitution 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.
Motions to reconsider laid on the table Agreed to without objection.
Conference report agreed to in House: On agreeing to the conference report Agreed to by recorded vote: 241 - 174 (Roll no. 159).(consideration: CR H3123-3135)
The previous question on the motion to recommit with instructions to conference committee was ordered without objection.
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.
Mr. Sensenbrenner moved to recommit with instructions to the conference committee.
The previous question was ordered without objection.
DEBATE - The House proceeded with one hour of debate on the conference report.
Mr. Brooks brought up conference report H. Rept. 103-488 for consideration under the provisions of H. Res. 417.
Rule H. Res. 417 passed House.
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.
Conference papers: Senate report and managers' statement held at the desk in Senate.
Conference report H. Rept. 103-488 filed. (text of conference report: CR H2917-2920)
Conference report filed: Conference report H. Rept. 103-488 filed.(text of conference report: CR H2917-2920)
Conferees agreed to file conference report.
Conference committee actions: Conferees agreed to file conference report.
Message on Senate action sent to the House.
Senate agreed to request for conference. Appointed conferees. Kennedy; Pell; Metzenbaum; Simon; Mikulski; Kassebaum; Jeffords; Coats; Hatch. (consideration: CR S4183)
Senate disagreed to the House amendments by Voice Vote.
Resolving differences -- Senate actions: Senate disagreed to the House amendments by Voice Vote.
Message on House action received in Senate and at desk: House amendments to Senate bill House requests a conference.
The Speaker appointed conferees - from the Committee on Energy and Commerce: Dingell, Waxman, Synar, Moorhead, and Bliley.
The Speaker appointed conferees - from the Committee on the Judiciary: Brooks, Schumer, Edwards (CA), Conyers, Schroeder, Sensenbrenner, Hyde, and Canady.
Motion to reconsider laid on the table Agreed to without objection.
On motion that the House instruct conferees Agreed to by recorded vote: 398 - 2 (Roll No. 72). (consideration: CR H1520-1522)
The previous question was ordered without objection.
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.
Mr. Sensenbrenner moved that the House instruct conferees.
Motion to reconsider laid on the table Agreed to without objection.
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).
The previous question was ordered without objection.
Mr. Smith (NJ) moved to commit to Judiciary.
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
The previous question was ordered without objection.
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.
Motion to reconsider laid on the table Agreed to without objection.
Motion to reconsider laid on the table Agreed to without objection.
On motion to table the motion to strike and insert Failed by the Yeas and Nays: 175 - 240 (Roll No. 68).
Mr. Smith (NJ) moved to table the motion to strike and insert.
Mrs. Schroeder moved the previous question on the motion.
DEBATE - Pursuant to the provisions of H. Res. 374, the House proceeded with one hour of debate on the Schroeder motion.
Mrs. Schroeder moved to strike all after the enacting clause and insert the text of H. R. 796, as passed by the 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.
Considered under the provisions of rule H. Res. 374. (consideration: CR H1509-1522)
Rule H. Res. 374 passed House.
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.
An objection was heard to the unanimous consent request to consider the measure.
Mr. Brooks asked unanimous consent to take from the Speaker's table and consider.
Held at the desk.
Message on Senate action sent to the House.
Received in the House.
Passed Senate with an amendment by Yea-Nay Vote. 69-30. Record Vote No: 373.
The committee substitute as amended agreed to by Voice Vote.
Measure laid before Senate by unanimous consent. (consideration: CR S15655-15688, S15702-15728)
Sponsor introductory remarks on measure. (CR S11311-11312)
Placed on Senate Legislative Calendar under General Orders. Calendar No. 169.
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.
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.
Committee on Labor and Human Resources. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Labor and Human Resources. Hearings held. Hearings printed: S.Hrg. 103-138.
Read twice and referred to the Committee on Labor and Human Resources.
Sponsor introductory remarks on measure. (CR S3523-3524)
Introduced in Senate
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