COMMITTEE ON RULES - H.R. 3685 - The Employment Non-Discrimination Act of 2007

Nov 05, 2007

H.R. 3685 - The Employment Non-Discrimination Act of 2007

COMMITTEE ACTION: REPORTED BY A RECORD VOTE OF 9 - 3 on Monday November 5, 2007.
FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 218 – 205 AFTER AGREEING TO THE PREVIOUS QUESTION BY THE YEAS AND NAYS 224 – 192 on Wednesday November 7, 2007.

MANAGERS:CASTOR/HASTINGS(WA)

110th Congress
1st Session

H.RES. 793

[Report No. 110-422]

H.R. 3685 - Employment Non-Discrimination Act of 2007

Structured rule.

Provides one hour of general debate equally divided and controlled by the Chairman and Ranking Minority Member of the Committee on Education and Labor.

Waives all points of order against consideration of the bill except for clauses 9 and 10 of rule XXI.

Provides that the bill shall be considered as read.

All points of order against the provisions of the bill are waived. This waiver does not affect the point of order available under clause 9 of rule XXI (regarding earmark disclosure).

No amendments shall be in order except those amendments printed in the Rules Committee report accompanying the resolution.

Provides that the amendments made in order in the report may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole.

Waives all points of order against the amendments printed in the report except for clauses 9 and 10 of rule XXI.

Provides one motion to recommit with or without instructions.

Provides that, notwithstanding the operation of the previous question, the Chair may postpone further consideration of the bill to a time designated by the Speaker.

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 3685) to prohibit employment discrimination on the basis of sexual orientation. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chairman and ranking minority member of the Committee on Education and Labor. After general debate the bill shall be considered for amendment under the five-minute rule. The bill shall be considered as read. All points of order against provisions of the bill are waived. Notwithstanding clause 11 of rule XVIII, no amendment to the bill shall be in order except those printed in the report of the Committee on Rules accompanying this resolution. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against such amendments are waived except those arising under clause 9 or 10 of rule XXI. Amendment number 3 in the report of the Committee on Rules may be withdrawn by its proponent before the question is put thereon. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

Sec. 2. During consideration in the House of H.R. 3685 pursuant to this resolution, notwithstanding the operation of the previous question, the Chair may postpone further consideration of the bill to such time as may be designated by the Speaker.

SUMMARY OF AMENDMENTS PROPOSED TO BE MADE IN ORDER

(summaries derived from information provided by sponsors)

1. Miller, George (CA):

(REVISED) The amendment 1) provides 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) it clarifies 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.

(20 minutes)

2. Souder (IN):

The amendment would strike paragraph (3) of section 8(a), which prohibits employers from conditioning employment on a person being married or being eligible to be married.

(10 minutes)

3. Baldwin (WI):

The amendment would 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.

(10 minutes)