H.R.3685 - Federal Government

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 479.

Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

Rule H. Res. 793 passed House.

Considered under the provisions of rule H. Res. 793. (consideration: CR H13216-13253)

House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 793 and Rule XVIII.

The Speaker designated the Honorable Ellen O. Tauscher to act as Chairwoman of the Committee.

H.AMDT.882 Amendment (A001) offered by Mr. George Miller. (consideration: CR H13243-13245, H13249; text: CR H13243) An amendment numbered 1 printed House Report 110-422 to (1) provide explicitly that any religious corporation, school, association or society that is exempt under either Section 702(a) or 703(e)(2) of Title VII's religious exemptions is exempt under ENDA. It clarifies that the scope of Title VII's exemption is exactly the scope of ENDA's exemption (if a school is exempt from Title VII's religious discrimination prohibitions, it will also be exempt from ENDA); and (2) clarify that ENDA does not alter the Defense of Marriage Act (DOMA) in any way. It strikes language referencing `a same-sex couple who are not married' in the Employee Benefits section of ENDA. It also inserts language clarifying that the term `married' has the meaning given such term in DOMA, directly incorporating DOMA's definition of marriage.

H.AMDT.883 Amendment (A002) offered by Mr. Souder. (consideration: CR H13246-13247, H13249-13250; text: CR H13243) An amendment numbered 2 printed in House Report 110-422 to strike paragraph (3) of section 8(a), which prohibits employers from conditioning employment on a person being married or being eligible to be married.

H.AMDT.884 Amendment (A003) offered by Ms. Baldwin. (consideration: CR H13247-13249; text: CR H13247) An amendment numbered 3 printed in House Report 110-422 to expand ENDA's protections to persons discriminated against based on gender identity, defined as the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual, with or without regard to the individual's designated sex at birth. The amendment includes language concerning shared facilities, dress, and grooming standards, as well as a paragraph stating that the construction of additional facilities are not required.

H.AMDT.884 By unanimous consent, the Baldwin amendment was withdrawn.

H.AMDT.882 On agreeing to the Miller, George amendment (A001) Agreed to by recorded vote: 402 - 25 (Roll no. 1054).

H.AMDT.883 On agreeing to the Souder amendment (A002) Agreed to by recorded vote: 325 - 101 (Roll no. 1055).

The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3685.

The previous question was ordered pursuant to the rule. (consideration: CR H13250)

The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.

Mr. Forbes moved to recommit with instructions to Education and Labor.

The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H13252)

On motion to recommit with instructions Failed by the Yeas and Nays: 198 - 222 (Roll no. 1056).

On passage Passed by the Yeas and Nays: 235 - 184 (Roll no. 1057). (text: CR H13241-13243)

Motion to reconsider laid on the table Agreed to without objection.