US Laws, Codes, Statutes & Cases

From the U.S. Code Online via GPO Access
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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 2USC658]

 
                          TITLE 2--THE CONGRESS
 
         CHAPTER 17A--CONGRESSIONAL BUDGET AND FISCAL OPERATIONS
 
                    SUBCHAPTER II--FISCAL PROCEDURES
 
                        Part B--Federal Mandates
 
Sec. 658. Definitions

    For purposes of this part:

                             (1) Agency

        The term ``agency'' has the same meaning as defined in section 
    551(1) of title 5, but does not include independent regulatory 
    agencies.

                             (2) Amount

        The term ``amount'', with respect to an authorization of 
    appropriations for Federal financial assistance, means the amount of 
    budget authority for any Federal grant assistance program or any 
    Federal program providing loan guarantees or direct loans.

                          (3) Direct costs

        The term ``direct costs''--
            (A)(i) in the case of a Federal intergovernmental mandate, 
        means the aggregate estimated amounts that all State, local, and 
        tribal governments would be required to spend or would be 
        prohibited from raising in revenues in order to comply with the 
        Federal intergovernmental mandate; or
            (ii) in the case of a provision referred to in paragraph 
        (5)(A)(ii), means the amount of Federal financial assistance 
        eliminated or reduced;
            (B) in the case of a Federal private sector mandate, means 
        the aggregate estimated amounts that the private sector will be 
        required to spend in order to comply with the Federal private 
        sector mandate;
            (C) shall be determined on the assumption that--
                (i) State, local, and tribal governments, and the 
            private sector will take all reasonable steps necessary to 
            mitigate the costs resulting from the Federal mandate, and 
            will comply with applicable standards of practice and 
            conduct established by recognized professional or trade 
            associations; and
                (ii) reasonable steps to mitigate the costs shall not 
            include increases in State, local, or tribal taxes or fees; 
            and

            (D) shall not include--
                (i) estimated amounts that the State, local, and tribal 
            governments (in the case of a Federal intergovernmental 
            mandate) or the private sector (in the case of a Federal 
            private sector mandate) would spend--
                    (I) to comply with or carry out all applicable 
                Federal, State, local, and tribal laws and regulations 
                in effect at the time of the adoption of the Federal 
                mandate for the same activity as is affected by that 
                Federal mandate; or
                    (II) to comply with or carry out State, local, and 
                tribal governmental programs, or private-sector business 
                or other activities in effect at the time of the 
                adoption of the Federal mandate for the same activity as 
                is affected by that mandate; or

                (ii) expenditures to the extent that such expenditures 
            will be offset by any direct savings to the State, local, 
            and tribal governments, or by the private sector, as a 
            result of--
                    (I) compliance with the Federal mandate; or
                    (II) other changes in Federal law or regulation that 
                are enacted or adopted in the same bill or joint 
                resolution or proposed or final Federal regulation and 
                that govern the same activity as is affected by the 
                Federal mandate.

                         (4) Direct savings

        The term ``direct savings'', when used with respect to the 
    result of compliance with the Federal mandate--
            (A) in the case of a Federal intergovernmental mandate, 
        means the aggregate estimated reduction in costs to any State, 
        local, or tribal government as a result of compliance with the 
        Federal intergovernmental mandate; and
            (B) in the case of a Federal private sector mandate, means 
        the aggregate estimated reduction in costs to the private sector 
        as a result of compliance with the Federal private sector 
        mandate.

                (5) Federal intergovernmental mandate

        The term ``Federal intergovernmental mandate'' means--
            (A) any provision in legislation, statute, or regulation 
        that--
                (i) would impose an enforceable duty upon State, local, 
            or tribal governments, except--
                    (I) a condition of Federal assistance; or
                    (II) a duty arising from participation in a 
                voluntary Federal program, except as provided in 
                subparagraph (B)); \1\ or
---------------------------------------------------------------------------
    \1\ So in original. Second closing parenthesis probably should not 
appear.

                (ii) would reduce or eliminate the amount of 
            authorization of appropriations for--
                    (I) Federal financial assistance that would be 
                provided to State, local, or tribal governments for the 
                purpose of complying with any such previously imposed 
                duty unless such duty is reduced or eliminated by a 
                corresponding amount; or
                    (II) the control of borders by the Federal 
                Government; or reimbursement to State, local, or tribal 
                governments for the net cost associated with illegal, 
                deportable, and excludable aliens, including court-
                mandated expenses related to emergency health care, 
                education or criminal justice; when such a reduction or 
                elimination would result in increased net costs to 
                State, local, or tribal governments in providing 
                education or emergency health care to, or incarceration 
                of, illegal aliens; except that this subclause shall not 
                be in effect with respect to a State, local, or tribal 
                government, to the extent that such government has not 
                fully cooperated in the efforts of the Federal 
                Government to locate, apprehend, and deport illegal 
                aliens;

            (B) any provision in legislation, statute, or regulation 
        that relates to a then-existing Federal program under which 
        $500,000,000 or more is provided annually to State, local, and 
        tribal governments under entitlement authority, if the 
        provision--
                (i)(I) would increase the stringency of conditions of 
            assistance to State, local, or tribal governments under the 
            program; or
                (II) would place caps upon, or otherwise decrease, the 
            Federal Government's responsibility to provide funding to 
            State, local, or tribal governments under the program; and
                (ii) the State, local, or tribal governments that 
            participate in the Federal program lack authority under that 
            program to amend their financial or programmatic 
            responsibilities to continue providing required services 
            that are affected by the legislation, statute, or 
            regulation.

                         (6) Federal mandate

        The term ``Federal mandate'' means a Federal intergovernmental 
    mandate or a Federal private sector mandate, as defined in 
    paragraphs (5) and (7).

                 (7) Federal private sector mandate

        The term ``Federal private sector mandate'' means any provision 
    in legislation, statute, or regulation that--
            (A) would impose an enforceable duty upon the private sector 
        except--
                (i) a condition of Federal assistance; or
                (ii) a duty arising from participation in a voluntary 
            Federal program; or

            (B) would reduce or eliminate the amount of authorization of 
        appropriations for Federal financial assistance that will be 
        provided to the private sector for the purposes of ensuring 
        compliance with such duty.

                        (8) Local government

        The term ``local government'' has the same meaning as defined in 
    section 6501(6) of title 31.

                         (9) Private sector

        The term ``private sector'' means all persons or entities in the 
    United States, including individuals, partnerships, associations, 
    corporations, and educational and nonprofit institutions, but shall 
    not include State, local, or tribal governments.

                        (10) Regulation; rule

        The term ``regulation'' or ``rule'' (except with respect to a 
    rule of either House of the Congress) has the meaning of ``rule'' as 
    defined in section 601(2) of title 5.

                        (11) Small government

        The term ``small government'' means any small governmental 
    jurisdictions defined in section 601(5) of title 5 and any tribal 
    government.

                             (12) State

        The term ``State'' has the same meaning as defined in section 
    6501(9) of title 31.

                       (13) Tribal government

        The term ``tribal government'' means any Indian tribe, band, 
    nation, or other organized group or community, including any Alaska 
    Native village or regional or village corporation as defined in or 
    established pursuant to the Alaska Native Claims Settlement Act (85 
    Stat. 688; 43 U.S.C. 1601 et seq.) which is recognized as eligible 
    for the special programs and services provided by the United States 
    to Indians because of their special status as Indians.

(Pub. L. 93-344, title IV, Sec. 421, as added Pub. L. 104-4, title I, 
Sec. 101(a)(2), Mar. 22, 1995, 109 Stat. 50.)

                       References in Text

    The Alaska Native Claims Settlement Act, referred to in par. (13), 
is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is 
classified generally to chapter 33 (Sec. 1601 et seq.) of Title 43, 
Public Lands. For complete classification of this Act to the Code, see 
Short Title note set out under section 1601 of Title 43 and Tables.


                             Effective Date

    Part effective Jan. 1, 1996, or on the date 90 days after 
appropriations are made available as authorized under section 1516 of 
this title, whichever is earlier, and applicable to legislation 
considered on and after such date, see section 110 of Pub. L. 104-4, set 
out as a note under section 1511 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 658b, 658c, 1502, 1515 of 
this title.