2 U.S.C. § 658 — Definitions

For this part: (1) “Agency” has the meaning in title 5, section 551(1), but excludes independent regulatory agencies. (2) “Amount” means budget authority for a Federal grant, loan-guarantee, or direct-loan program. (3) “Direct costs” means the estimated total amount governments must spend or cannot raise in revenue to comply with an intergovernmental mandate, the Federal assistance eliminated or reduced under paragraph (5)(A)(ii), or the estimated total private-sector spending required by a private-sector mandate. Costs are calculated assuming governments and the private sector take reasonable steps to reduce costs and follow recognized professional or trade standards; tax and fee increases are not reasonable mitigation. Costs exclude spending for laws, regulations, programs, or activities already in effect for the same activity when the mandate is adopted, and spending offset by direct savings from the mandate or same-activity Federal law or regulation changes in the same measure. (4) “Direct savings” means the estimated total cost reduction to governments or the private sector from complying with the applicable mandate. (5) “Federal intergovernmental mandate” means a legislative, statutory, or regulatory provision that imposes an enforceable duty on State, local, or tribal governments, other than a Federal-assistance condition or voluntary-program duty unless subparagraph (B) applies; or reduces or removes authorized Federal assistance for an already imposed duty without a corresponding duty reduction, border control, or reimbursement for net costs of illegal, deportable, or excludable aliens when that increases education, emergency-health-care, or incarceration costs. The alien-cost rule does not apply where the government has not fully cooperated with Federal efforts to locate, apprehend, and deport illegal aliens. It also includes changes to an existing entitlement program providing at least $500,000,000 yearly to those governments that make assistance conditions stricter or cap or reduce Federal funding when participating governments cannot change their financial or program duties to keep providing affected services. (6) “Federal mandate” means an intergovernmental or private-sector mandate. (7) “Federal private-sector mandate” means a provision imposing an enforceable private-sector duty, other than an assistance condition or voluntary-program duty, or reducing authorized Federal assistance meant to ensure compliance with that duty. (8) “Local government” has the meaning in title 31, section 6501(6). (9) “Private sector” means all United States persons and entities, including individuals, partnerships, associations, corporations, educational institutions, and nonprofits, but not State, local, or tribal governments. (10) “Regulation” or “rule,” except a rule of either House of Congress, has the title 5, section 601(2) meaning of “rule.” (11) “Small government” means title 5, section 601(5) small jurisdictions and every tribal government. (12) “State” has the title 31, section 6501(9) meaning. (13) “Tribal government” means an Indian tribe, band, nation, or organized group or community, including an Alaska Native village or regional or village corporation under the Alaska Native Claims Settlement Act, recognized as eligible for special United States Indian programs and services.