HOUSE OF REPRESENTATIVES

407

1995 T46.16

Gallegly

Ganske

Gekas

Gilchrest

Gillmor

Gilman

Goodlatte

Goodling

Goss

Graham

Greenwood

Gunderson

Gutknecht

Hancock

Hansen

Hastert

Hastings (WA)

Hayworth

Hefley

Heineman

Herger

Hilleary

Hobson

Hoekstra

Hoke

Horn

Hostettler

Houghton

Hunter

Hutchinson

Hyde

Inglis

Istook

Johnson (CT)

Johnson, Sam

Jones

Kasich

Kelly

Kim

King

Kingston

Klug

Knollenberg

Kolbe

Largent

Latham

LaTourette

Laughlin

Lazio

Leach

Lewis (CA)

Lewis (KY)

Lightfoot

Linder

Livingston

LoBiondo

Longley

Lucas

Manzullo

Martini

McCollum

McCrery

McDade

McHugh

McInnis

McIntosh

McKeon

Metcalf

Meyers

Mica

Miller (FL)

Molinari

Montgomery

Moorhead

Morella

Myrick

Nethercutt

Neumann

Norwood

Nussle

Oxley

Packard

Parker

Paxon

Petri

Pombo

Porter

Portman

Pryce

Quillen

Quinn

Radanovich

Ramstad

Regula

Riggs

Roberts

Rogers

Rohrabacher

Ros-Lehtinen

Roth

Roukema

Royce

Salmon

Sanford

Saxton

Scarborough

Schaefer

Schiff

Seastrand

Sensenbrenner

Shadegg

Shaw

Shuster

Skeen

Smith (MI)

Smith (NJ)

Smith (TX)

Smith (WA)

Solomon

Souder

Spence

Stearns

Stockman

Stump

Talent

Tate

Taylor (NC)

Thomas

Thornberry

Tiahrt

Upton

Visclosky

Vucanovich

Waldholtz

Walker

Walsh

Wamp

Watts (OK)

Weldon (FL)

Weldon (PA)

Weller

White

Whitfield

Wicker

Wolf

Young (AK)

Young (FL)

Zeliff

Zimmer

NAYS—200

Abercrombie

Ackerman

Andrews

Baesler

Baldacci

Barcia

Barrett (WI)

Becerra

Beilenson

Bentsen

Berman

Bevill

Bishop

Boehlert

Bonior

Borski

Boucher

Browder

Brown (CA)

Brown (FL)

Brown (OH)

Cardin

Chapman

Clay

Clayton

Clement

Clyburn

Coleman

Collins (MI)

Condit

Conyers

Costello

Coyne

Cramer

Danner

de la Garza

Deal

DeFazio

DeLauro

Dellums

Deutsch

Dicks

Dingell

Dixon

Doggett

Doyle

Durbin

Edwards

Engel

Eshoo

Evans

Farr

Fattah

Fazio

Fields (LA)

Filner

Flake

Foglietta

Ford

Frank (MA)

Franks (CT)

Frost

Furse

Gejdenson

Gephardt

Geren

Gibbons

Gonzalez

Gordon

Green

Gutierrez

Hall (OH)

Hall (TX)

Hamilton

Harman

Hastings (FL)

Hayes

Hefner

Hilliard

Hinchey

Holden

Hoyer

Jackson-Lee

Jacobs

Jefferson

Johnson (SD)

Johnston

Kanjorski

Kaptur

Kennedy (MA)

Kennedy (RI)

Kennelly

Kildee

Kleczka

Klink

LaFalce

LaHood

Lantos

Levin

Lipinski

Lofgren

Lowey

Luther

Maloney

Manton

Markey

Martinez

Mascara

Matsui

McCarthy

McDermott

McHale

McKinney

McNulty

Meehan

Meek

Menendez

Mfume

Miller (CA)

Mineta

Minge

Mink

Moakley

Mollohan

Moran

Murtha

Nadler

Neal

Ney

Oberstar

Obey

Olver

Ortiz

Orton

Owens

Pallone

Pastor

Payne (NJ)

Payne (VA)

Pelosi

Peterson (FL)

Peterson (MN)

Pickett

Pomeroy

Poshard

Rahall

Rangel

Reed

Reynolds

Richardson

Rivers

Roemer

Rose

Roybal-Allard

Rush

Sabo

Sanders

Sawyer

Schroeder

Schumer

Scott

Serrano

Shays

Sisisky

Skaggs

Skelton

Slaughter

Spratt

Stark

Stenholm

Stokes

Studds

Stupak

Tanner

Tauzin

Taylor (MS)

Tejeda

Thompson

Thornton

Thurman

Torkildsen

Torres

Torricelli

Towns

Traficant

Tucker

Velazquez

Vento

Volkmer

Ward

Waters

Watt (NC)

Waxman

Williams

Wilson

Wise

Woolsey

Wyden

Wynn

Yates

NOT VOTING—7

Bryant (TX)

Collins (IL)

Cubin

Johnson, E.B.

Lewis (GA)

Lincoln

Myers

So the bill was passed.

A motion to reconsider the vote

whereby said bill was passed was, by

unanimous consent, laid on the table.

Ordered, That the Clerk request the

concurrence of the Senate in said bill.

T46.15 CLERK TO CORRECT ENGROSSMENT

On motion of Mr. LIVINGSTON, by

unanimous consent,

Ordered, That in the engrossment of

the foregoing bill, the Clerk be authorized to correct section numbers, punctuation, cross references, and to make

other technical corrections.

T46.16 UNFUNDED FEDERAL MANDATES

Mr. CLINGER called up the following

conference report (Rept. No. 104–76):

The committee of conference on the disagreeing votes of the two Houses on the

amendment of the House to the bill (S. 1), to

curb the practice of imposing unfunded Federal mandates on States and local governments; to strengthen the partnership between the Federal Government and State,

local and tribal governments; to end the imposition, in the absence of full consideration

by Congress, of Federal mandates on State,

local, and tribal governments without adequate funding, in a manner that may displace other essential governmental priorities; and to ensure that the Federal Government pays the costs incurred by those governments in complying with certain requirements under Federal statutes and regulations; and for other purposes, having met,

after full and free conference, have agreed to

recommend and do recommend to their respective Houses as follows:

That the Senate recede from its disagreement to the amendment of the House and

agree to the same with an amendment as follows:

In lieu of the matter proposed to be inserted by the House amendment, insert the

following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Unfunded

Mandates Reform Act of 1995’’.

SEC. 2. PURPOSES.

The purposes of this Act are—

(1) to strengthen the partnership between

the Federal Government and State, local,

and tribal governments;

(2) to end the imposition, in the absence of

full consideration by Congress, of Federal

mandates on State, local, and tribal governments without adequate Federal funding, in

a manner that may displace other essential

State, local, and tribal governmental priorities;

(3) to assist Congress in its consideration

of proposed legislation establishing or revising Federal programs containing Federal

mandates affecting State, local, and tribal

governments, and the private sector by—

(A) providing for the development of information about the nature and size of mandates in proposed legislation; and

(B) establishing a mechanism to bring such

information to the attention of the Senate

and the House of Representatives before the

Senate and the House of Representatives

vote on proposed legislation;

(4) to promote informed and deliberate decisions by Congress on the appropriateness of

Federal mandates in any particular instance;

(5) to require that Congress consider

whether to provide funding to assist State,

local, and tribal governments in complying

with Federal mandates, to require analyses

of the impact of private sector mandates,

and through the dissemination of that information provide informed and deliberate decisions by Congress and Federal agencies and

retain competitive balance between the public and private sectors;

(6) to establish a point-of-order vote on the

consideration in the Senate and House of

Representatives of legislation containing

significant Federal intergovernmental mandates without providing adequate funding to

comply with such mandates;

(7) to assist Federal agencies in their consideration of proposed regulations affecting

State, local, and tribal governments, by—

(A) requiring that Federal agencies develop

a process to enable the elected and other officials of State, local, and tribal governments to provide input when Federal agencies are developing regulations; and

(B) requiring that Federal agencies prepare

and consider estimates of the budgetary impact of regulations containing Federal mandates upon State, local, and tribal governments and the private sector before adopting

such regulations, and ensuring that small

governments are given special consideration

in that process; and

(8) to begin consideration of the effect of

previously imposed Federal mandates, including the impact on State, local, and tribal

governments of Federal court interpretations of Federal statutes and regulations

that impose Federal intergovernmental mandates.

SEC. 3. DEFINITIONS.

For purposes of this Act—

(1) except as provided in section 305 of this

Act, the terms defined under section 421 of

the Congressional Budget and Impoundment

Control Act of 1974 (as added by section 101

of this Act) shall have the meanings as so defined; and

(2) the term ‘‘Director’’ means the Director

of the Congressional Budget Office.

SEC. 4. EXCLUSIONS.

This Act shall not apply to any provision

in a bill, joint resolution, amendment, motion, or conference report before Congress

and any provision in a proposed or final Federal regulation that—

(1) enforces constitutional rights of individuals;

(2) establishes or enforces any statutory

rights that prohibit discrimination on the

basis of race, color, religion, sex, national origin, age, handicap, or disability;

(3) requires compliance with accounting

and auditing procedures with respect to

grants or other money or property provided

by the Federal Government;

(4) provides for emergency assistance or relief at the request of any State, local, or

tribal government or any official of a State,

local, or tribal government;

(5) is necessary for the national security or

the ratification or implementation of international treaty obligations;

(6) the President designates as emergency

legislation and that the Congress so designates in statute; or