[House Report 104-666]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     104-666
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 PROVIDING FOR THE CONSIDERATION OF H.R. 3396, DEFENSE OF MARRIAGE ACT

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   July 10, 1996.--Referred to the House Calendar and ordered to be 
                                printed

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   Mr. McInnis, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 474]

    The Committee on Rules, having had under consideration 
House Resolution 474, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

               brief summary of provisions of resolution

    The resolution provides for the consideration of H.R. 3396, 
the ``Defense of Marriage Act'' under a modified closed rule. 
The rule provides one hour of general debate divided equally 
between the chairman and ranking minority member of the 
Committee on the Judiciary.
    The rule waives clause 2(l)(6) of rule XI (3 day 
availability requirement for committee reports) against 
consideration of the bill. The rule makes in order only the 
amendments printed in the report accompanying the rule, to be 
offered only in the order printed, by the Member specified, and 
debatable for the time specified in the report. The amendments 
are considered as read and are not subject to amendment or 
subject to a demand for a division of the question. All points 
of order are waived against the amendments.
    Finally, the rule provides for one motion to recommit with 
or without instructions.

   summary of amendments made in order to H.R. 3396, the defense of 
                              marriage act

    (1) Frank (MA)--An amendment to strike Section 3 of the 
legislation, which defines for Federal purposes marriage (and 
spouse) as a legal union between a man and woman as husband and 
wife. (75 minutes)
    (2) Frank (MA)--An amendment to suspend the federal 
definition of marriage when a state, through its normal 
democratic procedures, determines a definition different than 
that which is provided here. (15 minutes)

1. An Amendment To Be Offered by Representative Frank of Massachusetts 
               or His Designee, Debatable for 75 Minutes

    Strike section 3 (page 3, line 9 and all that follows 
through the matter following line 24).
                              ----------                              


2. An Amendment To Be Offered by Representative Frank of Massachusetts 
               or His Designee, Debatable for 15 Minutes

    Page 3, after line 20, insert:
    (b) Application.--
          (1) Subsection (a) shall not apply if the State in 
        which the persons affected by such application of 
        subsection (a) has determined that the definition of 
        ``marriage'' or ``spouse'', or both, shall be different 
        than that in subsection (a), provided such State 
        determination is in the form of--
                  (A) legislation; or
                  (B) citizen initiative or referendum.
          (2) In the case where such a determination is made by 
        judicial decision interpreting a State constitution, 
        subsection (a) shall cease to apply if the minimum time 
        necessary in that State for an amendment to the State 
        constitution elapses and the State's determination 
        remains in effect.
          (3) In the case where such a determination is made by 
        judicial decision interpreting a State statute, 
        subsection (a) shall cease to apply with the 
        adjournment of the next session of the State 
        legislature.
    Page 3, line 21, strike ``(b)'' and insert ``(c)''.